[MassHistPres] Historic Districts & 40B Reform

[Anne Forbes]

Many thanks to John for sending the message below.  

While we have the subject of 40Bs and historic districts in mind, it might be timely to ask the question of how HDCs are treating proposed changes to established 40B developments within their districts.  As owners begin to modify the buildings, are commissions reviewing the alterations and requiring Certificates of Appropriateness in the normal way?  
  ----- Original Message ----- 
  From: John Worden 
  To: masshistpres at cs.umb.edu 
  Sent: Wednesday, May 27, 2009 11:31 AM
  Subject: [MassHistPres] Historic Districts & 40B Reform


  HISTORIC DISTRICTS & 40B REFORM

  Historic District Commissions (HDCs) can protect their districts against inappropriate change from everything except 40B developers.  But, if a developer of “affordable housing” comes along, he can go to the Zoning Board of Appeals (ZBA) and obtain a “comprehensive permit” overriding historic district (HD) protection.  In some cases, developers use the threat of 40B to force HDCs to approve not-very-good projects for the fear of getting something worse.  Legislation now pending in the State Senate (Bill No. 772) would preserve HD protection while still allowing affordable housing projects, but requiring HDC participation and conditions in the permitting process and eliminating “uneconomic condition” as a basis for appeal to the Housing Appeals Committee.

  After all, residents in an “affordable” project are just as entitled to live in an HD as anyone else – and to have a preserved historic environment for their neighborhood.  If you agree that our HDs need this protection, please write to the Joint Committee on Housing, Room 424, State House, Boston, Mass. 02133, and contact your local senators and representatives, in both cases urging them to support Senate Bill No. 772, the text of which is as follows:

  "Section 21 of chapter 40B of the Massachusetts General Laws is hereby amended by adding the following paragraph:  Applications to built low and moderate income housing in an historic district as defined in MGL Chapter 40C must obtain a certificate of appropriateness as outlined in Section 6 of Chapter 40C.  The local historic [district] commission shall hold its hearing concurrently with the local zoning board and have its conditions included in the permit.  None of the conditions may be appealed to the housing appeals committee as an uneconomic condition.  An application may not be denied based upon its location within an historic district."

  Time is of the essence.

  John Worden

  Arlington Historic District Commissions





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