[MassHistPres] S.993: An Act Accelerating Housing Production

[Jared Eigerman]

I'm sorry to butt in, again, but here is how lawyers, and so courts, will
read Section 6 of this bill :
   1. If an application would result in the "creat[ion]" of even just one
residential unit (affordable or not) and the historic resource at issue was
built on after January 1, 1900, the commission must approve that
application, no matter what any other state or local law provides.  Full
stop.
   2. In the certificate approving an application like that, so long as the
application is for a project that is "primarily residential in nature," the
commission is forbidden to add any conditions of approval that would
"render [the] project ... unable to realize a reasonable financial return
in construction or operation of said housing."

Unless a specific agency of the state is authorized to write regulations to
flesh out this change to Chapter 40C [no mention of that in the bill], key
terms left to courts to figure out when reviewing challenged conditions of
approval include:
   A. "primarily residential in nature" [51% of square footage?]
   B."reasonable financial return" [same as "reasonable return" under
Chapter 40*B* regulations?  why not say so?]

To emphasize, these undefined terms relate to conditions of approval. The
certificate itself will have already been issued automatically, so long
only one residential unit is to be created and the historic resource at
issue was built after January 1, 1900.

- Jared Eigerman, Nbypt., Mass.

On Fri, Jun 27, 2025 at 8:22 AM Burks, Sarah via MassHistPres <
masshistpres at cs.umb.edu> wrote:

> After reading the proposed change to 40C a few times through, it looks
> like it would *require* a historic district commission to issue a
> certificate for a residential project that adds one or more housing units
> if the structure was built on or after 1/1/1900 and would not allow a
> commission to place any conditions on a certificate that would prevent a
> “reasonable financial return in construction or operation of said housing.”
>
>
>
> It’s all about profit.
>
>
>
>
>
>
> Sarah L. Burks
>
> Cambridge Historical Commission
>
> 831 Massachusetts Ave., 2nd Fl.
>
> Cambridge, MA 02139
>
> 617-349-4687
>
> sburks at cambridgema.gov
>
> www.cambridgema.gov/historic
>
>
>
> *From:* MassHistPres <masshistpres-bounces at cs.umb.edu> *On Behalf Of *Jessica
> Rudden-Dube via MassHistPres
> *Sent:* Wednesday, June 25, 2025 2:40 PM
> *To:* listserve MHC MHC <MassHistPres at cs.umb.edu>
> *Subject:* [MassHistPres] S.993: An Act Accelerating Housing Production
>
>
>
> Preservation Massachusetts is monitoring S.993
> <https://urldefense.com/v3/__http:/S.993__;!!GolgDdAAPFHvrrz0!bEDx_z53r0Vr_ps9vq3a85nbSegMYuewHp0wavVTxP8EE4KjUr-5p0cAxGDlrfW7icI6B7O8iB_NthkMdhF9AijIkYYDz10$> *An
> Act Accelerating Housing Production *which came up for a hearing today.
>
>
>
> Sections 2 and 6 reference the state register and historic districts.
>
>
>
> Written testimony can be submitted via email at meg.ribera at masenate.gov
> or at luke.oroark at mahouse.gov or physically mailed to the House Chair:
>
> Chair Richard Haggerty
> Joint Committee on Housing
> ATTN: Luke O'Roark
> 24 Beacon St. Room 146
> Boston, MA 02133
>
>
>
> *Jessica Rudden-Dube*
>
> Executive Director
>
> Preservation Massachusetts
>
> (617)723-3383 x103
>
> jruddendube at preservationmass.org
>
> www.preservationmass.org
> <https://urldefense.com/v3/__http:/www.preservationmass.org__;!!GolgDdAAPFHvrrz0!bEDx_z53r0Vr_ps9vq3a85nbSegMYuewHp0wavVTxP8EE4KjUr-5p0cAxGDlrfW7icI6B7O8iB_NthkMdhF9AijIoJKnTi0$>
>
> 6 Main Street Extension, Suite 613
>
> Plymouth, MA 02360
>
>
>
>
> _______________________________________________
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>


-- 
- Jared Eigerman
jeigerman at gmail.com
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