[MassHistPres] Historic application 60-day window for decision

[Richard Harris]

Chris,

That is what we are dealing with on a Definitive Plan - the deadline for a
decision had been extended to April 20th with anticipation that we could
have a hearing on March 23rd. So far, the applicant has not provided an
extension of the April 20th deadline - they are "considering" our request.
The Open Meetings Law relief provided by the EO does not see feasible or
practical. So, we are hoping that the Legislature will grant some relief.

Thank you.

*Richard Harris, AICP*
*Director of Planning & Conservation*
*Town of South Hadley*
*Room U6*
*413-538-5017 Ext 128*



On Tue, Mar 17, 2020 at 10:15 AM Skelly, Christopher (SEC) <
christopher.skelly at state.ma.us> wrote:

> 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
>
> ------------------------------
> *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
>
>
> _______________________________________________
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/listinfo/masshistpres
>

-- 
2020CENSUS.GOV <http://2020Census.gov>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.cs.umb.edu/pipermail/masshistpres/attachments/20200317/27848a93/attachment-0001.html>