[MassHistPres] Hardship Applications

[Jane Guy]

Brookline asked similar questions back in August, so you may want to
check the archives to see what responses they got.  Here was my
response:

Salem guidelines state that Hardship can "only be issued when a
Certificate of Appropriateness would be denied as inappropriate and such
denial will involve a substantial hardship, financial or otherwise, to
the applicant. Approval of a Certificate of Hardship must not affect the
historic district in general, must be without substantial detriment to
the public welfare and must not cause departure from the intent and
purposes of the Historic Districts Act. The Commission will not approve
a Certificate of Hardship in instances where the hardship was
self-created (i.e. financial burden to undo work performed that had not
been approved by the Commission)."

We have an easy way of determining financial hardship.  If they claim
they cannot afford the historically appropriate work, we inform them
about the City's housing rehabilitation loan program which provides CDBG
funding for income eligible properties (therefore they would be able to
afford to do the "appropriate" work because the city will pay for it).
If they say they can't income qualify for the program....alas, there is
no financial hardship :)

Our hardship approvals tend to be mostly for handicapped access, fire
safety or public safety solutions.  I have not noticed an increase in
hardship applications.  For the last 3 years we have issued only 2 per
year.

-Jane

Jane A. Guy
Assistant Community Development Director
City of Salem
Department of Planning & Community Development
120 Washington St., 3rd Floor
Salem, MA  01970
978-619-5685
(F) 978-740-0404
jguy at salem.com
www.salem.com

Date: Sat, 28 Nov 2009 22:56:33 EST
From: Rhayw12345 at aol.com
Subject:  Hardship Applications


Dear Members,
The Medford Historic District Commission is looking for how local
Historic District Commissions handle hardship applications.
In specific:
1. How do commissions define hardship?
2. What is the typical information requested to prove a hardship for a
building?
3. How often hardship applications are granted by HDC boards.
I would appreciate to hear what you have to say.
Thank you!
Ryan Hayward



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