[MassHistPres] LHD Study Fee Levied by City?

[Jennifer Doherty]

Hi Erica,
I can't say that I've seen a fee codified in an ordinance in Massachusetts
before, although as Dennis noted some communities may have an unofficial
policy. Aside from the fee, there are several other concerning pieces of
this ordinance related to the commission's powers, funding, and review that
seem to be contrary to state law (MGL Chapter 40, Section 8d and Chapter
40C).
Thank you,
Jenn



On Thu, Jun 19, 2025 at 11:14 AM Dennis De Witt via MassHistPres <
masshistpres at cs.umb.edu> wrote:

> Hi Erica
>
> Let me start by saying I know Brookline is not Springfield — so take this
> for whatever you think it is worth.
>
> Brookline has had a general policy, not hard-wired in ordinance, that
> proponents of an LHD need to create, fund, or substantially contribute to
> the generation of a study report.  This has been true of the creation of
> six of the last seven of Brookline’s nine LHD’s — plus two efforts that
> failed.  It is consistent with a) Town Meeting’s expectation that ±80% of
> the proposed LHD’s residents should have signed onto the neighborhood’s
> petition process (with few exceptions Brookline’s LHD’s arise from a grass
> roots process) and b) the fact that there is no staff time budgeted for
> drafting study reports.  Especially, allowing for inflation over the years,
> $1,500 seems a nominal sum that would not begin to pay for a preservation
> professional drafting a report for even a small LHD.   I recall an estimate
> of ±$10,000 being quoted in a recent case.  In the event a qualified
> resident and other volunteers researched and drafted it with staff review.
>
> All that said, if an LHD is imposed on the residents, that would be a
> different story.
>
> Dennis De Witt
> Brookline
>
> On Jun 18, 2025, at 7:48 PM, Erica Swallow via MassHistPres <
> masshistpres at cs.umb.edu> wrote:
>
> Hi MHC family,
>
> I am writing from Springfield, which is in the process of rewriting its
> Historic Preservation Ordinance (attached). The Springfield Preservation
> Trust opposes a key edit, regarding petitioners for Local Historic
> Districts needing to pay a fee (minimum of $1,500) for the creation of the
> study to determine historical significance. See *§ 49-10. F. Report* in
> the attachment.
>
> We would like to understand if:
>
>    1. Your city or town levies a fee for historic studies on petitioners?
>    (If so, how much is the fee?)
>    2. Is a fee to residents for a public good legal? (Has your town or
>    city ever looked into the legality of such a fee? Especially when the
>    Commission is selecting the consultant writing the report?)
>
>
> Our perspective is that the creation of local historic districts is the
> responsibility of the municipality and residents should not have to pay for
> it. If we had residents pay for the large historic districts which
> currently exist (i.e. McKnight Historic District, which has 800+ homes),
> the cost would have been exorbitant for residents, potentially causing
> access and equity issues, as well.
>
> There are many historic neighborhoods in Springfield (i.e. Atwater Park,
> Rushville, and more) which are not Local Historic Districts. We can see
> this ordinance suggestion becoming a nightmare for historic preservation in
> Springfield. We'd like to understand if any other cities or towns in
> Massachusetts charge their residents for LHD creation studies, and if so,
> we will want to learn more about the specifics.
>
> Thank you so much for insights!
>
> Sincerely,
> Erica
>
> Erica Swallow
>
> *President*
>
> Springfield Preservation Trust
>
> president at springfieldpreservation.org
>
> (413) 314-3383
>
> springfieldpreservation.org
>
> <https://www.facebook.com/PreserveSpringfield>
>
> <https://www.instagram.com/springfieldpreservation/>
>
> <https://www.linkedin.com/in/ericaswallow/>
>
> <4_25_25 SHC DRAFT CH 49.pdf>
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-- 
Jennifer B. Doherty
Preservation Planner
Barrett Planning Group LLC
350 Lincoln Street, Ste 2503
Hingham, MA 02043
Office: (781) 934-0073
Cell: (508) 209-7443
jenn at barrettplanningllc.com
www.barrettplanningllc.com
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