[MassHistPres] NR or LHD that blocked a 40B ?

Dennis De Witt djd184 at verizon.net
Sat Oct 29 12:46:28 EDT 2011


In response to my query about 40Bs being imposed on NR or LHD properties or districts, I have thus far only the three examples listed below.  Chris doesn't know of any others.  And all were realized as "Friendly 40Bs" -- however they may have begun.  

Google News reports seem to suggest the "Shovel Shop" project in North Easton might be going in that same direction.  But it is quiet about what's happening now.  Does anyone know?

Next question, are there example where LHD or NR or NRD designation seems to have been the PRIMARY element in blocking a 40B?  (Often 40B proposals raise multiple types of opposition and die from various causes.  And often they seem to be blackmail to achieve unrelated zoning relief -- such as permission for commercial development or higher density)

I'd also be interested to know if the 40B proposal that lead to the "old Kings Highway case" (which said 40Bs trump LHDs) was realized -- and, if so, was there mitigation?

Dennis De Witt


Three 40Bs imposed on NR or LHD properties 

Brookline
St. Aidens friendly 40B -- substantial town funds invested.  A town initiated and encouraged and heavily funded project done by a non-profit entity that already controlled the property -- so not sure it really counts.

Bedford Historic District.  
10 unit apartment on vacant land across street from oldest burial ground.  Realized (but not initiated?) as Friendly 40B needed CPA funds to complete.  Planning Board made HDC concerns part of requirements, which had significant effect on the design, keeping mass and height under control, Fits in reasonably well.

Weston 
Developer agreed to maintain exterior of existing house and barn and put units in each.  New construction placed at the rear of property, down a slope, so that historic viewscape was maintained.  Housing and preservation CPA $ invested in project so developer was very cooperative -- thus a de facto friendly 40B.



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