[HISTORY: Adopted by the Annual Town Meeting
of the Town of North Reading 10-7-1993 by Art. 4, approved 1-11-1994. Amendments noted where applicable.]
This bylaw shall be known and may be cited as
the Historic District Bylaw of the Town of North Reading, Massachusetts.
The purpose of this bylaw is to promote the
educational, cultural, economic, and general welfare of the community
by:
A.
Providing a mechanism to identify and preserve the
distinctive historic and architectural characteristics of North Reading
which represent elements of the Town's cultural, social, economic
and political and architectural history;
B.
Fostering civic pride in the beauty and noble accomplishments
of the past as represented in North Reading's landmarks and historic
districts;
C.
Conserving and improving the value of property designated
as landmarks or that reside within historic districts;
D.
Protecting and enhancing the attractiveness of the
Town to home buyers, tourists, visitors, and shoppers, and thereby
supporting and promoting business, commerce and industry, as well
as providing economic benefit to the Town.
E.
Fostering and encouraging preservation, restoration,
and rehabilitation of structures, areas, and neighborhoods and thereby
preventing future urban blight.
This Historic District Bylaw is adopted pursuant
to the authority granted by Chapter 40C of the General Laws of the
Commonwealth of Massachusetts as amended.
Unless specifically defined below, words or
phrases in this bylaw shall be interpreted so as to give them the
same meaning as they have in common usage and so to give this bylaw
its most reasonable application.
Any act or process that changes one or more of the exterior
architectural features of a structure, including, but not limited
to, the erection, construction, reconstruction, rebuilding, restoration,
removal or demolition of any structure.
A specific geographic division of the Town of North Reading.
A combination of materials forming a shelter for persons,
animals, or property.
A certificate issued by the Historic District Commission
indicating its approval of plans for alteration, construction, removal,
or demolition of a building or of a structure within a historic district.
A certificate issued by the Historic District Commission
authorizing an alteration, construction, removal, or demolition.
A certificate issued by the Historic District Commission
indicating that a proposed activity does not require Historic District
Commission authorization or approval.
Member of the North Reading Historic District Commission.
The act of adding a structural addition to an existing building
or structure or the erection of a new principal or accessory structure
on a lot or property and includes the words build, erect, install,
enlarge, and move.
Any act or process that destroys in part or in whole a building
or a structure within a historic district.
A standard of appropriate activity that will preserve the
historic and architectural character of a structure or area.
The architectural character and general composition of the
exterior of a structure, including but not limited to the kind, color,
and texture of the building material and the type, design and character
of all windows, doors, light fixtures, signs, and appurtenant elements
visible from any public way.
Such portion of the exterior of a building or structure as
is open to view from a public street, public way, public park, or
public body of water, including but not limited to the architectural
style and general arrangement and setting thereof, the kind, color
and texture of exterior building materials, the color of paint or
other materials applied to exterior surfaces and the type and style
of windows, doors, lights, signs, and other appurtenant exterior fixtures.
An area designated as a "historic district" by North Reading
Town Meeting.
With respect to land located in North Reading, the person,
corporation, or other legal entity listed as owner on the records
of the Middlesex South District Registry of Deeds.
Applicant, owner of adjoining property, an owner of property
within the same historic district as property within 100 feet of said
property lines or others as described in MGL c. 40C, § 5.
Any relocation of a building or structure on its site or
to another site.
Any change that is not construction, removal, or alteration.
Any combination of materials other than a building, including
a sign, fence, wall, terrace, walk or driveway.
A.
Membership. There is hereby established an historic
district commission to be known as the Historic District Commission
consisting of seven (7) residents all of whom shall be appointed by
the Select Board, including when possible one (1) of two nominees
representing the North Reading Historical and Antiquarian Society
from a list of nominees submitted by said organization; one (1) of
two nominees representing the local Board of Realtors from a list
of nominees submitted by said organization; one (1) of two nominees
representing the American Institute of Architects from a list of nominees
submitted by said organization; one (1) member who is a resident and/or
property owner in an historic district and three (3) members who are
residents of the town at-large. All requests to the above organizations
for nominees shall require a response within 30 days. In the event
of no response, the Select Board shall appoint any qualified resident.
[Amended 4-11-1996 ATM by Art. 19, approved 7-22-1996; 6-4-2018 ATM by Art. 28, approved 9-21-2018]
B.
Terms of office. The term of office of the members
of the Historic District Commission shall be for three (3) years,
excepting that the initial membership of the Historic District Commission
shall serve respectively for terms as follows: two (2) members shall
be appointed for one (1) year; two (2) members shall be appointed
for two (2) years; and three (3) members shall be appointed for three
(3) years. Successors shall each be appointed for a term of three
(3) years. Vacancies shall be filled within sixty (60) days by the
Select Board by appointment to the unexpired term. A maximum of three
alternate members shall be appointed to serve on the Commission. In
the absence of, or the disqualification of the regular members, alternates
shall be voting members. Terms of office for alternate members shall
be for one (1) year.
