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

[Ward Hamilton]

They can stipulate it as a requirement, as you suggest, but the developer
can appeal it. Melrose has not achieved "safe harbor" status yet (10%
affordable housing). As a result, there's a better than 90% chance the
state will overrule the ZBA.



Ward Hamilton
Chairman
Melrose Historical Commission

On Mon, Mar 1, 2021, 3:46 PM John L. Worden <jworden at swwalaw.com> wrote:

> 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."
>
>
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>
> Ward Hamilton
> Chairman
> Melrose Historical Commission
>
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