[MassHistPres] non-transferable LHD permits?

[Dcolebslade at aol.com]

The Town Counsel reviewed the Westport Historical Commission Rules  and 
Regulations and no comment was made on this point.  We adopted this  rule in order 
to make sure that the new owner is fully aware of the commitment  that has 
been made to adhere to the certificate's stipulations.  In most  cases, new 
owners will have different ideas as to what they would want to do and  do not 
understand that they cannot simply change what they consider  as "details" without 
approval.   They may not even be aware  of the old certificate.    A new 
application could be exactly the  same as the existing one, but they would have to 
come before the commission and  understand their responsibilities.  The fee 
could be waived if such, but  the abutters and others would be notified.  It 
could reasonably be expected  that the Commission would approve the Certificate 
if it were the  same.
 
We look at it as a "license" to the owner  like a "license" to  drive a car.  
When the car is sold, the license to drive it does not go  with the car.  The 
new owner has to have her own license to drive. We state  in the rules and 
regulations that the certificate is given to a person - the  "owner", not the 
property, which seems consistent with Chapter 40C. The  Commission's review 
authority is over the property, but the certificate is to  the applicant, a 
person, who owns the property at that time and signs the  application.  This is 
especially important in a hardship case of course  where approval is given to 
something that may not have been  appropriate due to the particular circumstances 
of the then owner.   



In other sections of the rules and regs we discuss the relationship  of the 
Certificate to the building permit and to the sale of the property to  make the 
policy consistent.  This has to be coordinated with the building  inspector.  

Jane Loos
Betty Slade
           Westport




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