[MassHistPres] Waiting periods

[Skelly, Christopher (SEC)]

Richard, Does your bylaw require waiting for the appeal period to expire before a permit can be issued?  That seems unlikely.

I don't think there is anything in MGL 40C that prevents the building inspector from issuing the permit as soon as the certificate is issued by the commission.  The applicant runs some risk of beginning the actual work only to have it appealed.  If they are comfortable that the appeal risk is minimal, it is the applicant's choice to begin.

Chris

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
Christopher.Skelly at state.ma.us<mailto:Christopher.Skelly at state.ma.us>

________________________________
From: MassHistPres [masshistpres-bounces at cs.umb.edu] on behalf of Richard Smith [rcsmitharch at verizon.net]
Sent: Thursday, November 15, 2018 10:16 AM
To: 'Mass Historic List Serve'
Cc: 'Ben Franklin'
Subject: [MassHistPres] Waiting periods

We had an application last night for roofing repairs that involved a change of materials on one pitch of a gambrel roof.  The HDC was agreeable to the change, but the applicant still faces a 20 day wait before the building permit can be issued.  We expedited a hearing because the roof is leaking and needs to be done immediately, but we appear to have no way to address the state mandated appeals period.  Is anyone aware of an emergency procedure that would allow the work to go ahead?

Richard Smith
Adams & Smith LLC
55 Thomas Road
Swampscott, MA 01907
rcsmitharch at verizon.net<mailto:rcsmitharch at verizon.net>
(617) 512-5697 cell

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