[MassHistPres] NCD Pro & Con?

Mon Jan 31 15:11:51 EST 2011

While it is true that each bylaw passed by a town needs the approval of
the attorney general's municipal law unit, that approval is based on
consistency with the constitution and state law.  Basicaly, if no
inconsistency is found, the bylaw is approved.  Neighborhood
Conservation Districts, like the 130 demolition delay bylaws around the
state, are established under the home rule amendment to the state
constitution of 1966.  Statewide enabling legislation or special acts
from the legislature are not necessary when such bylaws do not conflict
with the constitution or state law.   Chris.

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
220 Morrissey Boulevard
Boston, MA 02125
(617) 727-8470
Christopher.Skelly at state.ma.us

________________________________

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of John Worden
Sent: Monday, January 31, 2011 2:50 PM
To: Sullivan, Charles M.; Dennis De Witt; MHC MHC listserve
Subject: [MassHistPres] NCD Pro & Con?

With respect to the authority of a municipality to enact a NCD, note
that Cambridge, being a city, can enact ordinances without anyone's
approval and they stand unless challenged in court & overturned.  Towns,
on the other hand, must either pass a by-law, requing approval of the
attorney general, or petition the General Court for special legislation.

This distinction is a relic from the long-past, when cities were thought
to be sophisticated enough to make their own laws, whereas rural towns,
populated by unsophisticated farmers and governed by uncompensated town
meetings, needed the oversight of Big Brother.

John Worden
Arlington HDC

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	----- Original Message ----- 
	From: Sullivan, Charles M. <mailto:csullivan at cambridgema.gov>  
	To: Dennis De Witt <mailto:djd184 at verizon.net>  ; MHC MHC
listserve <mailto:masshistpres at cs.umb.edu>  
	Sent: Monday, January 31, 2011 12:37 PM
	Subject: Re: [MassHistPres] NCD Pro & Con?

	Here's the Cambridge experience.

	Does anyone have such an arrangement where the LHD commission
also acts as an NCD board -- thus having to manage, and not blur
together, two sets of rules and design guidelines? The Cambridge
Historical Commission (which is both a Ch. 40 historical commission and
a Ch. 40C historic district commission) administers the Harvard Square
Conservation District (which is an NCD with its own guidelines).

	Can NCDs prevent demolition as absolutely as LHDs? Yes, we think
so.

	Are NCDs normally established under general Home Rule powers,
not requiring recourse to the state legislature and not requiring a 2/3
vote? Yes.

	Charles Sullivan

	________________________________ 
	Charles M. Sullivan, Executive Director 
	Cambridge Historical Commission 
	831 Massachusetts Avenue 
	Cambridge, Mass.  02139 
	617 349-4684 voice, 349-3116 fax 

	-----Original Message-----
	From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
	Sent: Friday, January 28, 2011 3:45 PM
	To: MHC MHC listserve
	Subject: [MassHistPres] NCD Pro & Con?

	The idea of a Neighborhood Conservation District in a late 19th
C area to be administered by the 40c Local District Commission has been
proposed in Brookline.

	Other than Cambridge, I'm not sure who else on this listserve
has NCDs -- or both NCDs and LHDs.  

	Various questions come to mind.

	Does anyone have such an arrangement where the LHD commission
also acts as an NCD board -- thus having to manage, and not blur
together, two sets of rules and design guidelines?

	By definition, the 40c rules for appointments would have to
trump any preference for a NCD members.  With 5 LHDs to be represented
there might not be an NCD members.  Does anyone have any experience
which speaks to that issue?

	Can NCDs prevent demolition as absolutely as LHDs?

	Are NCDs normally established under general Home Rule powers,
not requiring recourse to the state legislature and not requiring a 2/3
vote?

	Any other comments pro or con would be welcomed, especially from
any places that have both NCDs and LHDs?

	Dennis De Witt

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