[MassHistPres] Possible developer threat to LHDs

[Dennis De Witt]

You should urgently be aware of S1428 a Senate bill that has been introduced in the Legislature, with an identical House counterpart (I don’t have its number).  See https://malegislature.gov/Bills/194/S1428

I have just quickly scanned it, but it seems to have at least two purposes: 

1) Create a standard MGL format for Demolition Delay bylaws that would have to be adopted under MGL40 Section 8D (Historical Commissions), rather than by home rule.  It does allow 12-24 month delays, so the devil very much may be in the details.  (And would it trump home rule by-laws?)

2) Amend MGL4Oc to Introduce a similar standardized Demolition Delay process for properties in LHDs — i.e. eliminating the ability to prevent demolition in an LHD.  

If I read (scan) this correctly, the second section may be a major 40c pro-developer loophole for which the first section may be a fig-leaf (he said, mixing his metaphors). 

It was introduced by Sen. Joanne Comerford (D), representing Hampshire, Worcester & Franklin.  I do not see any cosponsors.  

Dennis De Witt
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