[MassHistPres] Certificate of Non Applicability Question

Fri Mar 4 08:40:16 EST 2011

In Salem, we only issue Certificates for exterior work.  Some interior
work may effect the exterior, such as installing new vents, the exterior
portion of which would require a Certificate. 

Several years ago, the Commission voted to give me authority to issue
Certificates in the following situations:

*	For a Certificate of Non-applicability application that I feel
is indeed non-applicable (95% of them), I send the Salem Historical
Commission members an email letting them know that I will be issuing a
certificate.  If any one of the members disagrees with the issuance, it
is placed on the next Commission agenda (rarely happens).... if there
are no objections within 24 hours from my initial email, I proceed with
issuing the Certificate.
*	For a Certificate of Appropriateness application to change any
color asphalt roof with a black or charcoal grey (3-tab) asphalt roof, I
follow the same process as above.

-Jane

Jane A. Guy
Assistant Community Development Director
City of Salem
Department of Planning & Community Development
120 Washington St., 3rd Floor
Salem, MA  01970
978-619-5685
(F) 978-740-0404
jguy at salem.com
www.salem.com

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Date: Wed, 23 Feb 2011 19:44:19 -0500 (EST)
From: rhayw12345 at aol.com
Subject: [MassHistPres] Certificate of Non Applicability Question

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.

>From my review of our bylaw and the state's interpretation with 40C,
they appear to be contradictory. I would like to get other local
historic district commissioner's opinions on the matter of how they
handle applications of non-applicability, as well as whose law trumps
the other. It appears the city has narrowed its view only during
relevant work, but shouldn't all non-relevant work be considered
non-applicable and get a certificate? This whole issue rises out of
due-diligence of wanting to ensure the commission follows proper
procedure.

Let me know! If you need additional information to gauge the situation,
please let me know! I'll be happy to share what I can!

Please feel free to contact me on or off the Massserv list!

Ryan Hayward
Medford Historic District Commission

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