reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.06 - Hearings

Current through Register 1525, July 5, 2024
(1) Hearings may be held for the following
			 reasons:
(a) In furtherance of any
			 investigation conducted by the Office pursuant to
			 970 CMR
			 3.04, and may include the taking of testimony
			 of witnesses pursuant to summonses issued under
			 970 CMR 3.05 or those
			 who are invited to testify before the Director;
(b) Upon request by any person or political
			 committee after receiving notification from the Director of his or her
			 intention to present to the attorney general evidence of any alleged violation
			 of M.G.L. c. 55 or regulations promulgated thereunder, to permit the alleged
			 violator to present evidence to the contrary, provided the request is received
			 by the Director within ten days of receipt of notification by the alleged
			 violator.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.07 - Disposition of Matters

Current through Register 1525, July 5, 2024
(1) The Director
			 may, in his or her discretion, dispose of any matter before him or her through
			 any administrative disposition. This may include, but shall not be limited to,
			 entering into Disposition Agreements with candidates, treasurers and any other
			 person or entity. If the Director requires a candidate, treasurer or any other
			 person to submit an affidavit or statement attesting to certain facts in order
			 to dispose of a matter before him or her, the affidavit or statement must be
			 signed under the pains and penalties of perjury. Affidavits may also be
			 required in matters that are ultimately referred to the Office of the Attorney
			 General.
(2)
Referral
			 to the Attorney General
. The Director may refer to the attorney
			 general evidence of any violation of M.G.L. c. 55 and any regulations
			 promulgated thereunder.
(a) Such referral may
			 not be made until the Director has notified the alleged violator, by registered
			 mail, return receipt requested, by personal delivery, by leaving a copy of the
			 notice at the person's last and usual place of residence or by delivering a
			 copy of the notice to an attorney who has appeared on behalf of the alleged
			 violator, of his intention to present such evidence to the attorney
			 general;
(b) Within ten days of
			 receipt of such notice, an alleged violator may request a hearing before the
			 Director, for the purpose of presenting any evidence to the contrary, in
			 accordance with
			 970 CMR
			 3.06(1)(b);
(c) The Director shall not refer any such
			 evidence until after the hearing, if requested, is held;
(d) Evidence shall be presented by the
			 Director to the Attorney General not later than 120 days before or three years
			 after the relevant election or, if the evidence does not relate to an
			 identifiable election, not later than three years after the
			 violation.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.08 - Delegation by the Director

Current through Register 1525, July 5, 2024
The Director may delegate any power, authority, or function
				granted to him or her by statute, rule or regulation to any employee or agent
				of the Office as he deems appropriate for the effective performance of his or
				her duties and responsibilities.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.09 - Removal of Non-filing Candidate's Name from Ballot

Current through Register 1525, July 5, 2024
The name of a candidate, who files with the Director, who fails
				to file any statement or report after the institution of civil proceedings
				under M.G.L. c. 55, § 3, paragraph eight to compel such filing shall not,
				as specified by M.G.L. c. 55, § 3, be printed on a municipal preliminary,
				state primary or general or special election ballot, unless the statement or
				report is filed pursuant to M.G.L. c. 53 or any charter or special law
				establishing such filing deadline. Civil proceedings are "instituted" for
				purposes of this requirement upon the filing of a civil action in superior
				court by the Attorney General to compel the filing of the statement or
				report.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.10 - Definition of "Relevant Election" and Limitations Period for Referrals

