Commission staff responds to appeal of 3 Elm Street decision; legal appeal filed by neighbors

Commission members discussed a recent appeal filed against the commission’s decision on the 3 Elm Street / 10 State Street project. Staff circulated a detailed report responding to the appeal and commissioners reviewed both the staff analysis and the appellant’s filing.

The staff response reiterated the commission’s record and concluded that the site is a repurposed downtown landscape rather than a designed historic open space; staff found the commission’s prior scrutiny and conditions appropriate. One commissioner praised staff for thorough, patient review and noted that the commission had requested multiple revisions from the applicant over several appearances.

Commissioners also noted the planning board had seen vocal opposition focused on project size, traffic and streetscape issues (matters that fall within planning/zoning purview). The commission’s staff report addressed the historic landscape concerns raised in the appeal and recommended no further action by the Historical Commission; commissioners were informed that the appellants had paid a filing fee and retained counsel, indicating they might pursue a de novo review in court but that the commission had not been asked to take any new votes at this meeting.

Why it matters: an appeal that proceeds to a de novo hearing could require additional staff time and legal resources and would delay project implementation; the commission has prepared a written response and will monitor any court filings or procedural developments.