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

[Ward Hamilton]

Hi Sally,

The developer absolutely IS planning to demolish the building. The fact
that it is in a 40C local historic district does not protect the building
in a 40B project. When the project was presented to the HDC a year ago it
was not a 40B project and it was rejected unanimously.

The developer has since gone through the process to revamp his plans and
make it a 40B project. The mayor, city planner and city council support it.
They will not oppose an affordable housing project (and they supported the
original plan as well).

Thank you, all, for the many responses I've received so far. A few
important questions have been raised:

• This appears to be a highly unusual situation. In fact, we have not yet
identified a comparable case. If anyone can share one it would be
appreciated;

• What happens once the building is built in the 40C LHD? Does it then fall
under the purview of the HDC? Does the owner have to make application
before any exterior changes are permitted?;

• How is this project being funded? Are there are any federal funds
involved? If so, does that trigger Section 106 review? The building is
located in an NRHP district as well; and,

• Is no building in a Massachusetts 40C LHD safe from the wrecking ball? If
an owner gets greenlit for a 40B project then what's to stop them?

Looking forward to further dialogue and input.



Ward Hamilton
Chairman
Melrose Historical Commission

On Wed, Jan 20, 2021, 4:52 PM sally milne <urbanosally at gmail.com> wrote:

> Hi.  Ward,
>    So the developer is no longer talking of demolition correct? He wants
> to use the building for affordable housing through the 40B process?   Is
> that correct?   I’d be curious. 40B overrides all the local zoning true,
> but wondering if the building is in the LHD then I assume the outside of
> the building must be maintained following the rules of the Historic
> district. Can anyone comment on that?
>
> Sally Urbano
> Harwich,Mass,
>  Individually
>
> > On 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
> > _______________________________________________
> > MassHistPres mailing list
> > MassHistPres at cs.umb.edu
> > http://mailman.cs.umb.edu/listinfo/masshistpres
>
>
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