[MassHistPres] Public transportation and HDC's

[Ann Clifford]

Good afternoon,

Where does public transportation fit into the definition of "public way" when it comes to Historic Districts? Are MBTA rail lines considered public or private? Are train cars consider a public place?

Review of a property on the railroad right of way recently came before the Concord HDC. (It was the Alcott family's first house in Concord and was used as inspiration for the family home described in the book, Little Women. The Alcotts were well-known abolitionists.) The current owner of the property in question stated that the railroad is privately owned and therefore exempt from HDC review.

To me, the spirit of the Historic Districts Act should allow for HDC review of projects open to view from public transportation. Does the letter of the Act allow for it? Consider the millions of people whose only glimpse of the town is through the window of a train. In the case of Concord, a town of several well-known abolitionists who provided refuge for people seeking freedom from their enslavers via the Underground Railroad, that view from the train is especially important.

The Purpose of the HDC in Concord, founded by Special Act, is slightly different from other HDC's in the Commonwealth:

The purpose of this Act is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of buildings, places and districts of historic or literary significance through the development and maintenance of appropriate settings for said buildings, places and districts and through the maintenance of said buildings, places and districts as sites and landmarks compatible with the literary and historic tradition of Concord.

In defining the jurisdiction of the Concord Historic District Commission Special Act uses this language:  "open to view from a public street, way or place." This differs slightly from the more specific language of MGL 40c: "open to view from a public street, public way, public park or public body of water."

Does anyone have experience with this?

Thank you so much for your help!

Sincerely,

Ann


Ann Clifford, Senior Planner
Concord Planning Division
141 Keyes Road
Concord, MA 01742
978-318-3290

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.cs.umb.edu/pipermail/masshistpres/attachments/20221220/fb16989d/attachment.html>