[MassHistPres] local CPC restrictions on preservationists

[mfenollosa]

HI --

I represent the historical commission on our CPC, and offer the following:

  With respect to Ellen's question:  the statute specifically requires 
the town to appoint a representative from the Historical Commission.  
MGL Ch. 44 B Section 5(a) says

"Section 5. (a) A city or town that accepts sections 3 to 7, inclusive, 
shall establish by ordinance or by-law a community preservation 
committee. The committee shall consist of not less than five nor more 
than nine members. The ordinance or by-law shall determine the 
composition of the committee, the length of its term and the method of 
selecting its members, whether by election or appointment or by a 
combination thereof. The committee shall include, but not be limited to, 
one member of the conservation commission established under section 8C 
of chapter 40 as designated by the commission, one member of the 
historical commission established under section 8D of said chapter 40 as 
designated by the commission, one member of the planning board 
established under section 81A of chapter 41 as designated by the board, 
one member of the board of park commissioners established under section 
2 of chapter 45 as designated by the board and one member of the housing 
authority established under section 3 of chapter 121B as designated by 
the authority, or persons, as determined by the ordinance or by-law, 
acting in the capacity of or performing like duties of the commissions, 
board or authority if they have not been established in the city or 
town. If there are no persons acting in the capacity of or performing 
like duties of any such commission, board or authority, the ordinance or 
by-law shall designate those persons. "

Under Ch. 40  section 8D, historical commissions are established "for 
the preservation, protection and development of the historical or 
archeological assets of [the] city or town" -- a much broader mandate 
than the exercise by an HDC of regulatory authority over physical 
changes to the exteriors of buildings in certain restricted areas.  So I 
think the legislature got it right when it mandated HCs, not HDCs, to 
represent historic preservation interests on the CPC.

And as to Jim's question:  our CPC specifically looks to me, as the HP 
representative, to inform them as to what is "historic", what is 
"rehabilitation", whether a proposed project complies with the 
Secretary's Standards,  whether the local HC supports the projects and 
our priorities for them (we review the list and send in our endorsement, 
especially if we think there is likely to be controversy), etc.  I 
comment on every HP project, often from a minority position; I work with 
the town's director of public buildings to help him and his staff 
understand the historical significance of the buildings in his 
stewardship prior to submitting requests to the CPC (he'd never heard of 
a historic structure report until a couple of years ago.  Now he 
requests one as part of every town project involving a historic 
building).  So I am very much involved in all the deliberations on HP 
projects, and I believe the committee wouldn't have it any other way.

best,

Marilyn Fenollosa







On 12/7/2011 1:07 PM, Ellen St. Sure wrote:
>  I do not know whether the Brewster CPC has such a non-input rule, but 
> I have another related question: the Brewster CPC requires that this 
> body include one representative from the local Historic _District_ 
> Committee – NOT from the local Historical Commission.  I think this is 
> due to some kind of misunderstanding on the part of the people who set 
> up the local CPC some years ago but the HDC requirement is clearly 
> stated on the paperwork describing the make-up of the local CPC as I 
> recently discovered when it became necessary to re-fill the "historic" 
> seat on the CPC.
> Can anyone tell me whether our CPC setter-uppers made a mistake in 
> requiring an HDC representative?   It doesn't make much sense to me 
> since it is the local Historical Commission, not the Historic District 
> Committee, that is required to "vet" historic preservation grant 
> requests--and whose voice should be heard (or not???) when the CPC 
> considers such requests.  That of course relates to Jim Hadley's 
> important question, but I hope mine can be considered alongside his: 
> should all local CPCs include one representative from the local 
> Historic District Committee or from the local Historical Commission?
>
> Ellen St. Sure, chair
> Brewster Historical Commission
>
>
>> I have recently joined the Town CPC, as a representative from the 
>> town Historical Commission. I have discovered that, unless I am 
>> misunderstanding something, the Committee has a rule limiting input 
>> from members on specific boards - i.e. as I understand the rules the 
>> open space member refrains from adding input on open space funding, 
>> same with hiscom member on preservation.
>> This seems rather counterproductive to me. I wonder of other towns 
>> operate similarly, and would appreciate hearing from anyone who can 
>> comment on this matter.
>> James W. Hadley
>> Chair, Orleans Historical Commission
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