[MassHistPres] Interpretation of Historic District Commission's (HDC) Concurring Vote

[Marisa Morra]

> FYI: This out of Chapter 40A - Majority Rules 
> 
> 5 members present - 4 to pass
> 4 members present - 3 to pass
> 3 members present - 3 to pass

Marisa Morra, Weston Historic COmm.

On Mar 5, 2014, at 10:25 PM, Gretchen Schuler wrote:

> We have always interpreted this to mean the majority of the membership.  We have seven members and if only four show up at the meeting the concurring vote must be unanimous – all four.  I am also told that if the legislation calls for seven members and only 5 o 6 have been appointed the majority of the membership is still four – it is of the possible membership.  However I am not a lawyer so cannot attest to this.  IT is just the way we do it here in Wayland.
>  
> Gretchen Schuler
> Wayland HDC
>  
> From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Jim Biancolo
> Sent: Wednesday, March 05, 2014 5:29 PM
> To: MA Historic Preservation
> Subject: [MassHistPres] Interpretation of Historic District Commission's (HDC) Concurring Vote
>  
> If an HDC has four members and three are in attendance at an HDC hearing, what constitutes a concurring vote.  I can't be sure after reading the relevant 40c section (see below extraction).
>  
> In my example, I believe three members represent a quorum.  I am not sure if a concurring vote requires all three to concur or would two concurring votes be enough?
>  
> The language indicates "a majority of the members" is necessary which would be three voting yes.  If the language stated "a majority of the quorum is necessary" or "a majority of the members present is necessary" I would be sure of the intent.
>  
> Please advise,
> Jim Biancolo
> Lenox Historical Commission volunteer.
>  
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