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

[sally milne]

Hi Ward thanks for the answers. 
    Most you probably know , Attend all the meetings with a group of your supporters , the larger the better.   We recently faced the demolition of a historic Sea Captains Home in an area that  we had been working on to preserve.  The demolition of the home would have  made room for a 7000 sq ft  Dollar General store.  Our ZBA was flooded with letters and we attended every meeting once armed with signs indicating our point of view.   We won that round.  
     In regards to 40b : In the same area mentioned above we worked to save another Historic Captains' Home that had plans for demolition to make way for a 40B Habitat for Humanity project . .  We attended every meeting  as the project worked its way through the process.We flooded social media with letters to the local  press, letters to our board of Selectmen  and facebook postings.  The project ended up morphing .The  front portion of the property with the historic home  was sold in a complicated transaction. ; and  habitat retained the land in the back to  build their six homes.   We found it helpful to hire a lawyer, though mostly not helpful to turn down 40B it was helpful to keep an eye on procedures. One mistake on procedure  in the application process can put a 40b in jeopardy.
I realize not exactly the same, but always ideas for the process have helped me. Wish you much luck
Sally Urbano
Harwich

> On Jan 21, 2021, at 11:50 AM, Russel Feldman <RFeldman at tbaarchitects.com> wrote:
> 
> TBA designed a friendly 40B in Newton, which involved moving an historic house on the same site, converting it to affordable housing, and constructing two other buildings with multiple units.  We submitted the designs for Historic Commission review and received strong support.
> We never attempted to avoid the historic review so I can't say that it was required under the statute.  The project received CPC funding and the requirement was a condition of the funding.  
> 
> Russel Feldman, AIA, NCARB | Principal Emeritus | TBA Architects, Inc.
> 
> -----Original Message-----
> From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of sally milne
> Sent: Wednesday, January 20, 2021 1:56 PM
> To: Ward Hamilton <melrosehistcomm at gmail.com>
> Cc: masshistpres at cs.umb.edu
> Subject: Re: [MassHistPres] Developer using 40B to advance development in LHD
> 
> 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
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