[Ord. of 6-21-1994, § 1]
The intent of this article is to enable the residents of Windham, working together for the common good, to preserve and protect the pleasant and desirable historic appearance of the Windham Center Neighborhood by establishing the local historic district shown on the accompanying map [to the ordinance adopted June 21, 1994, from which this article derives] and described in Section 5.5-58 below.
[Ord. of 6-21-1994, § 8]
(a)
An historic district is hereby established in the Town of Windham,
the boundaries of which are shown on a map entitled "Windham Center,
Connecticut — Historic District, March 10, 1994," which map
shall, upon the adoption of this article, be filed in the Office of
the Windham Town Clerk.
(b)
The map of the proposed historic district has been traced or redrawn
from the information shown on the aerial photographic maps (updated
on October 1, 1988), numbered 5-9, 6-7, 6-9, and 17-3, that are kept
in the Assessor's Office of the Town of Windham, Connecticut.
The scale of the map of the proposed historic district is shown on
the map.
(c)
The block and lot numbers shown here [Subsection (d)] are the same as those used on the photographic maps. The property numbers with corresponding owners' names are listed in the attachment titled "Properties, Property Owners, and Town Assessor's Map References."
(d)
The Windham Center Historic District is more particularly bounded
and described as follows:
Map 6-9, Block 245. Beginning at the northeasterly corner of
Lot 6 (being Property 1) thence southerly, westerly, southerly, westerly,
northerly, and westerly along the southerly side of Lot 6 (Property
1) and Lot 35 (Property 2) to the center of Patriot Road. Thence southerly
along the center line of Patriot Road to the point even with the southeasterly
corner of Lot 5 (Property 3). Thence westerly along the southerly
line of Lot 5 (Property 3) to the southeast corner of Lot 5 (Property
3).
Map 17-3, Block 245. Thence westerly along the southerly line
of Lot 4 (Property 4) and Lot 4A (Property 5) to the southwest corner
of Lot 4 (Property 5).
Map 6-9, Block 245. Thence southerly by Lot 41 and Lot 40 to
the southeast corner of Lot 29 (Property 14). Thence westerly along
Lot 29 (Property 14) to the northeast corner of Lot 28 (Property 15).
Thence southerly and westerly along Lot 28 (Property 15) to the northeast
corner of Lot 10-1 (Property 16). Thence southerly along Lot 10-1
(Property 16) to the northerly line of Lot 25 (Property 18). Thence
easterly and southerly along Lot 25 (Property 18) to Lot 24 (Property
19). Thence easterly, southerly, and westerly along Lot 24 (Property
19) to the northeast corner of Lot 22 (Property 20). Thence southerly
to the center line of Mullen Hill Road. Thence westerly thereby to
the center line of Windham Center Road (Connecticut Route 203).
Map 6-9, Block 240. From this point southerly along the center
line of Windham Center Road (Connecticut Route 203) to the point even
with the southeast corner of Lot 27 (Property 22). Thence, by the
northerly line of Lot 28, westerly, northerly, northwesterly, northerly,
northwesterly, westerly to the southwest corner of Lot 24-1. Thence
northerly by Lot 24-1 to Lot 23B. Thence easterly by Lot 23B to Lot
23-2 (Property 26). Thence northerly along Lot 23-2 (Property 26)
and Lot 23-1 (Property 27) to Lot 20 (Property 29).
Map 5-9, Block 240. Thence westerly, northerly, northwesterly,
easterly to the southwest corner of Lot 19 (Property 31).
Map 6-9, Block 240. From this point northerly, thence easterly
along the line of Lot 19 (Property 31) to the southwest corner of
Lot 5 (Property 34). Thence northerly, northeasterly along the line
of Lot 5 (Property 34) to the center line of Plains Road. Thence easterly
along the center line of Plains Road to the point even with the northwest
corner of Lot 5-5, Lot 5-4, Lot 5-3, Lot 5-2, and Lot 5-1 to the southeast
corner of Lot 5-1. Thence northerly by Lot 5-1 to the center line
of Plains Road. Thence westerly along the center line of Plains Road
to the point even with the southeast corner of Block 238, Lot 28-10.
Map 17-3, Block 238. Thence easterly along the southerly line
of Lot 10 to the southwest corner of Lot 12 (Property 61). Thence
northerly along the westerly line of Lot 12 (Property 61) and the
westerly line of Lot 11 (Property 62) to the northwest corner of Lot
11 (Property 62). Thence northeasterly to the center line of North
Road (Connecticut Routes 14 and 203, also known as Bricktop Road).
