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Fall River historical commission seeks legal opinion after map shows Rock Street lot removed from 40C district
Summary
The Fall River Historical Commission voted to request a formal opinion from the city law department after discussion over a lot-line change that appears to have removed a small parcel from the Highlands 40C local historic district without the district-notification steps required by state rules.
The Fall River Historical Commission voted Tuesday to request a formal legal opinion from the city law department after members discussed an apparent boundary change that removed a small side yard from the Highlands 40C local historic district.
Commissioners said the City’s online mapping shows the side yard of the property at 550–570 Rock Street moved into an adjacent parcel, but the record and state procedures require formal notice and a statutory process before any reduction of a 40C district.
At the meeting Jason Bouchard, presiding member, summarized the commission’s concern: the state’s Chapter 40C process requires notification of property owners and a formal public process before reducing a local historic district. “We should be getting notified first,” a commissioner said during the discussion. Commissioners noted that the city GIS now displays the lot as outside the district but that, according to the Massachusetts Historical Commission, the district boundaries have not been officially altered.
Commissioners and several nearby property owners described learning about the change only after the deed/assessment records were updated. Jason Kennedy, a nearby property owner, told the commission he and others would assert standing to oppose any improper reduction: the change “circumvented” required steps, he said in discussion.
The commission asked for legal guidance on next steps, including whether the city must “undo what they did,” how notification should have been carried out, and the possible remedies or fines if state procedures were bypassed. Members agreed the city attorney’s office should advise whether the change is valid, what notifications were required, and the commission’s enforcement options. The commission also asked staff to seek technical assistance from the Massachusetts Historical Commission if needed.
The motion — made by Rick Mancini and seconded by Ashley DeCunha — asked the law department for a formal opinion about boundary changes made within the Chapter 40C local historic-district process, any lack of notification to the local or state historical commission, and the legal ramifications. The motion passed on a roll-call vote with all members present voting yes.
Commissioners said the next steps could include inviting the property owner and the city planning/engineering staff to a special meeting and, if needed, taking the opinion to the state for final determination. Several members stressed educating the zoning board and other city departments about 40C protections so future permit decisions properly account for district review.
The commission did not decide whether to pursue enforcement or petition the state; it limited Tuesday’s formal action to seeking a written legal opinion and follow-up guidance from staff and the state historical commission.
