[MassHistPres] Historic application 60-day window for decision

[Barbara Kurze]

Hello,

Most of us working for the City of Newton are doing so remotely and our public meetings are going to be run fully remote.

Per our Law Department, we are still operating with the requirement to act on applications within the 60-days but we can extend the period IF we get an email from the applicant stating that they are agreeing to continue the review to a future regularly scheduled meeting. Our process used to be that the applicant would sign an agreement at the meeting or have the application denied.

Barbara Kurze
Senior Preservation Planner

I will be working remotely and City Hall is closed to the public, so please send all correspondence and applications via email. Email: bkurze at newtonma.gov


________________________________
From: MassHistPres <masshistpres-bounces at cs.umb.edu> on behalf of Skelly, Christopher (SEC) <christopher.skelly at state.ma.us>
Sent: Tuesday, March 17, 2020 10:13 AM
To: masshistpres at cs.umb.edu <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] Historic application 60-day window for decision


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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/<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.mma.org%2Fgov-signs-order-suspending-parts-of-open-meeting-law-to-enable-local-decision-making-during-covid-19-emergency%2F&data=02%7C01%7Cbkurze%40newtonma.gov%7Cb9db88c8d8bb487b5e9708d7ca7db51f%7C2a3929e0ccb54fb381402e2562c90e96%7C0%7C0%7C637200513577250559&sdata=kerLWDIJxSl4Ns67510VAVmvXayp%2BnS04A2FTCQjhN8%3D&reserved=0>

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



When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential.
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