[MassHistPres] Hardship question

[slater at alum.rpi.edu]

>However, with the incorrect name listed, I wondered whether the
Applicant
>could say that they could by-pass the Commission because the listing
was
>invalid and the restriction did not apply despite the fact that the
>restriction is tied to the property and not to the particular owner.

Hi Kelly --

I'm not sure what hardship the applicant is arguing. Are they claiming
that inclusion in the district is a hardship? That's laughable. 

Are they claiming that their lack of knowledge of being in the district
when they bought their property is a hardship? If the town has properly
documented its districts, that should not be an issue. The town has no
say over what a private deed says -- deeds are county based, and the
town cannot possibly know who is thinking of buying a property in a
district, and then notify them. 

If you treat being in a district as a negative point, then the
responsibility lies with the previous owner and the previous listing
agent to notify the buyer of this restriction.

Are they claiming their recent lack of knowledge is a hardship? Not sure
how they can do that -- now they know, so they can do the right thing.
The town did the right thing by blocking the building permit without
review, and if the contractor purchased materials or performed work
prior to receiving a permit, they should eat those costs, just as if
they start to build a building without receiving a permit, and the
zoning board determines that the building doesn't meet requirements.

Ralph Slate
Springfield, MA