Current through Register 1525, July 5, 2024
M.G.L. c. 55, § 3 states that evidence of a violation of
				c. 55 may be referred to the attorney general "not later than 120 days before
				or three years after the
relevant election
or, if the
				evidence does not relate to an identifiable election, not later than three
				years after the violation." The limitation of referrals
not later
				than three years after the relevant election
means that referral
				may not take place more than three years after the election that a possible
				violation may have related to. The limitation on referrals
not
				later than 120 days before an election
means that referral may not
				take place within the 120 days prior to an upcoming election in which the
				person or entity referred has an interest, for example the upcoming election in
				which the candidate is on the ballot.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
M.G.L. c. 55C establishes expenditure limits for certain
				candidates for statewide elective office in the Commonwealth. In addition,
				M.G.L. c. 55C provides that candidates for statewide elective office who agree
				to abide by certain statutory expenditure limits and who submit qualified
				contributions in the minimum amounts established by law are eligible for
				limited public financing. M.G.L. c. 55C also regulates the distribution,
				accounting and, in certain cases, the repayment of public funds by candidates.
				970 CMR
				4.00 governs certain procedures candidates must follow
				in order to have their name appear on the ballot and that those candidates
				seeking public financing of their campaign must follow to qualify for public
				funds. In addition,
				970 CMR
				4.00 governs the procedures, recordkeeping practices
				and post election audits applicable to candidates for statewide elective
				office.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.02 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 970 CMR
			 4.00 is promulgated under authority of M.G.L. c. 55,
			 §§ 3 and 6, c. 55C, § 11 and M.G.L. c. 30A.
(2)
Amendments
.
			 970 CMR
			 4.00 may be amended at any time, and such amendments
			 shall take effect in accordance with M.G.L. c. 30A, § 6.
(3)
Submission
			 Deadlines
. Unless otherwise provided for in
			 970 CMR
			 4.00, all reports, statements or other information
			 required to be filed by candidates with the director pursuant to M.G.L. c. 55C
			 shall be filed with the Director no later than 5:00 P.M. on the date such
			 statement is due. The Director shall receive and record all submissions
			 regardless of when filed but shall not act on any submission filed after 5:00
			 P.M. unless so ordered by a court of competent jurisdiction.
(4)
Certifications
.
			 Determination and certification of a candidate's eligibility pursuant to M.G.L.
			 c. 55C, §§ 4 and 6 and determination and certification of the amount
			 of public funds to which candidates are entitled pursuant to M.G.L. c. 55C,
			 §§ 5 and 7 shall be made on or before the eighth, sixth, fourth or
			 second Tuesday before the primary election or the fourth or second Tuesday
			 before the general election based solely on information contained on statements
			 of qualifying contributions filed with the director. Candidates for governor
			 seeking public financing in the primary campaign shall file the statement on or
			 before the Friday preceding the ninth Tuesday before the primary, and other
			 candidates seeking public financing in the primary campaign shall file the
			 statement on or before the Friday preceding the eighth Tuesday before the
			 primary. Candidates for governor and lieutenant governor seeking public
			 financing in the general election campaign shall file the statement on or
			 before the Friday preceding the fifth Tuesday before the general election and
			 other candidates seeking public financing in the general election shall file
			 the statement on or before the Friday preceding the fourth Tuesday before the
			 general election. All candidates submitting additional qualifying contributions
			 for determination and certification on or before the sixth, fourth, or second
			 Tuesday before the primary, or on or before the second Tuesday before the
			 general election, shall file the statement on or before 5:00 P.M. on the Friday
			 preceding said Tuesday. The director shall receive and record all statements of
			 qualifying contributions regardless of when filed but shall not act on any such
			 statement filed after 5:00 P.M. unless so ordered by a court of competent
			 jurisdiction.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.04 - Candidate Statements to Abide by Expenditure Limits

Current through Register 1525, July 5, 2024
(1)
Statement Agreeing to
			 Statutory Expenditure Limit
. On or before the last day for filing
			 nomination papers with the state secretary pursuant to M.G.L. c. 53, every
			 candidate for statewide elective office shall file, with the director, a
			 statement on a form prepared by the director stating that the candidate does or
			 does not agree to abide by the statutory expenditure limit for the primary
			 election campaign and the general election campaign.
(2)
Statement Establishing
			 Self-imposed Expenditure Limit
. On or before the last day for
			 filing withdrawals of nominations for the state primary and on or before the
			 last day for filing withdrawals of nominations made at the state primary, every
			 non-participating candidate or candidate team opposed in the primary election
			 or the general election as the case may be by a participating candidate or
			 candidate team shall file with the director a statement establishing a
			 self-imposed expenditure limit.
(3)
Director's Review of Statements
. The director shall
			 review all statements submitted pursuant to 970 CMR 4.04(1) and (2).
(a) Statements filed, pursuant to 970 CMR
			 4.04(1), by a candidate enrolled in a party, shall be confidential until all
			 such candidates for the same office have filed their Statement on Campaign
			 Expenditure Limits (Form CPFA 20) or until the first business day after such
			 statements are due, whichever date is earlier. Such statements filed by a
			 candidate not enrolled in a party shall be confidential until all such
			 candidates for the same office have filed their statements or until the first
			 business day after such statements are due from such candidates, whichever date
			 is earlier.
(b) All statements
			 filed under 970 CMR 4.04(2) shall be confidential until all candidates for the
			 same office who are required to file Statements of Maximum Expenditures (Form
			 CPFA 21, Form CPFA 22 or Form CPFA 22T) have filed such statements, or until
			 the first business day after such statements are due, whichever date is
			 earlier.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.06 - Determination of Contributor Identity

