[MassHistPres] Land transfer out of Historic District

[Skelly, Christopher (SEC)]

Tom, I would agree with Ralph here.  As the subdivision of land is, by itself, an invisible line, it is not a change to an "exterior architectural feature."  Therefore, the Historic District Commission has no review over the change in a property line.


You mentioned the land transferring out of the local historic district.  It still would remain part of the LHD.


If the transferred portion is currently within your LHD boundary, that part would remain within the LHD whether it is now part of a larger parcel outside the district.


Chris Skelly

Director of Local Government Programs
Massachusetts Historical Commission
Christopher.Skelly at state.ma.us<https://owa.sec.state.ma.us/OWA/redir.aspx?C=38937adc663d493e9132c4f21f50a281&URL=mailto%3aChristopher.Skelly%40state.ma.us>




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From: MassHistPres <masshistpres-bounces at cs.umb.edu> on behalf of Ralph Slate <slater at alum.rpi.edu>
Sent: Monday, November 16, 2020 11:41 AM
To: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Land transfer out of Historic District

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Hi Tom --

MGL 40c also says:

"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."

Your LHD map should have lines drawn on it. Anything within the district is controlled *with respect to buildings or structures*. Anything outside the district is not controlled.

I don't see anything in MGL 40c that allows a commission to weigh in on the subdivision of land, even if it is for "preventing developments incongruous etc.", provided that the development takes place *outside* the district. The commission would still control the portion of the combined lot that lies *within* the LHD though. And of course, the commission cannot control things outside of the district - if someone wants to build a convenience store/gas station on the lot next to the district, even though this would change the character of the district, if zoning permits it, the commission cannot control it.

Ralph Slate
Springfield, MA



On 11/16/2020 11:18 AM, THOMAS KRAUS wrote:
A developer is about to purchase a home in our Historic District and it associated lot behind this home..  Presently most of this small lot is grass covered and part of the HD home’s backyard.

The developer intends to transfer land from the lot with the home in the HD to the lot behind  so he can construct a duplex on this lot which is too small by itself to support a duplex.

Needless to say, the large duplex in close proximity would completely change the character of the Historic District in general and eliminate most of the HD home’s backyard.

Does a Historic District have the power to stop this land transfer out of the HD?  Does anyone have any experience in stopping such a transfer?

Tom Kraus
Foxborough Historic District Commission
508-479-2436






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