No subject
Mon Sep 23 19:38:04 EDT 2013
n?
Folks--
I would be grateful for help with the following scenario:
A small local historic district (let's call it Camelot LHD) has a picturesqu=
e street with a few houses on both sides that are significant to the distric=
t architecturally and historically=2E The street was part of a late 19th cen=
tury planned community=2E
One house owned by a guy named (for reasons that will become apparent) Reard=
on rests at the back of the lot with its historic front facade facing the pi=
cturesque street across a long front lawn=2E
Reardon sells his house and lot to a guy named (for reasons that will also b=
ecome apparent--I think you know where I am going with this) Frontenac, a de=
veloper=2E
Frontenac decides to split the lot in two along a dividing line that runs ac=
ross the front lawn parallel to the street and then to build a second house =
on the newly created front lot=2E Assume that under the relevant zoning byla=
w there is no question that Frontenac has the legal right to create the new =
lot and to build the proposed new house on the lot (setbacks are met, etc=2E=
) Assume also that the proposed house is (considered in a vacuum) architectu=
rally appropriate for the district=2E
But here's the rub=2E The new house will obscure a good portion of the facad=
e of the original house from view from the street and=20will disrupt the uni=
nterrupted sweep of the historic park-like lawns that run in front of severa=
l houses along the street=2E
In other words, taking all circumstances into account, permitting ANY house =
to be built on the front lot will likely significantly hurt the architectura=
l and historic character of the district=2E
My questions:
1=2E Are there any examples of LHD commissions in Massachusetts refusing to =
give a certificate of appropriateness for the building of ANY house of any k=
ind or size on a lot in such circumstances? Or in any other circumstances fo=
r that matter? If so, were they able to make the refusal "stick?"
2=2E Is there any case law on either side of the issue?
Thank you for your help=2E
David Feigenbaumunaffiliated citizen
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David,</p><p>We had exactly this situation in our Pleasant St=2E Histor=
ic District a few years ago=2E Basically, we just said no=2E The=
developer, a long time exploiter of seemingly vacant lots threated us with =
his lawyer but backed down & sold the back house to someone else, =
who developed it into two condo units, after making minor alterations which =
we approved=2E </p><p>I don't know of any decided cases on the issue, =
but perhaps Chris Skelly does=2E</p><p>John Worden<br>Arlington HDC<br><br><=
br><br>------- Original Message -------<br><strong>From :</strong> David =
Feigenbaum[mailto:david=2Efeigenbaum at gmail=2Ecom]<br><strong>Sent :</stro=
ng> 7/29/2014 1:07:10 PM<br><strong>To :</strong> masshistpres at cs=2Eumb=
=2Eedu<br><strong>Cc :</strong> <br><strong>Subject :</strong> RE: [Mas=
sHistPres] LHD commission refuses proposed new construction?<br><br></p> <di=
v dir=3D"ltr"><div class=3D"gmail_quote"><div dir=3D"ltr"><span style=3D"fon=
t-family: arial,sans-serif; font-size: 13px;">Folks--</span><div style=3D"fo=
nt-family: arial,sans-serif; font-size: 13px;"><br></div><div style=3D"font-=
family: arial,sans-serif; font-size: 13px;">
I would be grateful for help with the following scenario:<br>
<br>A small local historic district (let's call it Camelot LHD) has a pictur=
esque street with a few houses on both sides that are significant to the dis=
trict architecturally and historically=2E The street was part of a late 19th=
century planned community=2E<br>
<br>One house owned by a guy named (for reasons that will become appare=
nt) Reardon rests at the back of the lot with its historic front facade=
facing the picturesque street across a long front lawn=2E<div><br></div><di=
v>Reardon sells his house and lot to a guy named (for reasons that will=
also become apparent--I think you know where I am going with this) Fro=
ntenac, a developer=2E</div>
<div><br>Frontenac decides to split the lot in two along a dividing line tha=
t runs across the front lawn parallel to the street=20and then to build a se=
cond house on the newly created front lot=2E Assume that under the relevant =
zoning bylaw there is no question that Frontenac has the legal right to crea=
te the new lot and to build the proposed new house on the lot (setbacks are =
met, etc=2E) Assume also that the proposed house is (considered in a vacuum)=
architecturally appropriate for the district=2E<br>
<br>But here's the rub=2E The new house will obscure a good portion of the f=
acade of the original house from view from the street and will disrupt the u=
ninterrupted sweep of the historic park-like lawns that run in front of seve=
ral houses along the street=2E<br>
<br>In other words, taking all circumstances into account, permitting ANY ho=
use to be built on the front lot will likely significantly hurt the architec=
tural and historic character of the district=2E<br><br>My questions:<br>
<br>1=2E Are there any examples of LHD commissions in Massachusetts refusing=
to give a certificate of appropriateness for the building of ANY house of a=
ny kind or size on a lot in such circumstances? Or in any other circumstance=
s for that matter? If so, were they able to make the refusal "stick?"<br>
<br>2=2E Is there any case law on either side of the issue?<br></div><div><b=
r></div><div>Thank you for your help=2E</div><div><br></div><div>David Feige=
nbaum</div><div>unaffiliated citizen</div></div></div>
</div><br></div>
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