Current through Register 1525, July 5, 2024
In determining whether the name and residential address are in
				"substantially the same form" on the documents set forth in
				970 CMR
				4.05(2) and (3), the
				following rules shall apply unless additional information submitted with the
				documents in
				970 CMR
				4.05(2) and (3) provide
				clear and convincing evidence regarding the identity of an individual
				contributor:
(1)
Amount
. The amount of the total contribution reported
			 on the statement of qualifying contributions must equal the amount of the
			 contribution check and the amount reported on the electronic report of deposit
			 for such contribution.
(2)
Initials
. A contributor's name is acceptable without a
			 middle initial such as Jane Smith instead of Jane M. Smith or with a first
			 initial and a middle name such as J. Mary Smith. A contributor's name would not
			 be acceptable with only a first initial such as D. Jones.
(3)
Titles
. The
			 following rules shall apply to the use of initials, numerals and titles in
			 determining whether a contribution shall be certified by the director:
(a) Initials or numerals at the end of a last
			 name which identify an individual such as "Jr.", "Sr.", "II", and "III" must
			 appear in a consistent manner on the documents submitted pursuant to
			 970 CMR
			 4.05(3).
(b) Titles such as "Mr.", "Ms.", "Mrs.", or
			 "Dr." and a last name only, for example Ms. Jones or Dr. Smith would not be
			 acceptable.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.07 - Candidates Eligible for Public Financing

Current through Register 1525, July 5, 2024
(1)
Eligible Primary Candidates
. A candidate shall be
			 certified as an eligible candidate for the purpose of receiving limited public
			 financing for that candidate's primary election campaign if:
(a) the state secretary has certified the
			 candidate as qualifying for the ballot and having opposition under M.G.L. c.
			 55C, § 2; and
(b) the
			 candidate has filed with the Director:
1. the
			 statement agreeing to the statutory expenditure limit;
2. the statement of qualifying contributions
			 required by
			 970 CMR
			 4.05, which the director has determined
			 includes qualifying contributions in the minimum amounts established by M.G.L.
			 c. 55C, § 4. Candidates for governor seeking public financing in the
			 primary campaign shall file the statement on or before the Friday preceding the
			 ninth Tuesday before the primary, and other candidates seeking public financing
			 in the primary campaign shall file the statement on or before the Friday
			 preceding the eighth Tuesday before the primary; and
3. the request required by 970 CMR
			 4.07(2).
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.08 - Certification of Limited Public Financing for Eligible Candidates

Current through Register 1525, July 5, 2024
(1)
Primary Election Public
			 Funding
. A candidate certified as an eligible candidate pursuant
			 to
			 970 CMR
			 4.07(1)  shall, upon filing
			 the bond required by M.G.L. c. 55C, § 8, be entitled to limited public
			 financing in the amount established by M.G.L. c. 55C, § 5.
(2) No candidate shall be entitled to receive
			 an amount of public funding for that candidate's primary election campaign in
			 an amount in excess of:
(a) the primary
			 candidate account established under M.G.L. c. 10, § 42A(a); or
(b) the maximum amounts established by M.G.L.
			 c. 55C, § 5; or
(c) the amount
			 of the bond filed pursuant to M.G.L. c. 55C, § 8.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.09 - Candidate's Bond and Distribution Limitations

Current through Register 1525, July 5, 2024
(1)
			 The bond which is filed shall:
(a) be on a
			 form approved by the director;
(b)
			 contain the notarized original signatures of the candidate, chairman and
			 treasurer of such candidate's committee and the surety;
(c) be issued by a fidelity or surety company
			 authorized or licensed to do business in Massachusetts; and
(d) if signed by an attorney-in-fact for such
			 fidelity or surety company, be accompanied by a notarized power of
			 attorney.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.11 - Expenditures Subject to Expenditure Limitations

