[MassHistPres] Membership in an Historic District Commission

[Dennis De Witt]

Note that all town bylaws must be reviewed and approved by the AG before they come into effect.  I know from experience that they sometimes disapprove clauses or sections of bylaws.  (City ordinances are not subject to such review.)  So any town LHD bylaw language that might seem at variance with MGL 40c has been vetted by the AG and presumably is OK.

Dennis De Witt
Brookline


On Dec 18, 2015, at 9:44 AM, Ralph Slate <slater at alum.rpi.edu> wrote:

> As an aside, the Society for Preservation of New England Antiquities renamed itself to "Historic New England" in 2004. 
> 
> I don't think that a town could amend the enabling legislature without some kind of home rule legislation approved by the state legislature. 
> 
> It may be worth noting that in Springfield, an additional "named" position was added for the Springfield Preservation Trust. I don't think state approval was needed, but it was not relaxing a requirement, it was putting on an additional requirement, so that may be relevant.
> 
> Ralph Slate
> Springfield Historical Commission
> 
> On Fri, 18 Dec, 2015 at 9:30:41 AM, Gretchen Schuler <ggschuler at verizon.net> wrote:
>  
> To: 'Dennis De Witt'; 'Mike'
> Cc: masshistpres at cs.umb.edu
> Our town only goes through the process of requesting nominees when our architect or realtor member resigns or chooses not to run again – once recommended by the referring organizations (to which the Town Administrator on behalf of the Board of Selectmen has written a letter requesting nominees) and appointed by the BOS, their terms are renewed without reapplying to Board of Realtors or Boston Society of Architects.
>  
> Would a town be able to amend its bylaw and still be consistent with Chapter 40 C which expli! citly states that BOS shall appoint from two nominees of local AIA chapter and local board of realtors?
>  
> The study committee shall consist of not less than three nor more than seven members appointed …….. in a town by the board of selectmen, including one member from two nominees submitted by the local historical society or, in the absence thereof, by the Society for the Preservation of New England Antiquities, one member from two nominees submitted by the chapter of the American Institute of Architects covering the area, and one member from two nominees of the board of realtors, if any, covering the area.   (Emphasis added)
>  
> An hist oric district commission shall be appointed in …….. a town by the board of selectmen, in the same manner as an historic district study committee
>  
> Gretchen Schuler
> Wayland Historic District Commission
>  
> From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
> Sent: Thursday, December 17, 2015 11:01 AM
> To: Mike
> Cc: MHC MHC listserve
> Subject: Re: [MassHistPres] Membership in an Historic District Commission
>  
> I’d bet that in a majority of places with similar language the nomination part of the process is not followed, even tho there is an absolutely good faith effort to have architect and realtor representation.
>  
> It would be interesting to hear the experience of towns that actually consistently go through that nomination process for those positions every three years.
>  
> For some places perhaps a sleeping dog not needing to be disturbed?
>  
> Dennis De Witt
> Brookline
>  
>  
>  
>  
> On Dec 16, 2015, at 4:18 PM, Mike <mikepotaski at hotmail.com> wrote:
> 
> 
> Appointments were recently made to the Uxbridge Historic District Commission. The Uxbridge By-law merges parts of MGL 40C, Section 4 in a way that is not workable as as it requires nominations from the local board of realtors and American Institute of Architects local chapter. Neither exist!
>  
> My inclination is to go to Town Meeting and amend & simplify the appointments process without organizing a study committee (which section 4 seems to suggest).
>  
> Does anyone have any experience doing this?
>  
> Thanks,
>  
> Michael Potaski
> Chairman, Uxbridge Historic District Commission
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