Historical Commission Appeals

State law (M.G.L. Chapter 40C Section 12) provides that “[a] city or town may provide in its ordinance or by-law [...] for a review procedure whereby any person aggrieved by a determination of the commission may, within twenty days after the filing of the notice of such determination with the city or town clerk, file a written request with the commission for a review by a person or persons of competence and experience in such matters, designated by the regional planning agency of which the city or town is a member. [... ] The finding of the person or persons making such review shall be filed with the city or town clerk within forty-five days after the request, and shall be binding on the applicant and the commission, unless a further appeal is sought in the superior court [...]”

Under state law, NMCOG has reviewed several appeals of Historical Commssions. The most recent review is provided below. 

Appeal of Billerica Historic District Commission Denial of Application for Talbot Dam Removal (2025)

On Monday, December 1, 2025 NMCOG conducted a public hearing in compliance with Open Meeting Law to consider the Appeal made by CRT Development Realty LLC, owner of the Talbot Mills Dam located on the Concord River upstream of the Faulkner Bridge, of the Decision of the Billerica Historic Districts Commission Decision denying its Application for Historic Districts Review for the Talbot Mills Dam Removal/ Concord River Ecological Restoration Project.  

This hearing was officially opened on Tuesday, September 16 at 6:30 PM, continued at the request of the appellant to Monday, October 20 at 6:30 PM, and then continued at the request of the Town of Billerica and agreed upon by the appellant to Monday, December 1. Public comments were accepted at the public hearing and via email through Friday, December 5, 2025. 

Documents related to this appeal may be viewed below. 

View a recording of the hearing.