Current through Register 1525, July 5, 2024
(1)
General
.
			 Candidates and political committees may pay and expend money or other thing of
			 value including funds received pursuant to M.G.L. c. 55C, receive in-kind
			 contributions and incur liabilities, for reasonable and necessary expenses
			 directly related to the campaign of such candidates provided such expenditures,
			 in-kind contributions and liabilities comply with M.G.L. c. 55, § 6,
			 970 CMR
			 2.06:
Expenditures by Candidates and
			 Political Committees
and
			 970 CMR
			 4.00.
(a)
Primary Election Campaign
. All expenditures made,
			 in-kind contributions received and liabilities incurred, other than liabilities
			 incurred as a result of loans made by a candidate to that candidate's committee
			 in accordance with M.G.L. c. 55, § 7, during the primary election campaign
			 whether or not such expenditures, contributions or liabilities comply with
			 M.G.L. c. 55, c. 55C, 970 CMR or any other law or regulation shall count toward
			 the campaign expenditure limit, if any, of the primary election campaign except
			 as provided in 970 CMR 4.11(2). In addition, all expenditures made, in-kind
			 contributions received or liabilities incurred, other than liabilities incurred
			 as a result of loans made by a candidate to that candidate's committee in
			 accordance with M.G.L. c. 55, § 7, prior to the primary election campaign
			 for goods or services used during the primary election campaign, shall count
			 toward such expenditure limit.
(b)
General Election Campaign
. All expenditures made,
			 in-kind contributions received and liabilities incurred, other than liabilities
			 incurred as a result of loans made by a candidate, including a candidate for
			 governor or a candidate for lieutenant governor of a candidate team to that
			 candidate's committee in accordance with M.G.L. c. 55, § 7, during the
			 general election campaign whether or not such expenditures, contributions or
			 liabilities comply with M.G.L. c. 55 and 970 CMR shall count toward the
			 campaign expenditure limit, if any, of the general election campaign of such
			 candidate or candidate team except as provided in 970 CMR 4.11(2). In addition,
			 all expenditures made, in-kind contributions received or liabilities incurred,
			 other than liabilities incurred as a result of loans made by a candidate,
			 including a candidate for governor or a candidate for lieutenant governor of a
			 candidate team, to that candidate's committee in accordance with M.G.L. c. 55,
			 § 7, prior to the general election campaign for goods or services used
			 during the general election campaign, shall count toward such expenditure
			 limit.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.12 - Recordkeeping

Current through Register 1525, July 5, 2024
Candidates and treasurers of political committees shall keep
				and preserve detailed accounts as required by M.G.L. c. 55, §§ 2 and
				5 and
				970 CMR
				1.10:
Record
				Keeping.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.13 - Post Primary and Election Reports

Current through Register 1525, July 5, 2024
(1)
			 Each candidate, including each candidate for governor of a candidate team, who
			 receives public funds pursuant to M.G.L. c. 55C in either the primary or
			 general election shall file, on a form prepared by the director, the surplus
			 balance report provided for in 970 CMR 4.13(2). In addition, each candidate,
			 including each candidate for governor and each candidate for lieutenant
			 governor of a candidate team who is subject to a campaign expenditure limit
			 shall file on a form prepared by the director the campaign expenditure report
			 provided for in 970 CMR 4.13(3).
(2)
Surplus Balance
			 Reports
. The surplus balance report required to be filed under 970
			 CMR 4.13 after the primary election campaign and after the general election
			 campaign shall disclose:
(a) the balance
			 remaining in the candidate's account as of the last day of primary or general
			 election campaign as the case may be, including but not limited to:
1. cash on hand;
2. checks received but not
			 deposited;
3. accounts
			 receivable;
4. the cost of any
			 capital goods that have a useful life of more than one year, would be
			 depreciable in a usual business environment, and have a cost or value of $1,000
			 acquired during the primary or election campaign; and
5. the balance remaining in the candidate's
			 depository account or any candidate or committee checking, savings, money
			 market or other account whether or not such account is authorized by M.G.L. c.
			 55 or 970 CMR.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 4.00 - Public Finance Regulations › Section 4.14 - Post Election Audit

Current through Register 1525, July 5, 2024
(1) The director
			 may conduct a comprehensive audit of the accounts as defined by
			 970 CMR 4.12 of all
			 candidates.
(2) Candidates and
			 their treasurers shall submit all accounts as defined in
			 970 CMR 4.12 that
			 are requested by the director in connection with a comprehensive audit
			 conducted under 970 CMR 4.14 within 30 days after receiving a written request
			 from the director for such accounts.
(3) In connection with any statement, report
			 or affidavit required to be filed by M.G.L. c. 55C or
			 970 CMR
			 4.00 or any action required to be taken by M.G.L. c.
			 55C or
			 970 CMR
			 4.00 or, if a candidate or treasurer fails to submit
			 the accounts and other information relative to contributions, expenditures and
			 liabilities as required by 970 CMR 4.14(2), the director may issue a summons
			 pursuant to M.G.L. c. 55, § 3 and c. 55C, § 11 for the production of
			 such accounts or other information and for the attendance and testimony under
			 oath of witnesses.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 1.00 - Rules Of Procedure › Section 1.01 - Authorization and Purpose

