[Adopted 3-5-1974 ATM by Art. II, as amended through 3-1999
ATM]
The purpose of these Districts shall be to:
A.
Safeguard the heritage of the Town as it is represented
in structures of historical and architectural value.
B.
Preserve a district in the Town which reflects elements
of its cultural, social, economic and political history.
C.
Foster civic beauty.
D.
Promote the use of an historic district for the education,
pleasure and welfare of the citizens of our Town.
The Historic Districts established herewith
and from time to time amended in the manner prescribed by New Hampshire
law has one or more or any combination of the following characteristics
and qualifications, without limitation as to cultural or chronological
period:
A.
Structures or sites at which events occur or have
occurred that contribute to and are identified with or significantly
represent or exemplify the broad cultural, political, economic, military,
social or sociological history of the Wolfeboro Historic District
and the nation, including sites and buildings at which visitors may
gain insight or see examples either of particular items or of larger
patterns in the North American heritage.
B.
Structures or sites importantly associated with historic
personages.
C.
Structures or sites importantly associated with historic
examples of a great idea or ideal.
D.
Structures or structural remains and sites embodying
examples of architectural types or specimens valuable for study of
a period, style or method of building construction, of community organization
and living or of landscaping or a single notable structure or a single
site representing the work of a master builder, master designer, architect
or landscape architect.
E.
Structures contributing to the visual continuity of
the district.
A.
In accordance with RSA 673:4, the Selectmen shall
appoint an Historic District Commission,[1] hereinafter referred to as the "Commission," of seven
members, as follows:
(1)
One member shall be a member of the Board of
Selectmen.
(2)
One member may be a member of the Planning Board.
(3)
No less than two of the members shall be residents
of the Historic Districts.
[1]
Editor's Note: The Historic District Commission was abolished
3-9-2010 ATM by Art. 9.
B.
Initially, staggered terms of one, two and three years
each shall be assigned the members first appointed, so arranged that
not more than two terms will expire each year. The Board of Selectmen
shall designate the length of term for their member.
A.
The Commission shall be organized and shall conduct
its affairs as required by RSA 673:4, RSA 91-A and all other applicable
laws, and shall adopt and publish its rules of procedure.
B.
A quorum for transaction of all business shall consist
of four members, except that a lesser number may adjourn any meeting
to a place and time specific giving public notice of the adjournment.
The Commission may exercise all powers and shall
perform all duties authorized or required in RSA 674:45 to 674:50
and other applicable law.
The Town Meeting action hereby establishes within
the Town of Wolfeboro the following Historic Districts as authorized
by RSA 674:46. The entire building or structure, whether fully or
partially within the Historic Districts, shall be regulated by this
Part 2.
A.
The North Wolfeboro Historic District. The area of
this district is restricted to a setback of 250 feet from the center
line on each side of the roads involved, the area being approximately
9/10 of a square mile and the roads being entirely within North Wolfeboro
as shown on the Zoning Map:
(1)
Pork Hill Road starting at the Ossipee-Wolfeboro
Town Line and extending in a southeast direction to the Route 28 right-of-way.
(2)
North Wolfeboro Road from Route 28 right-of-way
and extending in a southeast direction to Dimon Corner.
(3)
Trask Mountain Road from Dimon Corner in a northeast
direction to the Ossipee/Wolfeboro Town line.
(4)
Stoddard Road South from Dimon Corner in a northeast
direction to the intersection with College Road.
(5)
Cowper Road easterly to Avery Road.
(6)
Avery Road from its intersection with the Cowper
Road to the Stoneham Road, excluding that area already included in
the Cotton Mountain Historic District.
(7)
Bickford Road northwest from Frost Corner (College
Road right-of-way) to Stoddard Road.
(8)
Chick Road, northwest from the intersection
of Bickford Road to Haines Hill Road.
(9)
Haines Hill Road, northeasterly from the intersection
of Chick Road to North Wolfeboro Road at Dimon Corner.
B.
The Cotton Mountain Historic District. The area of
this district is restricted to a setback of 250 feet from the center
line on each side of the following roads as they are shown on the
Zoning Map:
Buildings, structures and uses within an historic
district shall be those permitted in the Planning and Zoning Ordinance
provisions for any site in question.
A.
