Citizen Petition To Make It Harder To Demolish Historic Structures May Be Moot

A citizen petition seeking to make it harder to demolish historic structures on Nantucket may not be binding, even if voters opt to support it, according to a memo from a town attorney.

The petition, submitted by local preservation artisan and carpenter Hollis Webb, would require a supermajority vote of the HDC to authorize the demolition of any structure over 50 years old. Currently, only a majority is required. But a local bylaw may not be able to change the percentage of the vote needed for the HDC to take action on an application.

The memo, which was read aloud during the Historic District Commission’s latest meeting by chair Stephen Welch, apears to say that such a change would require an amendment to the HDC’s enabling legislation.

“In order to create a binding quantum of vote higher than a majority for matters to be taken up by the HDC, an amendment will be required to the enabling legislation,” the memo says, according to Welch. “The general rule is that a majority of a council or board is a quorum and the majority of a quorum can act.”

The enabling legislation is a state law. Webb’s petition does not amend it.

A copy of town counsel’s memo could not be immediately obtained. Welch said that he received the memo after scheduling an HDC discussion on Webb’s article.

The memo is a notable contrast to town counsel’s earlier comments on the topic. At a previous Select Board meeting, town attorney John Giorgio said he had “approved this [article] as to form, and it really is a policy question.”

In practice, Webb’s article would have required a 4-1 vote of the HDC to demolish a historic structure, instead of a 3-2 vote. Now, it’s unclear if it would require anything.

“I don't think town counsel’s response to the question really applied,” HDC member Angus MacLeod said. “I think, legal mumbo-jumbo aside, it's important for us as a board to express our opinion about the intent.”

The HDC ultimately did not vote to endorse or oppose the article.

“A super-majority is not something that I don't believe we’ve ever done, and I'm not sure that we can,” HDC vice chair Ray Pohl said.

Welch suggested that the issue of demolitions, which has grabbed headlines in recent months, was worthy of a broader discussion.

“I think there's a big picture discussion to be had, having to do with demolitions,” Welch said.

The Finance Committee voted to recommend that Town Meeting take no action on Webb’s article.

“To me, it seems a little bit strange to change a commission's voting from outside rather than having it come from inside the commission,” Finance Committee member Joe Wright said.

Webb’s article comes in the wake of a controversial decision to demolish the historic Nantucket Electric Company building on New Whale Street. The HDC voted 3-2 to allow the demolition. If Webb’s proposal had been in place, assuming that it would actually apply, that vote would have failed, and the demolition would not have been permitted.

“Our tourism, everything, is dependent on our historic districts, so protecting those by requiring broader consensus makes sense to me,” Webb said. “I can't find a reason why it wouldn't bolster and strengthen the HDC."

Webb clarified that the demolition of the electric company building was not the impetus for his article, but it is the most notable recent example of a decision that the change would have prevented. It is rare for the HDC to vote so narrowly on anything, and other recent demolitions of historic structures that have grabbed headlines either initially claimed to be renovations or dodged the HDC entirely.