[MassHistPres] S1428/H4331 Historic Commissions

[Dennis De Witt]

Please see below for some initial questions.  I expect there are others.  

Note there are some interesting provisions in the bill —e.g. requiring applicants to pay for experts when needed (although I wonder how often that is) and the potential huge increase in fines and penalties for illegal demolition (as long as they do not terrify homeowners who are considering the possibility of becoming part of an LHD).

Dennis De Witt
Brookline

> On Jun 14, 2025, at 11:50 AM, Russel Feldman via MassHistPres <masshistpres at cs.umb.edu> wrote:
> 
> Dear Local Historic Commissioners and Preservation Advocates,
> I have been somewhat dismayed at the recent emails about Senate Bill 1428 and its House companion H4331.  This bill was drafted after several years of work by preservation professionals (including myself) for the Massachusetts Chapter of the American Institute of Architects.  Our intent was to provide a toolkit of best practices for local historic commissions and historic district commissions that have been successfully employed by preservationists around the country.  We are not attempting any end-run around existing regulations.
> The AIA commissioned a survey of historic commissions' experience in states around the country.
And how much from Massachusetts?  It would be interesting to see the results.  What about Historic District Commissions, which often are not the same as Historic Commissions?
>   We met with representatives of Preservation Massachusetts,
It will be interesting to know when Preservation Mass became aware of the provisions of this bill?
> the MHC
To the best of my knowledge the Massachusetts Historical Commission was for the first time made aware of the existence of this bill, but not of its provisions, at its monthly meeting last Wednesday.
> , several
How many?
> directors
“Directors?"  what does that mean
> of local historic commissions
Which ones?
> , and practicing professionals.  This bill is a result of that.  It is not an attempt to create loopholes or supplant any existing tools employed by our local historic commissions.  
> We want to be sure that everyone concerned with preservation is fully informed about what this bill would do - and what it wouldn't do.
> It does not supersede any existing LHC authority.
Does the above statement mean that an LHC (or LHDC) that presently oversees a Demolition Delay bylaw can continue to do so without having to adopt the terms of this legislation, given that it does not seem to provide for the possibility of adopting various successful provisions of some existing Demolition Delay laws — such as, for instance to name just two, Demolition by Neglect or Required Marketing of a threatened property at a fair market price?
> It does not mandate any action by any municipality or its historic commissions.
Is that true?  Would the present demolition delay and LHD laws be grandfathered? I don’t recall seeing a provision for that.
> It does not restrict local district commissions' authority to prevent demolition. 
Really?  Why then a provision for demolition delay within an LHD?  At present it is quite clear that an LHD Commission can prevent any demolition and thus there is no need for adding a demolition delay provision to 40c.  Whether intended or not, isn’t this in effect a 40c Poison Pill that would allow developers to tear down at will, after a 24 month delay?
>  
> I attach here some material that can assist anyone interested in evaluating the proposal.  This file includes:
> AIA MA's letter to the chairs of the Joint Legislative Committee on Municipalities and Regional Government in support of the proposal.
> AIA MA's memo providing a section-by-section summary of what the bill contains.
> A one-page briefing paper on the bill.
> The bill itself.  S1428 (included here) is identical to H4331.
> A redlined version of the bill, which includes the proposal's specific changes to all existing statutes.   
> 
> If anyone has trouble downloading the attachment, please let me know at rfeldman at tbaarchitects.com <mailto:rfeldman at tbaarchitects.com>.  I can send it to you directly.  If anyone is interested, I can also send a slide deck summarizing the best practices survey mentioned above.
>  
> We're pleased to see so much interest in the bill, and would welcome an opportunity to review it with those who wish to do so.  Much of this language is arcane - I urge anyone who is concerned about this bill's impact to read the material carefully.  We think we've crossed the T's and dotted the I's but mistakes can happen.  We would be particularly interested in learning of any unintended consequences described in some of the recent emails.  If you see a problem with the bill's specific language, please let me know so we can amend the proposal to avoid doing so. 
> 
> If there's sufficient interest, AIA MA could schedule a virtual meeting to brief attendees on the bill and discuss concerns and additional ideas.  If you'd like to participate, please contact AIA MA's Executive Director John Nunnari at jnunnari at architects.org <mailto:jnunnari at architects.org> so he can schedule the meeting.
> 
> Thanks for your consideration,
> Russel Feldman
> 
> Russel Feldman, AIA | Principal Emeritus | TBA Architects, Inc. 
>  
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