Within the Historic Districts, no buildings or structures
shall be constructed, reconstructed, altered, restored, moved or demolished
without the approval of the Wolfeboro Historic District Commission.
A certificate of approval from the Commission is required for such
work even though a building permit may not be required.
B.
Application procedure. A written application for a
certificate of approval shall be submitted to the Wolfeboro Historic
District Commission. The application shall be in the form prescribed
by the Commission and shall, as a minimum, state the purpose and intent
of the proposed project and identify in exact detail the nature and
extent of the work to be performed. The application shall be accompanied
by copies of any site plans, building plans, photographs, topographic
plans and any other information required by the Commission.
C.
Consideration of an application. The Historic District
Commission shall make a determination as to the appropriateness of
the work proposed to be accomplished by an applicant by determining
whether or not the proposal is in compliance with the purpose and
intent of the district and the guidelines of this chapter. This determination
shall be based on the following:
(1)
Professional advice. The Commission may seek
advice from such professional, educational, cultural or other sources
as is deemed necessary.
(2)
Public hearing. The Commission may hold a public
hearing during which opinions of abutters and interested citizens
shall be heard, as well as such professional advice as has been requested.
Notice of the public hearing shall be sent to abutters and others
as required by RSA 676:4 not less than 10 days prior to the date of
the hearing.
(3)
Consultation. The Commission shall consult with
the applicant and may make suitable recommendations for changes or
modifications to the applicant's proposal. Such recommendations shall
be for the purposes of historic preservation and the prevention of
changes that are incongruous with the Historic District, its buildings,
sites and surroundings, particularly those features of the district
that are subject to public view.
(4)
Action on an application. The Historic District
Commission, at the next regular meeting or within 30 days following
the delivery of the application, shall determine if the submitted
application is complete according to the Commission’s regulation
and shall vote upon its acceptance. Upon determination by the Commission
that a submitted application is complete according to the Commission's
regulations, the Commission shall begin formal consideration and shall
act to approve, conditionally approve, or disapprove within 45 days
of the acceptance of said application by the Commission, unless the
applicant agrees, in writing, to extend this time limit. The Commission
shall determine whether the action or usage proposed will be appropriate
in the Historic District and shall file a certificate of approval
or disapproval with the office of Town Manager. Failure by the Commission
to act within the specified period of time shall be deemed to constitute
approval of the application. The Commission shall determine whether
the action or usage proposed will be appropriate in the Historic District
and shall file a certificate of approval or disapproval with the office
of Town Manager. Failure by the Commission to act within the specified
period of time shall be deemed to constitute approval of the application.
[Amended 3-11-2008 ATM by Art. 4]
(a)
Conditional approval. Notwithstanding that the
action or usage proposed by the applicant may be deemed inappropriate
owing to conditions especially affecting the lot, building or structure
involved, but not affecting the Historic District generally, the Commission
may find that failure to issue a certificate of approval will involve
a peculiar and unusual hardship (physical, financial or otherwise)
to the applicant and that such certificate may be issued without substantial
derogation of the intent and purposes of historic preservation in
Wolfeboro. If the Commission determines that a proposed action or
usage is not appropriate, owing to conditions aforesaid, but that
failure to issue a certificate of approval causes substantial hardship,
the Commission may file a certificate of approval in which the Commission
may impose conditions.
(b)
Disapproval. When an application is disapproved,
the reasons for such disapproval shall be clearly stated in the record
of proceedings of the Commission.
(c)
Notification. The Commission shall notify the
applicant and the Town Manager of its determination and shall furnish
the applicant a summary of the reasons for the action taken and its
recommendations, if any, as appearing in the records of the Commission.
Appeals may be taken to the Wolfeboro Zoning
Board of Adjustment by any owner or tenant of property wholly or partly
within the Wolfeboro Historic District, as well as by any other person,
agency or group, if aggrieved by a ruling of the Wolfeboro Historic
District Commission. The Wolfeboro Zoning Board of Adjustment shall
hear and act upon such appeals within the periods of time prescribed
by New Hampshire statute.
The following guidelines shall be used by the
Historic District Commission:
A.
Criteria for appropriateness (existing buildings).