[Amended 4-11-1996 ATM by Art. 19, approved 7-22-1996; 6-4-2018 ATM by Art. 28, approved 9-21-2018]
C.
Compensation. All members and alternate members shall
serve without compensation.
D.
Officers. Officers shall consist of a Chairman, a
Vice-Chairman, and a Clerk elected by the members who each shall serve
a term of one (1) year and shall be eligible for re-election. The
Chairman shall preside over meetings. In the absence of the Chairman,
the Vice-Chairman shall perform the duties of the Chairman. If both
are absent, a Temporary Chairman shall be elected by those present.
The Clerk to the Historic District Commission shall have the following
duties.
(1)
Take minutes of each Historic District Commission
meeting;
(2)
Be responsible for publication and distribution of
copies of the minutes, reports, and decisions of the Historic District
Commission to the members of the Historic District Commission;
(3)
Give notice as provided herein or by law for all public
hearings conducted by the Historic District Commission;
(4)
Advise the Select Board of vacancies on the Historic
District Commission and expiring terms of members; and
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
(5)
Prepare and submit to the annual town report a complete
record of the proceedings before the Historic District Commission.
E.
Meetings. A quorum shall consist of a majority of
the members. All decisions or actions of the Historic District Commission
shall be made by a majority vote of those members present and voting
at any meeting where a quorum exists. Meetings shall be held at regularly
scheduled times to be established by resolution of the Historic District
Commission at the beginning of each calendar year or at any time upon
the call of the Chairman. No action shall be taken by the Commission
that could in any manner deprive or restrict the owner of a property
in its use, modification, maintenance, disposition, or demolition
until such owner shall first have had the opportunity to be heard
at a public meeting of the Historic District Commission, as provided
herein. All meetings of the Historic District Commission shall be
open to the public. The Historic District Commission shall keep minutes
of its proceedings showing the vote, indicating such facts, and shall
keep records of its examinations and other official actions, all of
which shall be filed in the office of the Town Clerk and shall be
a public record.
F.
Conflict of interest. No member of the Historic District
Commission shall vote on any matter that may materially or apparently
affect the property, income, or business interest of that member.
G.
Powers and duties. The Historic District Commission
shall have all the powers and duties of Historic District Commissions
pursuant to MGL c. 40C and subsequent amendments thereto. Unless specifically
limited by this bylaw, the Commission shall have regulatory control
over new construction, reconstruction, alterations, removals, and
demolition of all exterior architectural features of buildings and
structures within the historic district. In addition, the Historic
District Commission shall have the following powers and duties:
(1)
To adopt its own procedural rules and regulations
not inconsistent with the provisions of the Historic District Act
or this Historic District Bylaw;
(2)
To recommend to the Town Meeting the establishment
of areas having special historic, community or architectural value
as "Historic Districts";
(3)
To keep a register of all properties and structures
that have been designated as historic districts, including copies
of all information required for each designation;
(4)
To hold public hearings and to review applications
for construction, alteration, removal, or demolition affecting proposed
or designated buildings or structures within historic districts and
issue or deny certificates of appropriateness for such actions. Applicants
may be required to submit plans, drawings, elevations, specifications,
and other information as may be necessary to make decisions;
(5)
To consider applications for certificates of hardship
that would allow the performance of work for which a certificate of
appropriateness has been denied;
(6)
To develop specific design guidelines for the alteration,
construction, or removal of buildings and structures within historic
districts;
(7)
To review proposed zoning amendments, applications
for special use permits, or applications for zoning variances that
affect proposed or designated historic districts. The Community Planning
Commission or Zoning Board of Appeals shall send applications for
subdivisions, special permits, or variances to the Historic District
Commission for comment prior to the date of the hearing;
(8)
To call upon available Town staff members as well
as other experts for technical advice;
(9)
To retain such specialists or consultants or to appoint
such citizen advisory committees as may be required from time to time;
(10)
To periodically review the North Reading Zoning Bylaw
and to recommend to the Community Planning Commission any amendments
appropriate for the protection and continued use of property and structures
within historic districts; and
(11)
To undertake any other action or activity necessary
or appropriate to the implementation of its powers and duties or to
implementation of the purpose of this bylaw.
A.
Name of district. There is hereby established an historic
district in the Town of North Reading as shown on the Historic District
Map and designated as follows: Center Village Historic District -
CVHD.
B.
Area of district. The historic district is herein
established as an overlay district. The exact boundary lines of the
district shall be determined by the center of the solid boundary line(s)
as shown on the Historic District Map.
