ADMINISTRATION OF YOUR LOCAL HISTORIC DISTRICT COMMISSION

The health of our historic districts depends upon the way in which we communicate with residents in the district and administer the local historic district bylaw or ordinance. We are the ambassadors of preservation in our communities and one way to be effective in making preservation a priority is to be consistent, clear, and fair in the commission’s work. One way to achieve this is to use a check-list to help the commission stay on track.

Although there may be regularly scheduled meetings, which of course must be posted at the Clerk’s Office, the process for a public hearing to address an application for a Certificate of Appropriateness or Hardship has its own set of rules that are more restrictive than those for a regular meeting in which your commission may be discussing general business. Here, we will focus on what must be done to have a successful and legal public hearing . The main factors are:

Preparedness * Cordiality * Legal Framework

The assumption is that your commission has received an application seeking either a Certificate of Appropriateness or Hardship. It is not necessary to hold a public hearing to issue a Certificate of Non-Applicability.

Before a Hearing

At least 14 days in advance of the hearing:

• Post hearing including date, time, location and subject in a public place and at the Clerk’s Office;
• Send notices of the hearing with same information to applicant and abutters*, planning board and anyone else requesting regular notices;
• Advertise hearing in the newspaper if your bylaw/ordinance requires this procedure.

* There is no definition of “abutter” in MGL Chapter 40C. To be fair be sure to send to the owners of all contiguous properties and to those across the street from the subject property. For a small district consider sending to all property owners as a form of public education.

Prepare for the meeting during the week before:

• Mail application and hearing notice to commission members;
• Gather survey form, photographs, maps and any other helpful information on file;
• Visit the property so that you understand its setting, and architectural features.

At the Hearing

• Introduce commissioners, check quorum, and determine who will vote as well as who will record the proceedings and prepare the decision.
• State the way in which you will proceed for the benefit of all – order of information, order of questions and comments. A basic order that is easy to follow is:

•  Presentation of application by petitioner

• Questions from commission members

• Questions of facts only by public

• Arguments in favor and Arguments in opposition (public comment)

• Discussion of application by the commission.

•  State all legal dates: Receipt of application, advertisement of hearing, hearing date, the date by which decision must be filed.
• Proceed in the order that you have stated, making sure to enter all information into the public record.
• Discuss application in terms of appropriateness of overall site plan, scale, massing, materials, details, etc.
• Restate the case – prepare to close hearing if all information has been given at the meeting. Vote to close the public comment part of the hearing or close the hearing. *
• Discuss the motion. Vote and record the motion including a statement of reasons for the decision. Record the vote including who voted for and against the motion.

 * Some commissions prefer to keep the hearing open only ending the public comment so that there is opportunity to add more information to the public record if something is not clear

 * In the event that the hearing must be continued to another date, be sure to select the date, time and place and vote to continue the hearing so that you can avoid re-advertising particularly if your regulation requires advertisement in the newspaper; however it is a good policy and a courtesy to at least send notice of the continued hearing to the abutters.

After the Hearing

• Record the decision on a Certificate signed and dated by chair or designee.
• File Certificate (the decision) in Clerk’s Office within 60 days of receipt of application or less according to your local bylaw/ordinance.
• Send copy of Certificate to applicant, building commissioner, and any other required recipients according to local bylaw/ordinance.
• Prepare minutes of meeting and send to commission members in preparation of next meeting.

-Gretchen G. Schuler

Gretchen serves on the Wayland Historic District Commission and is also a member of Preservation Mass’ Historic District/Historic District Commission (HD/HDC) Committee.