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

[Ward Hamilton]

Part of the developers presentation included a statement from an engineer
that, among other things, it was not feasible to preserve the facade and
integrate it into the new building plan. Our efforts in 2019 to stop the
"redevelopment" were successful, but a highly contentious relationship was
an unfortunate byproduct of that victory. As a result the developer has no
interest in doing anything he doesn't want to do.

With our mayor and city planner on his side, in full support of the
project, there is no support from city hall to use as leverage. Nor is the
ZBA, managed by the City Planner's office, interested in making
preservation one of the "asks" in the process.



Ward Hamilton
Chairman
Melrose Historical Commission

On Mon, Mar 1, 2021, 8:05 PM <rcsmitharch at verizon.net> wrote:

> Could they not preserve the street façade?
>
>
>
> Richard Smith
>
> Swampscott historical Commission
>
>
>
> *From:* MassHistPres <masshistpres-bounces at cs.umb.edu> *On Behalf Of *John
> L. Worden
> *Sent:* Monday, March 1, 2021 3:46 PM
> *To:* Ward Hamilton <melrosehistcomm at gmail.com>; MHC List Serv <
> masshistpres at cs.umb.edu>
> *Subject:* Re: [MassHistPres] Can a preservation easement restriction
> stop a 40B development?
>
>
>
> 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
> <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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