[MassHistPres] Public Hearing Notification Practices

[John Worden]

In Arlington, we notify only abutters unless it is  controversial or a big visual change.  Then we do about everyone within 3 or 4 abutters or (in an extreme case) everyone in the district.   This process is carried out by our executive  secretary.

John Worden
Arlington HDC

John L. Worden III, Esq.
Simonds, Winslow, Willis & Abbott, P.A.
50 Congress Street, Suite 925
Boston Massachusetts, 02109
phone  (617) 227-8662
fax        (617) 227-1961

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  ----- Original Message ----- 
  From: Susan Bragdon 
  To: masshistpres at cs.umb.edu 
  Sent: Monday, June 18, 2012 7:14 PM
  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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