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

[Dennis De Witt]

Gretchen is correct.

The language of the second sentence in the Lenox quote comes directly from 40c.  "The concurring vote of a majority of the members of the commission shall be necessary to issue a certificate of appropriateness . . . “  

Thus the language in Brookline’s rules and regulations reads as follows to distinguish 40c  certificate votes from all other votes..

The concurring vote of a majority of the Commissioners (including voting alternates), i.e. not less than four (4), shall be necessary to issue a Certificate of Appropriateness or a Certificate of Hardship. A valid vote on all other matters shall be a simple majority of the Commissioners and voting Alternates present, as long as there is a quorum. A tie vote shall be recorded as such. In case of a tie, the motion is not approved.

Dennis De Witt



 

On Mar 5, 2014, at 10:25 PM, Gretchen Schuler <ggschuler at verizon.net> 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 OfJim 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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