[Massplanners] Properties in a Historic District

[Heidi Ricci]

We tried years ago to get a law passed requiring disclosure of the presence of wetlands and floodplains on properties when they are sold.  It never went anywhere.

Seems to me realtors have an ethical if not legal obligation to disclose factual information about properties to buyers, like the presence of floodplain or in a historic district, but clearly that doesn't always happen.  The buyer needs to have a good attorney who will identify that for them, and again the due diligence doesn't always occur there either.

Heidi

E. Heidi Ricci (she/her(s))
Director of Policy and Advocacy

Mass Audubon
208 S. Great Road, Lincoln, MA  01773
hricci at massaudubon.org<mailto:hricci at massaudubon.org> | 781-259-2172 or 781-622-8911 (cell)
massaudubon.org<http://www.massaudubon.org>





From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Duperault, Joy (DCR) via MassPlanners
Sent: Thursday, November 10, 2022 11:05 AM
To: Paige <paigeplanner at gmail.com>; Massplanners Listserv (MassPlanners at masscptc.org) <MassPlanners at masscptc.org>
Subject: Re: [Massplanners] Properties in a Historic District

This is the same situation we have when people don't know they've bought a house in the floodplain... lots of ramifications.

Joy Duperault, CFM
State NFIP Coordinator/Director, Flood Hazard Management Program
MA Dept. of Conservation & Recreation
617-626-1406 or joy.duperault at mass.gov<https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Fjoy.duperault%40mass.gov%2F&data=05%7C01%7Chricci%40massaudubon.org%7C2fa3408be24f4d5ece5708dac3359f37%7Ce0acbd14d69d4eaa8f027ecff288232f%7C0%7C0%7C638036933078530614%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=mKLMxWNi%2FZU6fTjkK5xYgEAzshyhJV2vT5npz61ZANE%3D&reserved=0>
https://www.mass.gov/guides/floodplain-management<https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.mass.gov%2Fguides%2Ffloodplain-management&data=05%7C01%7Chricci%40massaudubon.org%7C2fa3408be24f4d5ece5708dac3359f37%7Ce0acbd14d69d4eaa8f027ecff288232f%7C0%7C0%7C638036933078530614%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=qGSzIUCzsjFWPf6qJbPOi0NraJct93wRwxioaENDSho%3D&reserved=0>

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Paige via MassPlanners
Sent: Thursday, November 10, 2022 10:52 AM
To: Massplanners Listserv (MassPlanners at masscptc.org<mailto:MassPlanners at masscptc.org>) <MassPlanners at masscptc.org<mailto:MassPlanners at masscptc.org>>
Subject: [Massplanners] Properties in a Historic District

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All,

Looking to see if anyone has suggestions regarding properties in a Historic District. Basically a property in our District was sold and the owners were unaware it was in a HD. Through a series of errors, they were allowed to build a structure without review by the HD Commission.

We know the Building Dept needs to catch these things but by the time they would have gone to Building, they already owned the property in a HD. We are hoping to make sure folks are notified during the pre-sale due diligence (or to make sure out of town realtors are aware and disclose).

I have been asked to see if there are any ways to ensure folks are informed a property is in a HD up front. I know sign posting is one way but beyond that ...

Does anyone know of a way to do a single filing at the registry that would flag the properties in the HD when deed research is being done?  Any other ideas or techniques?

The other issue is making sure residents are reminded every so often. We will likely recommend the HD Commission send out an annual mailing covering the key points of being in a HD but wonder if other communities have come up against this issue and if they have any ideas or thoughts.

Thank you in advance for any advice/input.

~Paige

--



*****************************
Paige E. Duncan, AICP, Director of Land Use and Economic Development
Foxborough Town Hall, 40 South Street
Foxborough, Massachusetts 02035
Ph: 508-543-1250

pduncan at foxboroughma.gov<mailto:pduncan at foxboroughma.gov>
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