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

[mhl at marthalyon.com]

Given the confusion over 40B and its potential impact on historic structures, it would be very helpful to have a seminar/webinar around the topic, directed at historical commissions.  What would be the appropriate entity to organize/host this?

Martha H. Lyon, ASLA, CLARB
Martha Lyon Landscape Architecture, LLC
313 Elm Street
Northampton, MA 01060
413-586-4178 (p)
413-695-2531 (m)
www.marthalyon.com

All things excellent are as difficult as they are rare.

-----Original Message-----
From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Dennis De Witt
Sent: Monday, March 1, 2021 12:57 PM
To: MHC MHC listserve <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] Can a preservation easement restriction stop a 40B development?

As have had it explained to me, a preservation restriction is “real property” and cannot be trumped by a 40B.

Dennis DeWitt
Brookline

> On Feb 28, 2021, at 8:36 AM, Ward Hamilton <melrosehistcomm at gmail.com> wrote:
> 
> 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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