[MassHistPres] Certificate attached to applicant or property?

[Dennis De Witt]

Re LHDs, Brookline's Rules & Regs, as reviewed and approved by town  
counsel, state:

  b) Certificates shall expire when the applicant no longer possesses  
an ownership interest in the property.  Any previously approved work  
not yet completed at the time of the sale or transfer must be  
resubmitted to the Commission for approval.

A legal question then is whether an "ownership interest" might include  
holding a conditional P&S prior to sale.  That is a common practice in  
zoning cases but I recall only one or two possible LHD cased here  
where that might have been true -- and I'm not sure of them.

As I recall re Demo Delay we were told that it could not be limited to  
the current owner.  It could only be made time limited.

Dennis De Witt



On Oct 27, 2009, at 11:00 PM, Ralph Slate wrote:

> Does anyone have any legal knowledge (as opposed to local policy) of  
> whether a granted certificate is attached to the property, or to the  
> applicant and the property?
>
> In other words, can a certificate be transferred to another party  
> along with the property? Or does it become invalid once the property  
> is transferred?
>
> Thanks,
>
> Ralph Slate
> Springfield, MA
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