[MassHistPres] Historic Districts & 40B Reform

[Boston Affiliates]

Can you tell us what the timing is on this bill?

Polly Harrell

At 11:50 AM 5/27/2009, Anne Forbes wrote:
>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: <mailto:jworden at swwalaw.com>John Worden
>To: <mailto:masshistpres at cs.umb.edu>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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Pauline Chase-Harrell, President
Boston Affiliates, Inc.
156 Milk Street
Boston, MA 02109
617-451-9450
(f)617-451-6475
BostonAffiliates at verizon.net
(c)617-909-3016
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