2024-01-31-HC-min - Laserfiche WebLink

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All evidence demonstrates that the architectural and historic features of the house have not been preserved. The second floor of the house was discarded during the move and clapboard, trim and windows on the first floor demolished. The Massachusetts Historical Commission agrees with that assessment. If the ZBA is in doubt about this conclusion, we recommend that an independent evaluation be carried out by a preservation expert selected with input from the Historical Commission. Because the project as executed is in clear violation of the zoning by-law and special permit, the modification of the preservation restriction requirement will not cure this defect and thus the relaxation of the dimensional controls to create the lot on which the remnant of the former Hosmer House now sits does not meet legal requirements. Imposing a restriction that future changes to the house be subject to review by the Historical Commission is an empty gesture given that the historical integrity of the house has been destroyed. The Building Commissioner has the authority to impose fines for violations of special permits under Section 9.1.5 of the zoning bylaw. We ask the ZBA to join us in requesting that substantial fines be imposed.” Motion I: Mr. Kalsow made a motion to approve the letter as amended during the January 31, 2024 HC meeting. Mr. Kelland seconded. Roll Call Vote: Ms. Bennett – Yes, Mr. Kelland – Yes, Ms. Fenollosa – Yes, Mr. Kalsow – Yes, Mr. Rotberg – Yes, Motion carried 5 to 0. Ms. Bennett suggested that the HC might appeal any unfavorable ZBA action to the Middlesex Land Court, because the Land Court has a mandatory mediation procedure among the contending municipal parties. Ms. Fenollosa advised to cc the Select Board at the bottom of this letter so that the ZBA will know that the Select Board will receive a copy of this letter. Motion II: Historical Commission 2