[MassHistPres] Appeals process in LHDs (Margaret Welch)

[Dennis De Witt]

Newburyport is an MGL 40c district.  I believe Marblehead is not.  It is my understanding that there is no provision in 40c for the Marblehead procedure.  Altho the 40c language refers to a "review" it is my understanding that in practice, unlike a court appeal, the "review" is a de novo process, starting from scratch as if the LHD commission had never heard the case, using the local design guidelines as interpreted by the review panel convened to hear the specific case.  The only instances with which I am familiar have involved a review panel not an individual.

This is the enabling section of 40c:
Section 12. A city or town may provide in its ordinance or by-law or in any amendment thereof, 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. If the city or town is not a member of a regional planning agency, the department of community affairs shall select the appropriate regional planning agency.

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 as provided in section twelve A.

Dennis De Witt


On Sep 6, 2010, at 7:54 PM, Pat Patrick wrote:

> Marblehead has a written procedure which includes an appeal process to the
> Board of Selectmen.
> 
> You may want to contact Tom Saltsman, Chair, Old and Historic Districts
> Commission, Marblehead.  He may be contacted through the Selectmen's Office,
> Marblehead, 781-631-0000.
> 
> James M Patrick
> OldTownRepair
> 2 Pleasant Ct., Gr. Fl. Shop
> Marblehead, MA 01945
> 781.631.5145 P
> 781.639.8024 F
> pat at oldtownrepair.com
> www.oldtownrepair.com
> 
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>   1. Appeals process in LHDs (Margaret Welch)
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> 
> Message: 1
> Date: Mon, 6 Sep 2010 08:44:51 -0700 (PDT)
> From: Margaret Welch <margwelch at prodigy.net>
> Subject: [MassHistPres] Appeals process in LHDs
> To: masshistpres at cs.umb.edu
> Message-ID: <647517.7557.qm at web80207.mail.mud.yahoo.com>
> Content-Type: text/plain; charset=us-ascii
> 
> The Newburyport Local Historic District Study Committee would like to know
> whether any Mass. LHDs have an appeals mechanism separate from proceeding to
> Superior Court.  We are concerned that city leaders will fear potential
> legal costs and would prefer another alternative.  Does any commission use
> arbitration or go to another city commission for an appeal?  Please answer
> offline if you prefer. 
> 
> Many thanks in advance,
> 
> Margaret Welch
> Secretary, Newburyport LHD Study Committee
> margwelch at prodigy.net
> 
> 
> 
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