[MassHistPres] Public Hearing Notification Practices

[Susan Bragdon]

I'm researching public hearing notification practices and have a question.
When Historic District Commissions in Massachusetts hold a public hearing
relative to an application for a certificate of appropriateness, MGL Chapter
40C, Section 11, Paragraph 3 states that the commission must notify by
mailing "to the owners of all adjoining property and other property deemed
by the commission to be materially affected.". In the past our town has
considered that to include abutters to abutters (which also happens to be
the requirement for ZBA notification under MGL Chapter 40A, Section 11,
Para. 1).  How do your towns determine who to notify? Have they adopted a
standard and is there any case law which addresses this issue?

 

-Susan Bragdon

 Past Member Marblehead OHDC & resident in Marblehead's Historic District

 

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