[MassHistPres] Possible developer threat to LHDs

[Hetty Startup]

I am wondering if a list exists of each city and town in MA and what their
demolition delay and permitting review process involves. In Amherst, we
have a 12 month delay but I have seen more extended options in other towns
and I imagine stakeholders have worked hard to create the conditions for
more oversight.
Hetty Startup
Amherst Historical Commission

On Thu, Jun 12, 2025 at 7:14 PM Eric Dray via MassHistPres <
masshistpres at cs.umb.edu> wrote:

> Hi Frank and Sarah. This bill is really bad, and kind of odd.
> On the one hand, it would extend demo delay to every town or city with an
> historical commission, which is essentially every town and city (hard to
> imagine the builder class would want that)
> But then, it also extends the demo delay policy into the chapter 40C
> process. This would mean that the ability for 40C districts to prevent
> demolition outright would be substituted with demo delay. That would be a
> terrible, frankly unthinkable, consequence for 40C districts.
> Sarah, if I’m reading this wrong, let me know. And if I’m not, we need to
> sound the alarm.
> Eric
>
> Sent from my iPhone
>
> On Jun 12, 2025, at 4:24 PM, Dennis De Witt via MassHistPres <
> masshistpres at cs.umb.edu> wrote:
>
> It was introduced in the house by Rep Amy Mah Sangiolo (D) of Newton.
>
> On Jun 12, 2025, at 10:51 AM, Sullivan, Charles M. <
> csullivan at cambridgema.gov> wrote:
>
> The House designation for this bill is HD 4331.
>
> ___________________________
> Charles Sullivan, Executive Director
> Cambridge Historical Commission
> 831 Massachusetts Avenue
> Cambridge, Mass.  02139
> 617 349-4684
>
>
> *From:* MassHistPres <masshistpres-bounces at cs.umb.edu> *On Behalf Of *Dennis
> De Witt via MassHistPres
> *Sent:* Wednesday, June 11, 2025 10:39 PM
> *To:* MHC MHC listserve <masshistpres at cs.umb.edu>
> *Subject:* [MassHistPres] Possible developer threat to LHDs
>
> 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
> <https://urldefense.com/v3/__https:/malegislature.gov/Bills/194/S1428__;!!GolgDdAAPFHvrrz0!dX4iYk9y0jhxEVc5Nb2Bid6DSlM_3a-nK8fp5kNAadkVRp3Fw2UnyN5BQTFC2JML_Nv3gqAgUdwetknPaEDDKEw0nOKW4zdk$>
>
> 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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