[MassHistPres] district commission membership

[Dennis De Witt]

Brian

As I assume you know, MGL 40c incorporates a mechanism for nominations  
to fill vacancies from organizations qualified to judge three types of  
professionals -- architects (with the nomination coming de facto from  
the BSA), a broker (ditto from the GBREB or a local RE board), and an  
historian (ditto either from the local historical society or SPNEA).

In addition, attorneys are mentioned as being desirable but there is  
no comparable mandate nor nominating organization requirement.

As with much legislation, there are some gaps in the language of MGL  
40c as well as other potential sources for confusion or interpretation  
in it.  In the first place, the relevant language of 40c really speaks  
to the creation of an historic district study committee and then,  
almost as an afterthought, goes on to say that the LDC shall be  
constituted in the same way.

I suspect it might be also possible to read it as saying that the  
original nominations must be made thru such a process but that  
(perhaps) if there is no "vacancy" to fill the process might be  
ignored.  For instance, an incumbent typically serves until replaced.   
Therefore,  it might be argued that the nominating process need not be  
used except in the event of a death or resignation with no other  
surviving architect on the board (taking the architect as an  
example).  I'm not saying this is a true or correct reading, but I am  
under the impression that there are some places operating under 40c  
which may act in that manner.  I suspect that an inquiry to the BSA or  
GBREB would find that some towns never ask for lists of nominees --  
notwithstanding the language of their bylaws which mostly follow that  
of 40c.

Maybe folks from various towns can respond to that point pro or con.

There are also some town by laws which can be found on line through  
cleaver googling that do not as closely follow the 40c model -- altho  
presumably they have been vetted by the AG's office, as are all town  
bylaws.  Except for Brookline, I can't cite specific locations --  
perhaps someone else can.  I seem to recall one town that required two  
nominated brokers as members and deleted one of the other professionals.

In the case of Brookline, the bylaw stipulates that with respect to  
the historian, the list of nominees shall be provided to the Selectmen  
by the Preservation Commission itself.  (More conventionally, the  
architect and broker nominees are to be submitted by the BSA and GBREB).

Apparently the non-40c examples that have been cited in Boston &  
Lowell do seem to use the nomination process.  And the MHC certainly  
does so at the beginning of each appointed term, even if the incumbent  
is reappointed.

Dennis De Witt
Brookline


On Aug 27, 2008, at 11:23 AM, blever3043 at aol.com wrote:

> Hello,
>
> I am looking for examples of membership requirements different  
> historic district commissions?have aside from the standard lawyer,  
> realtor, and architect.? I have seen some commissions have a banker  
> any other professional requirement examples out there?
>
>
> Thanks,
>
> Brian Lever
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