[MassHistPres] Neighborhood Conservation Districts (a.k.a Architectural Preservation Districts)

Dennis De Witt djd184 at verizon.net
Mon Jan 31 15:38:16 EST 2011


Charlie's input on this is much appreciated -- altho admittedly the Harvard Sq. Conservation District is a largely commercial/institutional area and Cambridge's older and more residential NCDs are overseen by separate NCD boards.

But what about other places?  It appears that Wellesley and Andover have them.  Any others?  Anyone from those places on this listserve?

Googling suggests places where they have considered and not passed -- at least thus far.   If so, it would be interesting to know why.  

Dennis De Witt




On Jan 31, 2011, at 2:50 PM, John Worden wrote:

> 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.
> To: Dennis De Witt ; MHC MHC listserve
> 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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