[MassHistPres] Recusing Historic Commission

Kathryn Sette capek7 at comcast.net
Wed Dec 7 15:41:00 EST 2011



Since I served on the first Eastham CPC as the representative of the Eastham Historical Commission, I wondered about conflict of interest issues, too.  As it turned out, needlessly, since I called the State about that issue and was assured that since I was sworn to ouphold the laws of the town and state and, since the state statute and town bylaw required a member to represent the Historical Commission, I was simply doing my duty when I participated in regard to applications on historical/preservation issues.  After reading both state statute and town by-law again, I would argue that it is almost implicit in the law that we be advocates for our particular group.  I even asked the EHC if they had a position rather than assuming what it would be and often they would even give it to me in writing to deliver to the CPC.  

In Eastham, the cases before the Planning Board and ZBA are usually referred to EHC for comment and, if they are abutting or involve historic properties, we offer written comment to the respective boards.   This was true in the City of Rochester, NY, when I worked as a zoning planner and staff person the the Historic Preservation Board. 



----- Original Message -----


From: "John Bruner" <jdbLO at hampshire.edu> 
To: masshistpres at cs.umb.edu 
Sent: Wednesday, December 7, 2011 3:25:41 PM 
Subject: Re: [MassHistPres] Recusing Historic Commission 

On Dec 7, 2011, at 12:00 PM, masshistpres-request at cs.umb.edu wrote: 


> 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 


The experience I have had suggests the best practice is that a member with a specific knowledge base (i.e. Open Space etc.) definitely DOES provide input on a subject. It is logical that you want someone with knowledge in the area to inform the question at hand.  What does sometimes happen is that the member may refrain from casting a VOTE if they are considered to have a conflict of interest. 



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