[MassHistPres] Questions about individual commissioner conversations with potential COA applicants

[Dennis De Witt]

The Brookline Preservation and Neighborhood District Commissions' Rules & Regs both include the following clause:

Section 2.  Official Opinion
No Commissioner, Alternate, or staff member shall purport to express the official position or opinion of the Commission, except in accordance with a specific vote of the Commission.  Personal opinions or beliefs shall be clearly identified as such.

Dennis De Witt
Brookline

> On Feb 14, 2019, at 6:31 PM, Judy Neiswander <jneiswander at gmail.com> wrote:
> 
> The Dedham HDC offers the following assistance to COA applicants on the town's website:
> 
> The HDC strongly encourages applicants to meet with its representatives to review their project prior to submitting an Application for a Certificate of Appropriateness. The Commission will gladly offer advice to those property owners who are considering making alterations to their historic properties.  
> 
> In practice, what happens is that an individual commissioner may be contacted by a potential applicant, often a friend or neighbor, who asks for assistance with preparation of the COA application. When asked about appropriate materials, design, etc., the commissioner may offer in good faith an interpretation of the guidelines that they believe will be acceptable to the commission as a whole. When the completed application, based upon this advice, comes before the commission it can sometimes be rejected when the majority of members disagree with the interpretation, causing conflict within the commission and delays for the applicant. Have other commissions found ways of handling these requests for individual, pre-application consultation in a more standardized fashion? Is the consultation always offered by the commissioner with the most architectural expertise? Are the results of the commission's decision always sent in written form or are they sometimes shared in private conversations? Are there legal issues involved in these types of communications? 
> 
> Many thanks,
> 
> Judy Neiswander
> Commissioner
> Dedham Historic Districts Commission/Historical Commission
> _______________________________________________
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/listinfo/masshistpres

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.cs.umb.edu/pipermail/masshistpres/attachments/20190215/82ce55bc/attachment.html>