[MassHistPres] Possible developer threat to LHDs

[Jared Eigerman]

Thank you for alerting us.

I have no idea who or what is behind this bill, but, if passed as proposed,
this statute;
   (1) could be interpreted as "impliedly" preempting (forbidding) every
city and town from addressing historic preservation in any way whatsoever
except through (a) the state's version of demo. delay. or (b) the state's
newly limited Chapter 40C (Local Historic District) procedures, and
  (2) would make it effectively impossible for any city or town to stop the
demolition of any historic building.

Both (1) and (2) are radical changes to Massachusetts law, with, I believe,
obviously huge practical implications. No matter what evils this bill is
meant to correct, it goes way too far.

- Jared Eigerman, Newburyport

On Thu, Jun 12, 2025 at 9:08 AM Dennis De Witt via MassHistPres <
masshistpres at cs.umb.edu> wrote:

> 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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-- 
- Jared Eigerman
jeigerman at gmail.com
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