Current through Register 1525, July 5, 2024
(1)
Authorization
. In accordance with St. 1973, c. 470, § 4 of the Old King's Highway Regional Historic District Act, the Rules and Regulations of the Old King's Highway Regional Historic District Commission are herein established.
(2)
Purpose
. 972 CMR 1.00 delineates the Old King's Highway Regional Historic District Commission's procedures and to furnish other information which said Commission considers useful for those appearing before it.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 1.00 - Rules Of Procedure › Section 1.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 972 CMR 1.00:
Commission
means the Old King's Highway Regional Historic District Commission.
Committee
means a member town's historic district Committee as created under St. 1973, c. 470, § 5, the Old King's Highway Regional Historic District Act.
Appellant
means the person or party who is appealing the decision of a town's historic district committee.
Applicant
means the person or party whose application to a town's committee is the subject of the appeal.
Date of Receipt
as it applies to appeals shall be the date upon which a written appeal is received by Commission counsel or properly postmarked, whichever is earlier.
Certificate
mean a Certificate of Appropriateness, Certificate for Demolition or Removal, or Certificate of Exemption, whichever is applicable to the issue of appeal.
Historic District Act
means the Old King's Highway Regional Historic District Act, St. 1973, c. 470.
District
means the Old King's Highway Regional Historic District.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 1.00 - Rules Of Procedure › Section 1.03 - General Procedures

Current through Register 1525, July 5, 2024
(1)
Committee Hearings
. All hearings shall be conducted under the supervision of the Chairman with a minimal amount of formality. The applicant or his agent is encouraged to present to the Committee a complete explanation of the project with a minimum amount of repetition and emotion. All interested persons will be given an opportunity to speak at the hearing. Formal procedures will be used only to the extent that it is necessary to protect the rights of all interested persons.
(2)
Revisions To Approved Plans
.
(a) Only minor changes may be approved by the Committee without the filing of a new application and a new hearing. Minor changes include alterations that can be done without a detrimental impact on the overall appearance of the project such as altering a single window or door change or a minor change of colors. All minor changes by amendment will require the local Committee's or its designee's approval.
(b) Upon failure of a Committee to approve a proposed amendment, the applicant's only remedy is to file a new application for a Certificate of Appropriateness specifically addressing the proposed change. A new public hearing in accordance with the requirements of St. 1973, c. 470 shall then be held by the Committee.
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

Current through Register 1525, July 5, 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.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 1.00 - Rules Of Procedure › Section 1.05 - Amendment of Rules and Regulations

Current through Register 1525, July 5, 2024
It is hereby provided that the Rules and Regulations of the Commission may be amended or supplemented from time to time by a vote of not less than two-thirds of the members of the Commission.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 2.00 - Exempt Areas › Section 2.01 - Establishment Procedures

Current through Register 1525, July 5, 2024
The procedure for establishing exempt areas, pursuant to St. 1973, c. 470, § 7 of the Historic District Act, shall be as follows:
(1) Any area in a town historic district proposed to be established as an exempt area shall have an area of not less than 100 acres. Parcels in separate ownership within said area may be combined for the purpose of computing the required minimum area if they are contiguous or are separated only by a public or private street or way. The boundaries of said area shall be shown on a map sufficient for identification. Assessors' maps or property plans may be used as the basis for any such maps.
(2) If a Town Committee, by a vote of a majority of all its members, declares it advisable to consider establishment of such area as an exempt area, or if said committee shall receive a petition signed by sufficient qualified petitioners, as herein set forth, requesting it to consider the establishment of such an exempt area, the Committee shall hold a public hearing in said town at which establishment of such an exempt area shall be presented for consideration and discussion. Any such petition shall be signed by the owners of not less than 50% of the separate lots in said area as they shall appear on the most recent tax list of said town. Notice of the time and place of such public hearing, of the subject matter sufficient for identification, and of the place where relevant texts and maps may be inspected shall be published in a newspaper of general circulation in said town in each of two successive weeks, the first publication to be not less than 14 days before the day of hearing and by posting such notice in a conspicuous place in the town not less than 14 days before said day of hearing.
(3) After such public hearing and the consideration of such matters as the Committee deems relevant, the Committee shall file with the Commission its report approved by a majority of all its members stating whether or not it recommends the establishment of such exempt area, as defined in said report, and setting forth all the facts and conclusions upon which such recommendation is based.
(4) After considering the report of the Committee and such matters as shall be deemed relevant, the Commission, by the affirmative vote of not less than b of all its members, may declare such area, subject to such boundary modifications as it considers advisable, to be an exempt area if it finds that it lacks historic significance and that its establishment as an exempt area would not cause substantial derogation from the intent and purpose of St. 1973, c. 470. The Commission's decision shall be filed with the Clerk of said Town, whereupon the exempt area shall be deemed established.
(5) Any person aggrieved by said decision shall have the right to appeal to the appropriate District Court in accordance with St. 1973, c. 470, § 11.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 2.00 - Exempt Areas › Section 2.02 - Certificates of Exemption in Exempt Areas

