[MassHistPres] non-transferable LHD permits?

[Anne Forbes]

Dennis,
The Acton historic district certificates do stipulate that if a property 
changes hands the new owner must apply for a new one if they want to perform 
the approved work.  The reason for that is mainly practical - while it was 
the intent of the former owner to execute the work in the proposed way, that 
may not be the case with a new owner.  Also, the HDC makes no assumptions 
about the level of communication between the old and new owners; it's 
possible that the new owner might not even have a copy of the certificate or 
have an understanding of any conditions, recommendations, etc.

In practice, the commission treats this type of transfer in the same way it 
regards the renewal of an expired certificate:  if nothing in the plans for 
the approved work has changed, then a new certificate is issued 
automatically.  Perhaps any legal concerns can be put to rest by putting 
language to that effect into the commission's Rules and Regulations.

Anne Forbes, Acton HDC


----- Original Message ----- 
From: "Dennis De Witt" <djdewitt at rcn.com>
To: "MHC listserve" <masshistpres at cs.umb.edu>
Sent: Tuesday, December 04, 2007 11:09 PM
Subject: [MassHistPres] non-transferable LHD permits?


> Some towns in their LHD rules and regulations have a stipulation that
> a Certificate is granted to an owner and not to building and that it
> is non-transferable.  My notes suggest that towns that seem to have
> such a provision include Andover, Acton, & Westport.
>
> Our Town Counsel wonders if such a limitation is allowable.  Are
> there other towns with similar provisions?  Does anyone know how they
> came about?  Does anyone have an example of an actual benefit derived
> from enforcing such a rule.
>
> Dennis De Witt
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