[MassHistPres] Regulations for Historic Building Markers in Historic Districts

[Jim Biancolo]

The Lenox Historical Commission is planning to  install 36 Historic
Building Markers in the Lenox Historic District and could use confirmation
on their interpretation of MGL 40c Section 8.

The specific question is:  Do section 8(b) and 8(d) allow the Historic
District Commission (HDC) to hold a public hearing to determine if Historic
Building Markers can be granted a certificate of non-applicability assuming
of course that the HDC reaches a concensus?  If yes, then abutter notices
and a review of 36 and eventually more markers can be avoided.  All players
agree the markers are desired, we have a local disagreement on the intent
of Section 8.

My interpretation is that 8(b) and 8(d) do allow the public hearing to be
held and that 8(a) does not apply since 8(d) makes it clear that 8(a), 8(b)
and 8(c) are separate requirements.

These markers are being administered by the Lenox Historical Commission and
their size, shape, and color will all be the same.  Marker contents will be
limited to Historic Name and Year Built.


I have copied parts of Section 8 below with some of my comments.



*I don't see how the "in the ordinance or by-law" requirement of 8(a)
applies based upon how 8(d) allows 8(b) to be used by itself.*

Section 8. (a) Any city or town may provide in the ordinance or by-law
establishing
a district or in any amendment thereof that the authority of the commission
shall not extend to the review of one or more of the following categories
of buildings or structures or exterior architectural features in the
historic district, and, in this event, the buildings or structures or
exterior architectural features so excluded may be constructed or altered
within the historic district without review by the commission:

*I didn't include them here but the rest of 8 (a) lists the eight
categories that don't include markers. But it seems, as I mentioned earlier
that just 8(b) can be used and the eight categories in (a) are not
relevant.*

*Read Section 8 (b) and note that 8 (b) specifically references part (a) in
such a way that to me clearly identifies (b) as not falling under the
requirements of (a).*

(b) A commission may determine from time to time after public hearing that
certain categories of exterior architectural features, colors, structures
or signs, including, without limitation, any of those enumerated under
paragraph (a), if the provisions of the ordinance or by-law do not limit
the authority of the commission with respect thereto, may be constructed or
altered without review by the commission without causing substantial
derogation from the intent and purposes of this chapter.

*I didn't include (c) here.  *

*(d) indicates that (b) by itself contains provisions for issuing a
certificate of nonapplicability since it finishes with (a), (b) **or **(c).*

(d) Upon request the commission shall issue a certificate of
nonapplicability with respect to construction or alteration in any category
then not subject to review by the commission in accordance with the
provisions of paragraph (a), (b) or (c).

Jim Biancolo

Lenox Historical Commission Volunteer

*Here's a link to MGL Section 8.*

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40C/Section8
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