[MassHistPres] Historic application 60-day window for decision

[Dennis De Witt]

Brookline’s Select Board had a similar meeting yesterday using an online app for those who wanted to ask questions, with it also being simulcast on Utube.  Unfortunately the app has a beep to signal when anyone enters or leaves the conversation.  With many people in town signing in to the app, they then would get frustrated with the continuous beeping that made the audio often unintelligible, and would exit — thus adding still more beeps.

Perhaps legally functional but technically a fiasco.

It might be possible to review the application very closely and reject it as incomplete, if anything at all is amiss.  Brookline’s R&R’s do include a provision allowing the commission to reject applications it deems incomplete, regardless of staff’s initial determination.  

Obviously, an amicable delay is preferable and in my experience here almost invariably is agreed to.

Dennis De Witt
Brookline


> On Mar 17, 2020, at 10:43 AM, Gretchen Schuler <ggschuler126 at gmail.com> wrote:
> 
> Our town has a plan to attend to necessary time sensitive meetings.  They will be held in a large room with board spaced apart and remote participation by applicant and public - these meetings have to be specially scheduled with Town Admin office and if any board member feels better for them not to attend they too can attend remotely.  Last night the BOS met this way to postpone date of elections and ATM and several of us called in (with no problem) to comment or query their comments in discussion.  They voted and it all worked.  Remember,  that decisions on applications also have to clocked into Town Clerk office so hopefully the TC will be available for that when necessary. 
> Gretchen Schuler
> Wayland Historic District Commission
> 
> 
> On Tue, Mar 17, 2020 at 10:15 AM Skelly, Christopher (SEC) <christopher.skelly at state.ma.us <mailto: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/ <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 <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>
> 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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