[MassHistPres] LHD commission refuses proposed new construction?

[David Feigenbaum]

Folks--

I would be grateful for help with the following scenario:

A small local historic district (let's call it Camelot LHD) has a
picturesque street with a few houses on both sides that are significant to
the district architecturally and historically. The street was part of a
late 19th century planned community.

One house owned by a guy named (for reasons that will become
apparent) Reardon rests at the back of the lot with its historic front
facade facing the picturesque street across a long front lawn.

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) Frontenac, a
developer.

Frontenac decides to split the lot in two along a dividing line that runs
across the front lawn parallel to the street and then to build a second
house on the newly created front lot. Assume that under the relevant zoning
bylaw 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.) Assume also that the proposed house is (considered in a vacuum)
architecturally appropriate for the district.

But here's the rub. The new house will obscure a good portion of the facade
of the original house from view from the street and will disrupt the
uninterrupted sweep of the historic park-like lawns that run in front of
several houses along the street.

In other words, taking all circumstances into account, permitting ANY house
to be built on the front lot will likely significantly hurt the
architectural and historic character of the district.

My questions:

1. Are there any examples of LHD commissions in Massachusetts refusing to
give a certificate of appropriateness for the building of ANY house of any
kind or size on a lot in such circumstances? Or in any other circumstances
for that matter? If so, were they able to make the refusal "stick?"

2. Is there any case law on either side of the issue?

Thank you for your help.

David Feigenbaum
unaffiliated citizen
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