[MassHistPres] Local Historic Districts with University Neighbors

[Sullivan, Charles M.]

The so-called Dover Amendment was enacted in 1950 to bar municipalities from prohibiting or restricting the use of land for educational or religious purposes. However, a city or town may adopt "reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements" (M.G.L. c. 40A, §3). Dover mainly regulates use, so it would appear that your dimensional regulations need only be "reasonable." Best to check with your town attorney, though.

Cambridge got the legislature to exempt it from the Dover amendment in 1980, but Dover issues never came up in the historic districts that were enacted in 1964 and 1976 that included most of Harvard and Radcliffe Yards - perhaps because most issues there involved alterations, not new construction.

________________________________
Charles M. Sullivan, Executive Director
Cambridge Historical Commission
831 Massachusetts Avenue
Cambridge, Mass.  02139
617 349-4684 voice, 349-3116 fax


-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu]On Behalf Of Peg Keller
Sent: Thursday, January 18, 2007 9:30 AM
To: MHCListserve (E-mail)
Subject: [MassHistPres] Local Historic Districts with University
Neighbors


Hi all/  I am in the process of reviewing my LHD guidelines in an area where 30% of the properties are owned by Smith College/  Can anyone give me examples of other LHD's that abut colleges/universities that may have had to incorporate adjustments, i.e. new construction, height limits, etc. to address Dover Amendment protections? thanks. Peg Keller

Housing and Community Development Planner
Office of Planning and Development
City of Northampton
210 Main Street   Northampton  MA 01060
telephone:  413-587-1288
fax:  413-587-1264
pkeller at northamptonma.gov

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