Current through Register 1525, July 5, 2024
Upon establishment of an exempt area, above set forth, the Committee, or its designee, may issue Certificates of Exemption, without a hearing, with respect to any activity within such area, which would otherwise be limited by Section 6 of the Historic District Act.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 2.00 - Exempt Areas › Section 2.03 - Amendment Procedures

Current through Register 1525, July 5, 2024
The procedure for amending the boundaries of an exempt area, pursuant to St. 1973, c. 470, § 7.
(1) The boundaries of any exempt area in a member town proposed to be re-established as a nonexempt area shall be shown on a map sufficient for identification. Assessors' maps or property plans may be used as the basis for any such maps.
(2) If a Town Committee, by the vote of the majority of all its members, declares it advisable to consider the amendment of the boundaries of such area to be reestablished as a non-exempt area or, if said committee shall receive a petition signed by sufficient qualified petitioners, as herein set forth, requesting it to consider the amendment of the boundaries of such area, the Committee shall hold a public hearing in said townat which reestablishment shall be presented for consideration and discussion. Any such petition shall be signed by the owners of not less than 50% of the separate lots in said area as they shall appear on the most recent tax list of said town. Notice of the time and place of such public hearing, of the subject matter sufficient for identification, and of the place where relevant texts and maps may be inspected shall be published in a newspaper of general circulation in said town in each of two successive weeks, the first publication to be not less than 14 days before the day of hearing and by posting such notice in a conspicuous place in the town not less than 14 days before said day of hearing.
(3) After such public hearing and the consideration of such matters as the Committee deems relevant, the Committee shall file with the Commission its report approved by a majority of all its members stating whether or not it recommends amendment of the boundaries of such area, as defined in said report, and setting forth all the facts and conclusions upon which such recommendation is based.
(4) After considering the report of the Committee and such matters as shall be deemed relevant, the Commission, by the affirmative vote of not less than b of all its members, may declare such area, subject to such boundary modifications as it considers advisable, to be reestablished as a non-exempt area if it finds that reestablishment as a non-exempt area would be in keeping with the intent and purpose of St. 1973, c. 470. The Commission's decision shall be filed with the Clerk of said town, whereupon the area in question will cease to be included as an exempt area.
(5) Any person aggrieved by said decision shall have the right to appeal to the appropriate District Court in accordance with St. 1973, c. 470, § 11.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 3.00 - Excluded And Exempt Features And Activities › Section 3.01 - General

Current through Register 1525, July 5, 2024
There are a number of activities and features, which have been excluded or exempted under the Historic District Act. Excluded features or activities do not require Certificate of Appropriateness from the Town Committee. Exempted features and activities require a Certificate of Exemption, which may be obtained from the Town Committee or its designee without a hearing.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 3.00 - Excluded And Exempt Features And Activities › Section 3.02 - Unsafe or Dangerous Conditions

Current through Register 1525, July 5, 2024
Whenever any portion of a structure within the District is to be demolished or removed, whether it is visible from a way or public place or not, a certificate from the Town Committee is required. The only exception to this requirement applies to unsafe and dangerous conditions, which require immediate emergency action in order to protect the safety of individuals. If the local building inspector determines that a structure is unsafe and requires emergency action to protect the safety of individuals, the Inspector may issue a written certificate than an emergency condition exists and is authorized to remove the hazard with without a certificate from the committee. After the hazard is removed an appropriate certificate shall be obtained from the Committee. In many situations both a Certificate for Demolition or Removal and a Certificate of Appropriateness will be necessary if the project involves the replacement or relocation of a building or structure.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 3.00 - Excluded And Exempt Features And Activities › Section 3.03 - Exclusions

