[MassHistPres] Appeals process in LHDs

[Diane Derby]

Hi Margaret,    Sorry for the delay.  The BallardVale Historic District Commission in Andover has an "appeal" procedure for any of our decisions that precedes any appeal to the Superior Court.  You can find it on the Andover Preservation website at...

http://www.mhl.org/historicpreservation/

In the left hand column under Navigation, click  on BallardVale Historic District.  Next scroll down to the section labeled "The Application/Review Process" and at the bottom of that section you will see a list of links.  Click on the one titled, "Procedure to Request Review of Decision".  You will see that our decisions can be reviewed by the Merrimack Valley Planning Commission.  They will find a person with the appropriate expertise, who will review our decision and submit their finding, which is then binding on the Commission and applicant.  The option is then available to appeal to the Superior Court, if anyone chooses.  We have had a few requests for review go to the Merrimack Valley Planning Commission.  They have done an excellent job with their reviews and have for the most part completely upheld the decisions by the BallardVale Historic District Commission.  Rarely are these reviews and subsequent findings appealed to the Superior Court.

To the best of my knowledge, there have been no costs to the Town of Andover associated with these reviews by the Merrimack Valley Planning Commission.

Diane R Derby, Vice Chair
BallardVale Historic District Commission
Andover, MA 01810

On Sep 6, 2010, at 11:44 AM, Margaret Welch wrote:

> 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
> 
> 
> ******************************
> For administrative questions regarding this list, please contact Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO THE WHOLE LIST.
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> ********************************