[MassHistPres] Chapter 40C, Section 7 challenge

[Ellen St.Sure]

I am confused by Jan Loos's use, apparently interchangeably, of the terms Historic District Commission and Historical Commission.  The overlapping names are often confused but in my understanding these local bodies are separate entities with separate powers (or the lack of them).  Could she clarify which entity she is referring to?
	

On Jan 31, 2012, at 12:54 PM, Jane Loos wrote:

> 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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