[MassHistPres] Historic application 60-day window for decision vs. Governor Baker order

[Sarah White]

If they don't agree to extend the deadline, the board doesn't meet, and the deadline for action passes, then it would seem that the applicant has "constructive approval" and that they can go ahead with their proposal.

A continuance is not an iron-clad approach, but it is an approach that you can try to take.


Sarah White

City Planner/Preservation Planner

City of Somerville

93 Highland Avenue

Somerville, MA 02143

swhite at somervillema.gov

617.625.6600 x2534

________________________________
From: Richard Harris <rharris at southhadleyma.gov>
Sent: Tuesday, March 17, 2020 10:22 AM
To: Sarah White <swhite at somervillema.gov>
Cc: Ralph Slate <slater at alum.rpi.edu>; masshistpres at cs.umb.edu <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] Historic application 60-day window for decision vs. Governor Baker order

But, what if an applicant does not agree to extend a deadline?

Thank you.

Richard Harris, AICP
Director of Planning & Conservation
Town of South Hadley
Room U6
413-538-5017 Ext 128
[https://docs.google.com/uc?export=download&id=1Cy_b-xbyZLoTE2sK6q2DVtWDpmwDHWct&revid=0B7xEIp7FAJzZRkhDNE9XdUxiKzV1VDJyV3pPMVZXUTNQcDA0PQ]


On Tue, Mar 17, 2020 at 10:15 AM Sarah White <swhite at somervillema.gov<mailto:swhite at somervillema.gov>> wrote:
Just like with zoning board applications, you should get a continuance from the applicant postponing their hearing to a later date. Your planning office would be familiar with the practice of continuing hearings and should be able to provide guidance and possibly a modified form for you to use. Continuances usually need to be executed through "mutual agreement" meaning that your commission needs to vote to approve the continuance request. Given the provisions provided by the governor in his emergency order, you should be able to accomplish this remotely with or without video, but at least through an audio mechanism. Again, your planning office/director should be able to help your commission set up what you need to get this done.




Sarah White

City Planner/Preservation Planner

City of Somerville

93 Highland Avenue

Somerville, MA 02143

swhite at somervillema.gov<mailto:swhite at somervillema.gov>

617.625.6600 x2534

________________________________
From: MassHistPres <masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu>> on behalf of Ralph Slate <slater at alum.rpi.edu<mailto:slater at alum.rpi.edu>>
Sent: Monday, March 16, 2020 12:04 PM
To: masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu> <masshistpres at cs.umb.edu<mailto: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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