[MassHistPres] Historic application 60-day window for decision

Skelly, Christopher (SEC) christopher.skelly at state.ma.us
Tue Mar 17 10:13:31 EDT 2020


This issue is also of concern to other local boards, such as planning boards, that must make a decision within a certain time or risk constructive approval.

There has been some relief granted to cities and towns through executive order for open meetings via remote participation.
https://www.mma.org/gov-signs-order-suspending-parts-of-open-meeting-law-to-enable-local-decision-making-during-covid-19-emergency/

I don't think there is any relief yet for an actual public hearing, where the public has a right to speak.

I have heard there is some effort to seek a temporary legislative remedy regarding constructive approvals.  I would discuss this further with your planning staff at city hall.

I would at least recommend requesting an extension in writing from applicants.

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 Ralph Slate [slater at alum.rpi.edu]
Sent: Monday, March 16, 2020 12:04 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Historic application 60-day window for decision vs. Governor Baker order

Is anyone here familiar with the interaction between MGL 40C, which specifies that an application must be acted upon within 60 days of receipt (otherwise petition is deemed approved automatically), and actions being taken by state and local governments which may not permit historical commissions from meeting?

Thanks,

Ralph Slate
Springfield, MA


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