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

[Gretchen Schuler]

But if you have a seven member commission and only three are present you do
not have a quorum.  Planning Boards are generally five members so in that
instance three would work which is probably the reference in 40A- but I
think that a large number of HDC bylaws call for 7 members..

Gretchen Schuler

Wayland HDC

 

 

 

From: Marisa Morra [mailto:marisa-ah at comcast.net] 
Sent: Thursday, March 06, 2014 10:18 AM
To: Gretchen Schuler
Cc: 'Jim Biancolo'; 'MA Historic Preservation'
Subject: Re: [MassHistPres] Interpretation of Historic District Commission's
(HDC) Concurring Vote

 

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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