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Mon May 18 21:24:52 EDT 2009


requires the state agency to file a Project Notice with the MHC. This 
triggers a review of the project by MHC to determine if there will be an 
"adverse effect" on the structure. If MHC finds that there will be no 
adverse effect, the agency receives a notice to proceed. If there will be an 
adverse effect MHC opens negotiations with the agency, the local Historical 
Commission, and any other private group that may have raised a question 
about the project. This process is required by MHC regulations and the 
Massachusetts Environmental Polic Act (MEPA). It also applied to any private 
property for which a Form B has been filed and is subsequently acquired by 
the state agency.

The negotiations consider impact avoidance, reduction, and mitigation. This 
can lead to re-design of the project, adaptive re-use with preservation of 
the exterior fabric, or a series of actions that the agency will take to 
mitigate the adverse impact.

In 1988 the Town of Amherst included about 26 UMass Amherst buildings in 
their municpal Inventory and filed Forms B for each. A private group, 
Preserve UMass (PUMA), and the Amherst Historical Commission were able to 
delay a $32 Million project that involved demoliton of one of these listed 
structures until UMass, the UMass Building Authority, PUMA, the Amherst 
Commission, and MHC agreed to enter into negotiations on a Memorandum of 
Agreement. This Agreement has been signed and contains significant 
obligations on the part of the University that mitigate the adverse effect, 
led to hiring a consulting firm that is preparing Form B listings of over 
100 UMass buildings that will be subject to the review process in the 
future, and installs on the campus a new historic display of the history of 
the Amherst campus.

The listed structure was one that could not be put to adaptive re-use and 
was demolished to make way for the new projects. However, the Memorandum of 
Agreement has resulted in steps that have led to a professional assessment 
of all UMass Amherst buildings 50 years of age or older and an agreed upon 
process for professional review of all future projects that may impact them. 
UMass Amherst is already filing Project Notifications for projects on or 
near these structures.

I have suggested to MHC that they organize a workshop to educate local 
Historical Commissions and state college and university administrators about 
the MEPA legislation and the MHC regulations. Members of Preserve UMass and 
the Amherst Commission would be pleased to prepare case history 
presentations for such a workshop.

Meanwhile, I recommend that local Commissions start to add qualifying state 
structures to their local Inventory and file Forms B on each. It is not 
necessary to get permission from the agency to do this and does not require 
entry into the structure. If the local Commission meets with the responsible 
agency officials in advance to persude them that listing is better than the 
confrontation we had to take at UMass Amherst it will be better for all 
concerned.

Joseph S. Larson, Corresponding Secretary
Preserve UMass
27 Arnold Road
Pelham, Massachusetts 01002-9757
http://myprofile.cos.com/larson358

----- Original Message ----- 
From: "Chris Walsh" <arcwalsh at rcn.com>
To: <masshistpres at cs.umb.edu>
Sent: Friday, May 29, 2009 8:29 AM
Subject: Re: [MassHistPres] Historic Districts & 40B Reform


> 40B is so flawed in so many ways that putting patches on it will not solve 
> this problem- however I think that if these "patches" are all that the 
> legislature has the stomach for then they should be ardently supported by 
> all groups that care about the physical fabric of our communities.
> I will bring support of #772 up to the Legislative Affairs Committee of 
> Massachusetts AIA. I hope we can agree on a letter of support.
>
> In a similar vein, the expansion of Framingham State College ( State 
> Property -thereby exempt from any local input) into a beautiful 
> neighborhood by the demolition of several really fine properties designed 
> by Architect George Marlowe(circa 1924- Marlowe designed Babson College 
> among other things.)
> The College never met with any community groups or even abutters until it 
> it was "to late" to change the plan. I _was _told that they held a 
> charrette with the students- none of whom apparently have any historic or 
> architectural background - but they neglected to invite the community to 
> participate or even comment.
> The local Historic Commission could not invoke our demolition delay by-law 
> because State properties are exempt and the MHC apparently wouldn't back 
> up the local Commission.
> My point is that there are many "loopholes" that need to be closed. This 
> link is to photos of the properties headed to the abattoir. 
> http://frambors.syslang.net/album/FSAdamsSt/
> Chris Walsh, AIA
> Chair, Framingham Historic District Commission



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