Court ruling on 615 Lowell Road lot flies in face of Historic Districts Act

As former chairs of the Acton Historic Districts Commission, we — Dennis Fiori, Nea Glenn, Peter Nobile, and Luis Berrizbeitia — feel compelled to address the recent Superior Court decision concerning 615 Lowell Road. Our concern is the integrity of the commission’s review process and the statutory framework that has protected Acton’s historic character for more than six decades.

The decision rests on conclusions that, in our view, are inconsistent with both the record and the Historic Districts Act. The commission evaluated each application according to criteria established by law, including size, scale, massing, visibility from public ways, and compatibility with the surrounding historic setting. These are statutory considerations rather than matters of subjective preference. Each of the commission’s four written denials cited these criteria as the basis for its decision.

The court’s reasoning nevertheless appears to substitute its own assessment of design and site considerations for discretion entrusted to the Historic Districts Commission, gives substantial weight to advisory staff opinions that do not supersede the commission’s statutory authority, and relies on disputed recollections and isolated communications to infer bias and bad faith. The decision itself acknowledges that ultimate authority to approve the applications rested with the Historic Districts Commission.

The broader implications are substantial. If left unchallenged, the decision could constrain the commission’s lawful discretion, encourage litigation as an alternative to established public review, and weaken the town’s ability to preserve the historic character the commission was established to protect. We trust that the Select Board will give due consideration to its role in safeguarding the integrity of the institutions and statutory processes through which Acton preserves its historic character.

Luis D. Berrizbeitia

Lexington Road