[MassHistPres] Hardship question

[KChase at ci.somerville.ma.us]

An Application (for Hardship?) has come into the Commission for replacement
windows.  The owner bought the house in 1996 and claimed that he did not
know that the property was listed as an an LHD until his contractor went in
to pull a permit.  Staff investigation of the Registry of Deeds website has
shown that the property was listed under a misspelling of the original
owner's name and therefore may not have been findable by the current owner
or his agent.

Does this constitute a "hardship" that is applicable to a particular
property as defined by Chris Skelly's e-mail of November 2004? 

"Under the Massachusetts General Law, the granting of a certificate of
hardship will be based on "conditions especially affecting the building or
structure involved, but not affecting the historic district generally."  In
other words, the hardship must be unique to the applicant's property and
affect it in a particular manner. It cannot constitute a condition which
generally afflicts other property within the district.  For instance, a fire
escape may be essential on a particular building in order to keep the
building up to fire safety codes.  That would be a specific condition
affecting a particular building and might warrant the granting of a
certificate of hardship.  A certificate of hardship for vinyl siding is not
a specific condition affecting a particular building.  All the buildings in
the district have the same condition - they all need protection from the
weather and vinyl siding is inappropriate on all buildings found in the
district." 

Thanks,

Kristi Chase
Preservation Planner
Historic Preservation Commission
City Hall
93 Highland Avenue
Somerville, MA  02143

617-625-6600 x2500