[MassHistPres] Certificate of Non Applicability Question

[rhayw12345 at aol.com]

Hi Folks,

We had an issue come up and I am looking to get opinions.

The City of Medford has two local historic districts which are administered by the local Historic District Commission. We have established a working relationship with the building department, whom now contact us on a regular basis for work which goes on. All of our work in the past three plus years (within my time as a commissioner) has been in our jurisdiction per our bylaw.

Recently, we had a non-profit whom is within the district apply for an interior only work building permit. The building department mentioned they would have to go through us in regards to the work. According to our bylaw, our review is only for exterior features visible from the public right of way (see below). Because it is not under our review, does this constitute the need to issue a Certificate of Non-Applicability?

MHC's Guidebook for Historic District Commission states:

"A Certificate of Non-Applicability is for matters that are specifically excluded from review under your bylaw. Examples include interiors, exterior features not visible from public way, routine maintenance of very minor replacements of architectural features which do not involve change in material or design...."

In the end, they note:

"Some communities have delegated the issuance of a Certificate of Non Applicability to a municipal staff person."

The Historic District Commission has not formally delegated power to any Medford officer.The commission holds the power to decide if work is or is not applicable. In the past, they have turned building permit applications away which are not under their review, not issuing any certificates (a precedent I'd like to correct, if appropriate).

MHC 40C states:


Section6. Except as the ordinance or by-law may otherwise provide in accordance withsection eight or said section eight or nine, no building or structure within anhistoric district shall be constructed or altered in any way that affectsexterior architectural features unless the commission shall first have issued acertificate of appropriateness, a certificate of non-applicability or acertificate of hardship with respect to such construction or alteration.


Section 8(d):Upon request the commission shall issue a certificate of non-applicability withrespect to construction or alteration in any category then not subject toreview by the commission in accordance with the provisions of paragraph (a),(b) or (c).


Neither sections a, b, or c state we have jurisdiction over interior work, so the non-applicability would apply to interior work in a district, correct?


Local bylaw states:


Sec.48-54.  Duties and responsibilities.


Itshall be the duty and responsibility of the historic district commission to:


(1)   Issuecertificates of appropriateness, certificates of non applicability andcertificates of hardship with respect to construction or alteration ofbuildings and structures within the historic district when such construction oralteration affects exterior architectural features. Such certificates shall beissued as prescribed in M.G.L.A. c. 40C, § 6.


Interior work does not effect architectural features.