Map 6-7, Block 242. From this point northerly along the center
line of North Road (Connecticut Routes 14 and 203) to the point even
with the northwest corner of Lot 81 (Property 65). Thence easterly
along the northerly lines of Lot 81 (Property 65) and Lot 80 (Property
66) to the northeast corner of Lot 80 (Property 66), thence southerly
along the east line of Lot 80 (Property 66) to the center line of
Jennings Lane. From this point westerly along the center line of Jennings
Lane to the point even with the northeast corner of Block 244, Lot
1 (Property 67).
Map 6-7, Block 244. From this point southeasterly and easterly
by Lot 1C. Thence southeasterly and easterly by Lot 1A on a slight
curve along the northerly line of Lot 20 (Property 69) to Lot 1-2
and southeasterly along Lot 1-2 to Lot 19 (Property 70).
Map 17-3, Block 244. From this point easterly along the northerly
line of Lot 19 (Property 70) and Lot 11 (Property 78) to the northwest
corner of Lot 11C. Thence southerly, westerly, and southerly to Lot
8A (Property 84) to the northwest corner of Lot 5. Thence southerly
by Lot 5 to Lot 7 (Property 85). Thence easterly by the northerly
line of Lot 7 (Property 85) to the center line of Ballamahack Road.
Map 6-9, Block 244. Thence southeasterly along the center line
of Ballamahack Road to the center of the intersection of Ballamahack
Road and Scotland Road (Connecticut Route 14). Thence easterly along
the center line of Scotland Road to the point even with the northeast
corner of Block 245, Lot 6 (Property 1) and thence southerly to the
point of beginning.
This description includes the Windham Center Green and Properties
1 through 62 and 65 through 86, inclusive, which are listed with corresponding
owners' names in the attachment titled "Property Owners and Town
Assessor's Map References." Each property includes one or more
whole lots.
[Ord. of 6-21-1994, § 2]
(a)
Provision by state law. The Connecticut General Statutes, Sections
7-147a through 7-147k, as amended, provide for the establishment of
local historic districts and Historic District Commissions in the
state. For brevity, these sections of the Connecticut General Statutes
are referred to in the article as "the statute."
(b)
Establishment; duties. This article hereby establishes the Town of
Windham Historic District Commission, which shall have such powers,
duties, responsibilities, and limitations and shall perform such functions
as are described in the statute, and as further provided in this article.
(c)
Composition. The Town of Windham Historic District Commission shall
consist of five regular members and three alternate members, all of
whom shall be residents of the Town of Windham holding no salaried
town office. All shall serve without compensation. At least three
regular members and two alternate members shall be residents and property
owners within the historic district.
(d)
Terms of office. The terms of the original members of the Commission
shall be such that the term of at least one regular member and one
alternate member shall expire each year. Their successors shall be
appointed for terms of five years for regular members and five years
for alternate members, except that an appointment to fill any vacancy
created by any reason other than by the expiration of a term shall
be the duration of the unexpired term.
(e)
Officers. Within 30 days after appointment of the original members
of the Commission, and annually thereafter, the regular members shall
meet and elect officers as specified in the statute. Alternate members
shall not participate in the vote for election of officers of the
commission.
(f)
Appointment of members. Members of the Commission should be appointed
within 30 days, but not later than 60 days, after the passage of this
article. Appointments shall be made by the Board of Selectmen of the
Town of Windham.
(g)
Quorums. Three members of the Commission shall constitute a quorum
for the transaction of its regular business, which shall be decided
by a majority vote, except that the affirmative vote of at least three
members shall be necessary to grant or deny a certificate of appropriateness.
(h)
Designation of alternates. When a member of the Commission is unavailable
to act at a particular time due to absence, sickness, conflict of
interest, or other good reason, the chairperson shall designate an
alternate member to act in place of such member, choosing alternates
in rotation so that they shall act as nearly equal a number of times
as possible.
[Ord. of 6-21-1994, § 6]
In addition to reviewing and acting on applications for certificates
of appropriateness, the Windham Center Historic District Commission
has the following other duties:
(1)
Liaison with other town commissions, etc. The Historic District Commission
shall maintain liaison for information and coordination with other
town commissions, boards, and offices whose areas of concern may be
related to those of the commission.
(2)
Annual report. The Commission shall make an annual report of its
activities to the Board of Selectmen.
