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Massachusetts Land Use Report

Massachusetts Land Use Report

The Massachusetts Land Use Report was launched in June, 2010 by Hill Law, a firm specializing in land use and environmental law in Massachusetts. The blog reports on legal and political developments in the world of land use development, planning, and environmental protection.

 
 
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Massachusetts Historical Commission finds “adverse effect” from proposed c. 40B project on historic property in Newton

In a letter dated October 6, 2016, the Massachusetts Historical Commission determined that a proposed c. 40B project at 1615 Beacon St. in the Waban village of Newton would have an “adverse effect” on the existing historic property, the Staples-Craft Wiswall Farmhouse, which is listed on the state and National register of historic places, as well as a Local Landmark in Newton. The project as proposed would entail building a new 24 unit, three story building with underground parking adjacent to the historic farmhouse on a site of less than three quarters of an acre. The project proponents are Charles Aggouras, Amos Eisenberg and Michael Moskowitz of 1615 Beacon, LLC, who are represented by Geoff Engler of SEB, LLC.

In its determination, MHC found that the “proposed new construction size and massing is overwhelming in relation to the historic farmhouse” and “encroaches” and “detracts from its historic landscape and setting.” The letter, signed by MHC’s Executive Director Brona Simon, initiates a “consultation process” that by regulation includes a site inspection, public hearing process, and consideration of alternatives to try to mitigate the adverse impact of the proposed project. 950 CMR 71.07

Approval is also required from the local Newton Historical Commission because the site is a designated local Landmark under Newton zoning. In its initial review of the project on July 28, 2016, the Newton Historical Commission voiced its unanimous and vehement opposition to the project.

While other c. 40B projects have previously been proposed for historic sites, this is believed to be the first such instance in which the Massachusetts Historical Commission has found an adverse effect, and the first made at an early stage of the process before a comprehensive permit has even been applied for. The neighborhood group in Waban, represented by Hill Law, sought the early determination from MHC. Please check back for future posts as this unprecedented situation develops.

Erin Murphy