[MassHistPres] Chapter 40C, Section 7 challenge

[Jane Loos]

The Westport Point Historic District Commission (WHC) has been sued in
court challenging WHC's powers, citing Section 7, second para.
 Specifically, the suit contends that, not withstanding the list of matters
to be taken into account when passing on matters before it  (described in
the first para of Section 7),  WHC has no authority to deny an application
unless the development is incongruous to the historic aspects or the
architectural characteristics of the surroundings and of the historic
district.

The plaintiffs argue that since in the distant past (about 15 years ago)
WHC approved an ell being taller than the main house, WHC has no authority
to deny putting a taller ell on the back of another (small) building in the
district.   They claim WHC has been arbitrary and capricious in application
of its powers and its guidelines.

The plaintiffs informed WHC at its first preliminary review of their plans
that they understood that this section of 40C has never been adjudicated
and they they were interested in seeing this clarified in court.

We would be grateful for information about the experience of other
Historical Commissions on this part of 40C.

Many thanks,   Jane Loos
Secretary, WHC



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