Current through Register 1525, July 5, 2024
The following features and activities are allowed by St. 1973, c. 470 with no requirement for any certificate or action by the Town Committee.
(1)
Ordinary Maintenance and Repairs That Do Not Change Exterior Architectural Features
. 972 CMR 3.03(1) has been construed to include the replacement of shingles and clapboards with the same existing material, but shall not include changes from wood to vinyl, aluminum or fiber; or painting which changes the color of a building except for those changes specifically eligible for a Certificate of Exemption.
(2)
Change of Color
. Any building or structure may be painted white without Committee approval.
(3)
Signs
. Real estate signs of not more than three square feet, occupational signs of not more than one square foot, and temporary signs in connection with official celebrations and charitable drives may be displayed within the District without any action by the Town Committee. Signs for builders and contractors are allowed, but only during the time of the building project.
(4)
Temporary Structures
. Temporary structures for official celebrations (parades) or charitable drives.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 3.00 - Excluded And Exempt Features And Activities › Section 3.04 - Exemptions

Current through Register 1525, July 5, 2024
(1) An exemption can apply in three situations. The first is when property is located within an exempt area and no documentation is required from the applicant except for the application for a Certificate of Exemption. The second is when the feature is not within view from a way or public place and only a site plan is required along with the application for a Certificate of Exemption. The third is when a feature has been specifically exempted by the Commission. When one of these three situations applies the Town Committee may issue a Certificate of Exemption without a public hearing. The applicant must apply for the Certificate of Exemption using the appropriate form and supplying the documents specified in 972 CMR 3.04.
(2) The Commission has established the following list of features as eligible for a Certificate of Exemption:
(a)
Fences
: Wooden fences, not higher than four feet, may be allowed, as an exempt item, if appropriate for the site and associated structure, provided the finished side of the fence faces out from the fenced area, in the following styles:
1. Split, half round or round post and rail in natural (unpainted) finish.
2. Square rail in white or natural (unpainted) finish.
3. Vertical picket in white finish or natural (unpainted) finish.
4. Vertical flat board with cap rail four to six inches wide in natural or white finish.
(Site plan must be submitted)
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 4.00 - Violations And Court Jurisdictions › Section 4.01 - General

Current through Register 1525, July 5, 2024
While violations of the Historic District Act are usually minor in nature and few in number, the law provides the fullest opportunity for complete judicial redress against any violator. Violations should be prosecuted in the local District Court and may be brought either by civil action or criminal complaint. Often times the violation of the Historic District law will also include violations of other statutes and by-laws which may provide for more severe penalties.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 4.00 - Violations And Court Jurisdictions › Section 4.02 - Enforcement

Current through Register 1525, July 5, 2024
The Town Building Inspector is responsible for enforcing St. 1973, c. 470. The law states that "no permit shall be issued by the local building inspector for any building or structure to be erected, removed or demolished within the District unless the application for said permit shall be accompanied by a Certificate of Appropriateness, Certificate for Removal or Demolition, or Certificate of Exemption." (
See
St. 1973, c. 470, § 6). The law further states that the building inspector of the affected town shall have the "power and duty" to enforce the provisions of this law. For these reasons all violations should be promptly reported to the localbuilding inspector's office for proper enforcement action. While the local building inspectors are specifically charged with the responsibility for enforcing the Act, any person who observes a violation may seek a criminal complaint against the violator(s). Any person who violates any provision of the Historic District Act is guilty of a misdemeanor and in 1974 the Massachusetts Supreme Judicial Court ruled that even though the Legislature may have imposed the duty to prosecute violations on a particular public official--in that case a health agent-anyone who is competent to give oath may seek a criminal complaint in the local District Court. (
See
:
Commonwealth v. Haddad
, 364 Mass. 795, 308 NE2d 899 (1974)). Therefore, if a citizen feels strongly about a violation, he may seek direct action against the violator(s) by going to the Magistrate's office of the local District Court. The Commission recommends that all violations be brought to the local building inspector's office for enforcement. If criminal action is to be initiated, the complainant should obtain competent legal advice and discuss the matter with members of the local District Attorney's office.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 4.00 - Violations And Court Jurisdictions › Section 4.03 - Proof of Violations

Current through Register 1525, July 5, 2024
Any person suspecting a violation of St. 1973, c. 470 should take steps to properly document the violation and be prepared to testify as a witness. The following information and material will be helpful in supporting any enforcement action:
(1)
Statement of Facts
. A brief written statement outlining the alleged violation should be submitted to the local building inspector's office and a copy retained by the complainant. The statement should include the following information:
(a) Location of the violation including street address and assessors' map number.
(b) Type of violation-describing the specific section of St. 1973, c. 470 that is being violated and indicating whether the violation involves construction or demolition.
(c) The name(s) and address(es) of the violators. This should include the owner, builder, machinery operators and other persons participating in the work.
(d) Name and address of the person reporting the violation.
(e) List of possible witnesses and names and addresses of any persons observing the violation.
Code of Massachusetts Regulations › 972 CMR - OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION › Title 972 CMR 4.00 - Violations And Court Jurisdictions › Section 4.04 - Court Jurisdiction and Penalties

