[MassHistPres] Economic impact of MGL 40C infill applications

[Skelly, Christopher (SEC)]

Ralph, refer to MGL Chapter 40C-The Historic Districts Act.  Excerpts below.  
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Chapter 40C: Section 2. Purpose. 
Section 2. The purpose of this chapter is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the commonwealth and its cities and towns or their architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith.

Chapter 40C: Section 7. Factors to be considered by commission. 
Section 7. In passing upon matters before it the commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. 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. When ruling on applications for certificates of appropriateness for solar energy systems, as defined in section one A of chapter forty A, the commission shall also consider the policy of the commonwealth to encourage the use of solar energy systems and to protect solar access. The commission shall not consider interior arrangements or architectural features not subject to public view.  The commission shall not make any recommendation or requirement except for the purpose of preventing developments incongruous to the historic aspects or the architectural characteristics of the surroundings and of the historic district.
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Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
Christopher.Skelly at state.ma.us

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Ralph Slate
Sent: Sunday, January 07, 2018 12:43 PM
To: MassHistPres MA
Subject: [MassHistPres] Economic impact of MGL 40C infill applications

Can anyone tell me if historical commissions may consider the economic impact of an infill project within a historic district on the overall district? Or does that stray too much into "use of property" which may be outside the scope of a historical commission?

For example, could a commission reject an application for a business that would bring high vehicle traffic into a neighborhood on the grounds that the high vehicle traffic would negatively impact the economic viability of historic properties in the district?

Thanks,

Ralph Slate
Springfield, MA

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