[MassHistPres] Developer using 40B to advance development in LHD

[Ward Hamilton]

Sarah, Grayce, and others:

The building (12-16 Essex Street) is in a 40C local historic district.  It
already went before the local historic district in the fall of 2019. At
their Jan 2020 meeting, they voted unanimously to reject the plan as the
proposed development was incongruous with the LHD.  The developer is now
making a 40B application to the Zoning Board of Appeals.

My understanding is that this circumvents the HDC and planning board and
brushes aside variances and other requirements.  However, I have heard that
the ZBA should still be seeking input from the HDC, planning board, et al,
before the hearing.  Further, the ZBA can discuss design plans (the reason
the HDC rejected the project) especially given that no such dialogue has
ever taken place.



Ward Hamilton
Chairman
Melrose Historical Commission


On Tue, Jan 19, 2021 at 6:14 PM Ward Hamilton <melrosehistcomm at gmail.com>
wrote:

> In 2019, the Melrose Historical Commission led a coalition of concerned
> residents that opposed the demolition of the oldest commercial building
> (ca. 1875) in the downtown local historic district. The Historic District
> Commission unanimously rejected the application and all was well for the
> moment.
>
> Since then, the developer has filed a 40B application and has a hearing
> before the Melrose zoning board of appeals next Wednesday night, January
> 27th.  What can be done at this point? Anything? I'm guessing that they
> still need to acquire permission from the ZBA for certain variances, is
> that the only bargaining chip left?
>
> The mayor, city planner and city councilor (whose ward this is in) all
> support the project.  So there's no support to be found there.
>
>
>
> Ward Hamilton
> Chairman
> Melrose Historical Commission
>
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