[MassHistPres] Historic Districts and Zoning
Dennis De Witt
djd184 at verizon.net
Wed Jan 14 10:26:55 EST 2015
There is a project currently under construction in Brookline’s Pill Hill LHD where the developer wanted to created two twin houses on a lot zoned for twins which could be subdivided into two. The site marks a transition between single family houses to the east and triple deckers to the west with very large stone row houses set back across the street. The Commission determined that a single twin house set back without subdividing the lots was all that was appropriate and that’s what’s being built. As it was a unique site, writing guidelines wasn’t obvious.
There is a multi-family project still in design review on larger site in a different district, with a more difficult developer, where writing set back and spacing guidelines beforehand might have been useful — if only so that the commission entered the process having a better idea of what it wanted. However, a major concern was road layout which 40c can only address indirectly if there is regrading involved. Further complicating matters was a threat to submit a 40B.
Brookline has two NCDs which differently stipulate both setback and building volume guidelines that are more restrictive than the underlying zoning, both of which the AG approved. The same could have been applied in an LHD guideline.
Dennis De Witt
Brookline
On Jan 14, 2015, at 9:45 AM, Skelly, Christopher (SEC) <christopher.skelly at state.ma.us> wrote:
> Lara, this is an interesting question and I'll be interested to hear any responses.
>
> I'm also curious how the language in MGL Chapter 40C and Concord's Special Act legislation compare and contrast in dealing with things like setbacks and zoning. MGL Chapter 40C has this language:
>
> In the case of new construction or additions to existing buildings or structures the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by applicable ordinance or by-law.
>
> Chris.
>
> Christopher C. Skelly
> Director of Local Government Programs
> Massachusetts Historical Commission
> 220 Morrissey Boulevard
> Boston, MA 02125
> Christopher.Skelly at state.ma.us
> From: masshistpres-bounces at cs.umb.edu [masshistpres-bounces at cs.umb.edu] on behalf of Lara Kritzer [lkritzer at concordma.gov]
> Sent: Tuesday, January 13, 2015 4:49 PM
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] Historic Districts and Zoning
>
> Good afternoon,
>
> Our local historic districts have recently been dealing with new development on open lots that were previously somewhat forgotten open space within out districts. This development is dramatically different from much of the existing landscape and has raised questions about whether there are ways that we can use zoning to better protect the character of our historic districts – both in the subdivision of lots and their development. I was wondering if anyone knows of any examples where separate zoning districts/overlay districts have been established to further protect local historic districts or other historic areas and any information on how well they have worked. Any suggestions or ideas would be greatly appreciated.
>
> Thank you,
>
> Lara Kritzer
> Senior Planner
> Town of Concord
> 978-318-3293
>
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