[Ord. of 6-21-1994, § 3]
(a)
Before erecting, altering, restoring, moving, or demolishing any
building, structure, or business parking area within the Windham Center
Historic District, the property owner must apply for and receive from
the Commission a certificate of appropriateness as to the proposed
new or changed exterior architectural features of the building or
structure. A certificate of appropriateness is also required as to
the style, material, size, and location of signs and fences within
the historic district, whether or not a building permit is required.
(1)
In order to make the process as simple and easy as possible
for property owners, the application form has been kept to a single
sheet as shown on the attached sample.
(2)
Maintaining the appropriateness of the historic district and
reviewing these applications involves cooperation between neighbors
and fellow townspeople. The Commission will consider the changes proposed
by the property owner and give advice on how to maintain and preserve
the historic appearance of property within the historic district.
(b)
In determining whether to grant a certificate of appropriateness,
the Commission shall be guided by the statute, and where they do not
conflict with the statute, by the Secretary of the Interior's
standards for rehabilitation of historic properties, the standards
and guidelines of the state historic commission, and any additional
standards which the Commission may develop and publish for this purpose.
(c)
A certificate of appropriateness must be obtained before the Town
of Windham or its departments, agencies, or officials can grant a
building permit for the erection of a building, structure, or sign,
or for the alteration of an exterior architectural feature within
the Windham Center Historic District, or a demolition permit for demolition
or removal of a building or structure within the Windham Center Historic
District.
[Ord. of 6-21-1994, § 4]
This article does not regulate the following activities, and
the Historic District Commission may not base its determination on
them:
(1)
Correction of unsafe or dangerous conditions;
(2)
The interior arrangement or manner of use of any building or structure;
(3)
The color of paint on the exterior of any building or structure;
(4)
The maintenance or repair of any exterior feature which does not
involve a change of design or appearance;
(5)
Vegetation or natural landscape features; or
(6)
Exterior architectural features that would not be visible from a
public street, way, or place, if any obstructing vegetation were to
be removed.
[Ord. of 6-21-1994, § 5]
(a)
Filing applications. An application for a certificate of appropriateness
shall be filed with the Commission through the Office of the Town
of Windham Zoning Enforcement Officer.
(b)
Notice, hearings, and approvals.
(1)
The Historic District Commission shall hold a public hearing
upon each application for a certificate of appropriateness unless
the Commission determines that the application involves no items subject
to approval by the Commission. The Commission shall fix a reasonable
time and place for each hearing. Notice of the time and place of the
hearing shall be given by publication in the form of a legal advertisement
appearing in a newspaper having a substantial circulation in the Town
of Windham and at the Windham Town Hall not less than five days and
not more than 15 days before such hearing.
(2)
Evidence of approval shall be by certificate of appropriateness
issued by the Commission.
(3)
Within not more than 65 days after the filing of an application,
the Commission shall pass upon the application and shall give written
notice of its decision to the applicant. Failure of the Commission
to act within 65 days shall constitute automatic approval and no other
evidence of approval shall be needed. In the event of automatic approval
of an application, the chair of the Commission shall issue a certificate
of appropriateness immediately on demand of the applicant.
(4)
In case of an emergency, such as damage to a structure caused by fire or storm, which must be repaired or replaced quickly to ensure the safety and well-being of residents, the property owner may request expedited action by the Commission. In such cases, the Commission shall respond to the request within three business days. The Commission can be contacted through the Zoning Enforcement Officer. (Repairs which do not change the design or appearance do not require a certificate of appropriateness; see Section 5.5-56.)
(5)
When a certificate of appropriateness has been denied, the Commission
must report the reasons for its determination in its records and in
the notice to the applicant.
(6)
All hearings and meetings of the Commission at which decisions
are made are open to the public. The Commission shall keep a permanent
record of its resolutions, transactions, and determinations, and of
the vote of each participating member.
(c)
Commission action. In its deliberations, the Commission shall always
act to preserve and promote those historical or architectural features
which are appropriate, and to prevent those which are inappropriate,
to the historic district.
(d)
Adoption of rules. The Commission shall adopt rules of procedure
in accord with the statute and with this article.
[Ord. of 6-21-1994, § 7]
Regulations and orders of the Commission issued pursuant to
the statute or to this article shall be enforced by the Windham Zoning
Enforcement Officer, as provided by the statute.
[Ord. of 6-21-1994, § 9]
Nothing contained herein shall relieve any property owner of
complying with the requirements of any other state statutes or municipal
ordinances or regulations affecting the uses of land within the Town
of Windham.
