[MassHistPres] New house lot straddles Historic District boundary

[Skelly, Christopher (SEC)]

There are some examples of a local historic district boundary cutting across a property line or even directly through an existing building.   I am not aware of any reason or precedent that would suggest the portion of the lot (or building) outside the local historic district boundary has any review by the historic district commission under MGL Chapter 40C.   It is the local historic district map that determines what is in or out of the district.   Property lines, which can and do change, are irrelevant for determining the jurisdiction of the historic district commission.  Chris.

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
Christopher.Skelly at state.ma.us<mailto:Christopher.Skelly at state.ma.us>

From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of learmackay at aol.com
Sent: Tuesday, April 19, 2016 3:28 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] New house lot straddles Historic District boundary

Hello All,

Wondering if any Historic District Commission has had the following circumstance?

We have a situation where a legally buildable size Lot, is partially in and partially out of the designated Historic District. Anyone know of a similar documented occurence and how it was handled? Anyone aware of any legal opinions known to pertain to this situation?

Cynthia Hamilton
Commissioner, Arlington

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