[MassHistPres] Can a preservation easement restriction stop a 40B development?

[John L. Worden]

If your ZBA has any decency they can require some effort to preserve or move the building as a condition of granting the comprehensive permit.

John Worden
Arlington HDC

From: MassHistPres [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Ward Hamilton
Sent: Sunday, February 28, 2021 8:36 AM
To: MHC List Serv
Subject: [MassHistPres] Can a preservation easement restriction stop a 40B development?

We are learning the hard way that a 40B affordable housing project cannot be stopped in a 40C local historic district. One year after the historic district commission rejected a developer's bid to demo 12-16 Essex Street, his revamped initiative now calls for an affordable housing development. You can see the building via Google Streetview.

As a result, the single story, ca. 1875 commercial building - the oldest in downtown Melrose - will come down and a four story structure will go up. In spite of being in a 40C local historic district, the 40B development trumps all. Fortunately this appears to be a relatively rare occurrence.

The Mayor and City Planner have supported and promoted this "redevelopment" project since its inception, even after learning that this building was home to the earliest known business owned by a person of color in Melrose. They are also against a demo delay ordinance: the City is built out and development only occurs if a building is razed or repurposed.

Is no building in a Massachusetts 40C local historic district spared the wrecking ball if a developer is approved for a 40B affordable housing project? What if a preservation easement restriction existed and was attached to the deed? Would that stop 40B from moving forward? It's too late for 12-16 Essex, but we need to start looking at protecting other properties in the that could be targeted for "redevelopment."




Ward Hamilton
Chairman
Melrose Historical Commission
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