[MassHistPres] Public Hearing Notification Practices

[Sullivan, Charles M.]

The CHC uses the ZBA notification rule as a minimum. We'll notify others if we think they will be materially affected.

Charles Sullivan

__________________________________
Charles M. Sullivan, Executive Director
Cambridge Historical Commission
831 Massachusetts Avenue
Cambridge, Mass.  02139
617 349-4684 (direct line)
617 349-3116 (fax)

From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Susan Bragdon
Sent: Monday, June 18, 2012 7:15 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Public Hearing Notification Practices

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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