[MassHistPres] Can a town circumvent the historical commission?

Ralph Slate slater at alum.rpi.edu
Wed Nov 30 21:56:47 EST 2016


I am wondering if anyone knows of any legal decisions involving Section 
9 of MGL 40C:

Nothing in this chapter shall be  ... construed to prevent the meeting 
of requirements certified by a duly authorized public officer to be 
necessary for public safety because of an unsafe or dangerous condition.

Specifically, what precisely is an "unsafe or dangerous condition"?

In Springfield, the building commissioner declared a house in a local 
historic district to be "unsafe, dangerous and a threat to public 
safety", and the city then demolished the building without filing for a 
certificate from the Springfield Historical Commission. The declaration 
was made in September, and the demolition was done today.

I can find no specific language that seems to explicitly allow such a 
circumvention of MGL 40C - it would seem that there could be several 
ways to "meet requirements", whatever they may be, because of an unsafe 
or dangerous condition (i.e. erecting a fence).

Thanks,

Ralph Slate
Springfield, MA


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