[MassHistPres] Tax Credits for projects with adverse impacts not in the application

[Ralph Slate]

The Springfield Historical Commission has supported the historic tax 
credit application of a particular hotel project in the city for a 
number of years. As each new round of credits comes up, the project 
needs an updated letter of support.

That proponent recently decided that in order to move forward, it would 
need to knock down a historic building next door to the property 
receiving tax credits for use as a parking lot for the structure 
receiving tax credits. Our city solicitor claims that this is not 
relevant to the tax credit application because the demolition is not 
included in the tax credit application (since they are not asking for 
tax credits for the demolition).

That seems like an incorrect opinion - the tax credits are going to a 
project which is now directly causing the demolition of a historic 
structure - so that demolition should be part of the overall project. 
The solicitor claims that if the Springfield Historical Commission 
withdraws its support for the project due to something not in the 
original tax credit application, this could expose the city and the 
commission to legal action by the developer.

Is there an obligation on the part of the developer to amend his 
application to include this demolition? What happens if he does not? Who 
oversees this?

Thanks,

Ralph Slate
Springfield, MA