[MassHistPres] Chapter 40C, Section 7 challenge

[Jane Loos]

For those not familiar with an historic district commission, I refer you to
40 C, Section 4, second para --- "Whenever an historic district is
established as provided in section three an historic district commission
shall be established ..."

The Town By-Law that created the Westport Historical Commission as well as
the Westport Point Historic District also established that WHC has the
powers and duties of an historic district commission.  WHC convenes all
public hearings on applications for Certificates of Appropriateness (etc)
as the Historic District Commission.


On Tue, Jan 31, 2012 at 12:54 PM, Jane Loos <jane.loos at gmail.com> 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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