HomeMy WebLinkAboutTOWN COUNSEL, Letter i.e. C of A'sKOPELMAN nNO PAIGE, P.c.
Boston, 021
Bo St 02110
Bo ston,
ne Leader in Municipal Law
T. 617556.0007
F: 617.654.1735
www.k- plaw.corn
July 11, 2013
George X. Pucel
gpucd@kylaw.com
(517)(154 -1718
Catherine Flanagan Stover, M.M.C., C.M.M.0
Town Clerk
Nantucket Town Hall
16 Broad Street
Nantucket, MA 02554
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Re: HDC Filings
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Dear Ms. Stover: n
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m
This is to confirm our recommended procedure for filings in your office by the **ftXMt
Historic District Commission ("HDC "). o s
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The HDC's enabling legislation provides that any parry aggrieved by a decippn afthe HDC
may appeal to the Board of Selectmen "within ten (10) days of the filing by the "Xi ofAS
certificate of determination with the Clerk of the Town of Nantucket... ". Thus, for py cEthficates of
determination which the HDC files with your office, which would include both cer(d1cates of
appropriateness or denials, I recommend that the date such certificates were received in your office
be memorialized, so that there is no confusion as to when a party's ten day appeal deadline to the
Board of Selectmen has commenced.
While the HDC also files approved meeting minutes in your office, there is no requirement
that such meeting minutes be joined by you or your staff with any certificate to which they may
relate. In fact, there is no reason for you or your staff to go through such a process as the date of
filing of the HDC's meeting minutes in your office is irrelevant for appeal purposes under the
HDC's enabling legislation. While the Board of Selectmen has a guideline that it requires meeting
minutes as part of the record on any appeal, parties may obtain copies of meeting minutes through
the Department of Planning and Land Use Services if such meeting minutes have not yet been filed
in your office.
Please let me know whether you would like clarification on any other procedural issues of
current concern relating to the HDC.
GXP /man
ce: Town Manager
47"flVN NT /0011
Very truly yours,
George X. Pd ` t
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Boston • Worcester • Northampton • Lenox