[MassHistPres] Historic Districts - records retention

[Doherty, Jennifer (SEC)]

Hi all,
I replied off-list to John but others might be interested. The Secretary of State provides for Certificates of Appropriateness and other historic preservation records in this municipal records retention schedule<https://www.sec.state.ma.us/arc/arcpdf/Municipal_Retention_Schedule_20200406.pdf> (PDF), beginning on page 85. It states that COAs may be disposed of one year after the certificate lapses.
Thank you,
Jenn


Jennifer B. Doherty
Local Government Programs Coordinator
Massachusetts Historical Commission
220 Morrissey Boulevard
Boston, MA 02125-3314
Office: (617) 727-8470
Remote: (617) 807-0685
Jennifer.Doherty at sec.state.ma.us

From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Susan Fletcher
Sent: Wednesday, September 22, 2021 11:52 AM
To: Amy D. Finstein <adf9u at virginia.edu>
Cc: MHC MHC Listserve <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] Historic Districts - records retention

I would look at the public records requirements.  It has been my experience that it requires a lot more than just a 2 year retention.


On Sep 21, 2021, at 3:15 PM, Amy D. Finstein <adf9u at virginia.edu<mailto:adf9u at virginia.edu>> wrote:

I would inquire with the city's legal counsel as to the legality of this from a record-keeping perspective and as relates to maintaining records of approved changes, etc.
It seems to me that the Commission cannot fulfill its duty of stewardship and oversight if it no longer has records of past approvals/denials/similar to guide future deliberations.

Digitization might be a good solution if there is infrastructure for digital record-keeping. But I would be loath to get rid of that level of institutional records.

All best,
Amy Finstein
HDC Chair, Framingham

On Tue, Sep 21, 2021 at 2:42 PM Betty Slade <dcolebslade at aol.com<mailto:dcolebslade at aol.com>> wrote:
If it is a space issue and is legal to dispose of them then how about scanning the pages and keeping copies for the Commission and the town clerk.

Betty Slade
Westport
CPC chair

In a message dated 9/21/2021 9:21:11 AM Eastern Standard Time, jworden at swwalaw.com<mailto:jworden at swwalaw.com> writes:

This is an inquiry to historic district commissioners.  Under Ch. 40C, certificates of appropriateness, non-applicability, and hardship, as well as denials, are to be filed with the city or town clerk – the only official custodian of record for actions of the commission. In Arlington we have been filing these oddments with the  town clerk ever since the  first district was established in 1977.  In recent years, this might have resulted in ~50 pages per year.

Our new town clerk (who seems to want to change everything) proposes to dispose of all certificate more than two years old.  We are not happy about such a policy.  What is the policy in your city or town?

Thank you,

John Worden, Arlington Historic Districts

John L. Worden III, Esq.
27 Jason Street
Arlington, Massachusetts 02476

(617) 957-9195 - mobile
(617 227-1961 -  fax



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