Current through Register 1525, July 5, 2024
(1) The local District Court has jurisdiction over civil actions, criminal complaints and appeals. Matters involving the Towns of Sandwich, Barnstable and Yarmouth should be brought to the Barnstable District Court located off Route 6A in Barnstable Village. Matters involving Dennis, Brewster and Orleans should be brought to the Orleans District Court located just off Route 6 at the Orleans/Eastham rotary circle.
(2) Violators of St. 1973, c. 470 are guilty of a misdemeanor and may be fined from a minimum of $100 to a maximum of $500, with each day constituting a separate violation. The penalty of contempt is available for any violation of a judicial order issued by the local District Court.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.01 - Preamble

Current through Register 1525, July 5, 2024
(1) The Devens Enterprise Commission (the
			 DEC) is vested with broad regulatory authority related to land use planning and
			 permitting functions. Such permitting functions, described in St. 1993, c. 498,
			 § 11, and in greater detail in the Devens Zoning By-laws (the By-laws),
			 are those normally assumed in cities and towns by Planning Boards, Boards of
			 Health, Conservation Commissions, Boards of Appeal, and Historic District
			 Commissions.
Functions include the following: (references are to applicable
				sections of the By-laws unless otherwise specified):
(a) Adoption of 940 CMR consistent with the
			 By-laws and St. 1993, c. 498, § 11.
(b) Enforcement of By-laws and 974 CMR
			 (Article II, Section C)
(c)
			 Special(Short Duration) Events (in part) and Earth Removal Permits (Article IV,
			 Sections B and K)
(d) Delegation of
			 certain powers to the Director to assist in the administration and enforcement
			 of the By-laws (Article II, Section E.2)
(e) Approval of Innovative Development
			 Regulations and Unified Permits (Article III, Sections D, E, and F)
(f) Site Plan Review (Article III, Section
			 H)
(g) Variances, Reconsiderations
			 and Appeals (Article IV, Sections A, C through F)
(h) Expansion and/or Alteration of
			 Nonconforming Buildings, Uses and Structures (Article VII)
(i) Subdivision Review (Article
			 VIII)
(j) Historic District Reviews
			 (Article X, Section D)
(k) Water
			 Resource Protection (Article XI, Sections B through E)
(l) Wetlands Protection (Article
			 XII)
(m) Sign Regulation (Article
			 XIII)
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.03 - Unified Development Permit System: Purpose, Overview, and General Requirements

Current through Register 1525, July 5, 2024
(1)
Unified Development Permit System
. The process for
			 reviewing Submissions in Devens is called Unified Permitting.
The purpose of Unified Permitting is to provide for expeditious
				permitting of land development to promote the orderly conversion and
				redevelopment of Devens. The DEC administers this system.
The major components of this system are zoning, site plan
				review and lotting or subdivision of land. Also included are variances,
				building permits, historic district certificates, board of health permits,
				wetlands approvals and water resources protection review, sign permits, and
				various licenses.
(2)
Levels of Development Review
. Submissions shall be
			 processed pursuant to Level One or Level Two reviews.
Level One reviews are conducted by the Director and typically
				include minor modifications to building and site plans, building permits
				(without site development), and Certificates of Compliance under a Wetlands
				Order of Conditions, as well as Level One Lotting plans.
A Submission that is not deemed Level One will be subject to
				Level Two review Level Two reviews are conducted by the DEC.
A Unified Permit (Permit), may be approved, approved with
				conditions, or disapproved by the DEC.
(3)
Principal Components of the
			 Unified Development Permit System
. Among the most important
			 components are site plan review and division of land.
(a) Site Plan Review involves the siting of
			 buildings on lots and the creation of facilities and services designed to
			 accommodate the needs of the site, including, but not limited to, vehicular
			 parking and loading facilities, stormwater management, provision of utilities
			 on-site, landscaping and screening, and other improvements.
(b) Division of Land may be accomplished by
			 submission of a Subdivision or a Level One Lotting Plan. In a Level One Lotting
			 Plan, two or more lots are created, provided that frontage and lot area comply
			 with the By-law requirements and the frontage is located along a way the DEC
			 determines is maintained by MassDevelopment and used as a public way.