When determining the appropriateness of proposed alterations, restorations
or remodeling of existing structures, the criteria listed below shall
be used. It is possible that in some instances several criteria will
apply to a particular application, in which case the applicant shall
suggest on the application the criterion being used, and the Commission
shall consider the applicant's suggestion but shall make the final
decision on which criterion or criteria, if any, apply.
(1)
Structures which are of importance because of
a moment in history, such as the date of occupancy by a celebrated
personage or the happening of an event. Such structures should be
altered only so as to be more in conformity with the appearance at
that moment in time.
(2)
Structures which are of importance because of
their date of construction. Such structures should be altered to restore
features to their original appearance, unless the structure was altered
at some later time and the Commission determines that the alteration
is in keeping with the character of the Historic District or is notable
in its own right. In such case, the altered appearance should be maintained.
(3)
Structures which are important in the history
of architecture as unique or exceptionally fine examples of their
style. Such structures should be altered only so as to retain their
original appearance.
(4)
Structures which are merely typical of their
age and style. Such structures should be altered in a fashion of that
age or style, if in keeping with the character of the Historic District.
B.
Criteria for conformance (new structures). New structures
and buildings and those being moved into the Historic District must
conform to the existing structures in the district in terms of general
size and scale but need not conform in precise architectural style.
In addition:
(2)
Such a structure shall conform to the general
style of the Historic District by being similar to neighboring structures
in the criteria listed below, unless waived by the Commission:
(a)
Openings and openings patterns within the facade
as a percentage of the facade, i.e., doors and windows.
(b)
Similarity of construction materials and surface
texture, i.e., rough, smooth, wood, brick, etc.
(c)
Similarity of rooflines, i.e., slopes and shapes.
(d)
Similarity of architectural details, i.e., cornices,
lintels, arches, porches, balustrades, wrought iron work, chimneys,
etc.
(e)
Similarity of landscaping and ground coverings,
i.e., grass, trees, shrubs, brick, granite, etc.
(f)
Other items of review shall include color, roof
materials, fences, foundations, signs, windows and such other items
as may affect the exterior appearance of said structure even though
a permit may not be required under the Planning and Zoning Ordinance.
C.
Demolition or removal. No existing building or other
structure may be demolished or moved out of any of the Historic Districts
until approval has been granted by the Historic District Commission.
An application which includes a detailed plan for the reuse of the
site shall be submitted, and the Commission shall determine the appropriateness
of the plan. A certificate of approval for demolition and reuse shall
only be granted upon a showing by the applicant that to deny such
certificate would result in a hardship unique to the property in question
and that such hardship is not common to neighboring properties in
the Historic District. Financial hardship of the owner of the property
shall not constitute a hardship for this purpose.
D.
Construction. Construction that will not have any
visible impact on buildings or structures in the Historic District
is permitted, provided that the Historic District Commission is notified
at least 30 days in advance of such construction. Such construction
shall not begin if the owner is notified that an application to the
Commission is required.
E.
Painting. Painting, staining and other exterior decorative
work constituting a change from existing color and appearance and
not involving exterior construction shall be in accordance with the
character of the Historic District. The Commission shall be notified
30 days in advance of such exterior decorative work. Such work shall
not begin if the owner is notified that an application to the Commission
is required.
F.
Routine repairs. Routine repairs to existing structures
not involving any other exterior changes shall be deemed to be of
no interest. Parties interested in promoting the spirit and intent
of the Historic District are encouraged to seek informal guidance
from the Commission in the selection of historically appropriate colors
or detail.
The enforcement of the provisions of this Part
2 shall be made through the Planning and Zoning Ordinance of the Town
of Wolfeboro (RSA 31:89-j).[1]
[1]
Editor's Note: See now RSA 674:45 et seq., Historic Districts.
In case any subsection, paragraph, or part of this Part 2 is, for any reason, declared invalid or held unconstitutional by any court of last resort, every other subsection, paragraph or part shall continue in full force and effect.
Nothing in this Part 2 shall be construed to
prevent ordinary maintenance or repair of any structure or place within
the Historic District nor to prevent construction, alteration, repair,
moving or demolition of any structure under a permit issued by the
Permit Officer or other duly delegated authority prior to the establishment
of any such District (RSA 31:89-g).[1]
[1]
Editor's Note: RSA 31:89-g was repealed in 1983 (447:5). See
now RSA 674-45 et seq., Historic Districts.
