Code of Massachusetts Regulations
972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION
Title 972 CMR 1.00 - Rules Of Procedure
Section 1.04 - Conduct of Appeals

Universal Citation: 972 MA Code of Regs 972.1

Current through Register 1531, September 27, 2024

(1) General.

(a) The appeal hearings shall be conducted during a public meeting of the Commission presided over by the Chairman.

(b) The voting members of the Commission shall be those present, including pro tem members, but excluding the member whose town committee originally decided the issue being appealed. A present but non-voting member shall be included for purposes of determining a quorum.

(c) The Commission shall not be bound by the strict rules of evidence applicable to the courts of law.

(2) Order of Presentation.

(a) A clear, concise statement setting forth a description of the proposed project and identifying specific reasons and/or factors supporting the granting of a Certificate shall be made by or on behalf of the Applicant (if different from the Appellant).

(b) A clear, concise statement of the appellant's objections to the Town Committee's decision shall be made by or on behalf of the Appellant. Such statement shall include the grounds for the appeal.

(c) The Chairman of the respective town committee or his designee shall make a clear, concise statement of the basis for the decision of the Committee.

(d) Other persons may be heard by the Commission and may present testimony and evidence relevant to the appeal. The Commission may impose reasonable time limits to all debate or discussion.

(3) Decorum. All parties, counsel, witnesses and any other persons present at an appeal shall conduct themselves in a manner consistent with the standards of decorumcommonly observed in a court of law. In situations when such decorum is not observed, the Commission may take such action, as it deems necessary to ensure the just and orderly conduct of the appeal hearing.

(4) Non Appearance. If no representative appears for one or more of the involved parties in an appeal, the Commission may still carry out the appeal hearing in accordance, as nearly as possible, with the guidelines set forth in 972 CMR 1.04.

(5) Continuance of a Hearing.

(a) The Commission may, for good cause shown, postpone or continue an appeal hearing to a time within the review period designated in St. 1973, c. 470.

(b) The Commission may extend its review period for an appeal beyond 30 days if written consent is obtained from the Appellant and Applicant (if different from the Appellant).

(6) Public Record. A copy of all appeal petitions and written decisions shall be maintained as the official public record of the Commission's actions.

(7) Appeal Decision. The Commission shall render its decision in writing, stating the grounds thereof, within 30 days after the date upon which the appeal hearing was conducted. A copy of the decision shall be mailed or delivered to the Appellant, Applicant (if different from the Appellant), the Town Committee Chairperson, and the Town Clerk.

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