[MassHistPres] 40B in 40C local historic districts

[Judy Markland]

Michaela,
Even thought this is a 40B, you should be able to fight the demolition of 
the buildings.

If the buildings are in a 40C district, then I assume that they're listed 
on the Federal and State Register of Historic Places.  Under state law, any 
project that requires funding, licenses, or permits from any state agency 
must be reviewed by Mass Historical Commission, which must indicate that 
there is no "adverse impact" on historic resources from the project before 
it can proceed.   If federal financing subsidies are involved, there is 
also a federal review. See 
http://www.sec.state.ma.us/mhc/mhcrevcom/revcomidx.htm.

It's pretty hard to argue that demolition isn't an adverse impact.  MHC 
will likely try to find some form of compromise that allows the project to 
go forward, such as incorporating the existing buildings into the project.

Also, the 40B guidelines mandate that "sustainable development principles" 
be used for the project. 
http://www.mass.gov/Ehed/docs/dhcd/legal/lipguidelines.doc  The first of 
these principles is [emphasis mine]
1. Concentrate Development and Mix Uses.
Support the revitalization of city and town centers and neighborhoods by 
promoting development that is compact, conserves land, protects historic 
resources, and integrates uses. Encourage remediation and reuse of existing 
sites, structures, and infrastructure rather than new construction in 
undeveloped areas. Create pedestrian friendly districts and neighborhoods 
that mix commercial, civic, cultural, educational, and recreational 
activities with open spaces and homes.
Another principle is efficient use of resources.  Saving existing older 
buildings is one of the greenest things that can be done.  See 
http://www.preservationnation.org/magazine/2008/january-february/

My suggestion is that you write to MHC alerting them of the project and 
giving them all the info that you can gather about the significance of the 
buildings.  Send copies to DHCD and your state legislators, so that they 
are aware of the issue.  Also write to MassHousing or whatever agency will 
be asked to grant the certificate of eligibility for the project, 
indicating that you feel that the project is not eligible because it 
doesn't satisfy the sustainable development principles.  Copy DHCD and your 
legislators on that letter too.

Judy Markland








At 10:12 AM 1/14/2010, michaelamoran1 wrote:
>Our Local Historic District is facing the prospect of the demolition of a 
>shingle style home (the only example in town) and out buildings- including 
>a barn which was previously associated with a federal home on a 
>neighboring parcel.
>
>Could anyone provide examples of any 40B projects in a Chapter 40C 
>district where the proponent demolished existing historic buildings? Or 
>have the only 40Bs in Chapter 40C projects been constructed on bare 
>parcels? Actually any example of 40B construction in a 40C district might 
>be helpful.
>
>I have heard that in the case of 40B construction local historic districts 
>have been considered to be local zoning and thus not relevant. Is there 
>any merit to the argument that the underlying legislation for both 40B 
>construction projects and 40C local historic districts is upon equal 
>footing since both stem from state legislation?
>
>Michaela Moran,
>Chairperson
>Acton Historic District Commission
>
>
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