C.
Historic District Map.
(1)
The Historic District Map dated September 1, 1993,
along with district boundaries prepared by the Historic District Study
Committee and superimposed over the Town of North Reading's Assessor's
Map is hereby made a part of this bylaw and is on file with the Middlesex
South District Registry of Deeds and the North Reading Town Clerk.
(2)
Where the boundary lines are shown upon said map within
the right-of-way lines of public and private ways, the center lines
of such ways shall be the boundary lines.
(3)
Boundary lines located outside of such side lines
of public or private ways and shown approximately parallel thereto
shall be regarded as parallel to such side lines, and dimensions shown
in figures placed upon said map between such boundary lines and side
lines of public and private ways are the distance in feet of such
boundary lines from such side lines, such distance being measured
at right angles to such side lines unless otherwise indicated.
(4)
Where the boundary lines shown are approximately on
the location of property or lot lines, and the exact location of the
district or area boundary lines is not indicated by means of dimensions
shown in figures, then the property or lot lines shall be the boundary
lines.
(5)
In all cases which are not covered by other provisions
of this section, the location of boundary lines shall be determined
by the distance in feet, if given, from other lines upon said map,
by the use of identifications as shown on the map, or by the scale
of the map.
A.
Certificates. Except as this bylaw provides no building
or structure within an historic district shall be constructed or altered
in any way that affects exterior architectural features unless the
Commission shall first have issued a certificate of appropriateness,
a certificate of non-applicability, or a certificate of hardship with
respect to such construction or alteration; nor shall any building
permit or permit for demolition be issued by the Town or any department
thereof for any building or structure within an historic district
until the certificate required by this section has been issued by
the Commission.
B.
Applications.
(1)
Applications for certificates shall be filed with
the Historic District Commission in the Community Planning Commission's
office. Eight copies of all application materials shall be submitted
in the form specified by the Historic District Commission, and shall
include site plans, elevations and construction plans, drawn to scale,
detailed enough to show the architectural design of the structure
and its relation to existing buildings, and other materials deemed
necessary by the Commission. Plot and site plans should be filed when
the applicant proposes improvements affecting appearances, such as
walks, fences, steps, and paving. In the case of demolition or removal,
the applicant must include a statement of the proposed condition and
appearance of the property thereafter.
(2)
All site plans shall be signed and stamped by a registered
land surveyor; all architectural plans shall be signed and stamped
by a registered architect.
C.
Initial review. Within fourteen (14) days of the filing
of the application for any certificate, a determination shall be made
as to whether the application involves any exterior architectural
features which are subject to review and/or approval by the Commission.
D.
Public hearing. If the application requires the Commission's
review, or at the request of the applicant, the Commission shall hold
a public hearing, unless waived according to the Historic District
Act, MGL c. 40C, as amended. Public notice of the time, place and
purpose of the hearing shall be given at least fourteen (14) days
in advance and the Commission shall mail notice to all affected parties
by certified mail as provided in the Historic District Act as amended.
E.
Determination.
(1)
The Commission shall make a final determination on
an application within sixty (60) days of the filing or within such
further time as the applicant may allow in writing.
(2)
Written notice of the approval or denial of the application
for a certificate of appropriateness shall be provided to the applicant
and the Building Department within ten (10) days following the determination
and shall be accompanied by a certificate of appropriateness in the
case of an approval.
[Added 10-2-2000 ATM by Art. 9, approved 3-29-2001]
F.
Conditions of approval. In deciding upon matters before
it, the Commission shall consider, among other things, the historic
and architectural value and significance of the site, building or
structure; the general design, arrangement, texture, material, and
color of the features involved; and the relation of such features
to similar features of buildings and structures in the surrounding
area. In the case of new construction or additions to existing buildings
or structures, the Commission shall consider the appropriateness of
the size, shape, and material of the building or structure both in
relation to the land area upon which the building or structure is
situated and to the buildings or structures in the vicinity, and the
Commission may, in appropriate cases, impose dimensional and setback
requirements in addition to those required by applicable zoning bylaws.
G.
Recommendations and requirements. The Historic District
Commission shall not make any recommendations or requirements with
regard to new construction, reconstruction, or additions, except for
the purpose of preventing development incongruous with the historic
aspects and/or architectural characteristics of the surroundings and
of the historic district.
H.
Changes in material. Any change in material, including,
but not limited to, the painting of a previously unpainted surface,
the removal of paint from a previously painted surface, or the covering
of a surface with artificial siding, shall require the review and
approval of the Historic District Commission as set forth in this
bylaw.
I.
Denial of a certificate of appropriateness.
(1)
A denial of a certificate of appropriateness shall
be accompanied by a statement of the reasons for the denial. The Historic
District Commission shall make recommendations to the applicant concerning
changes, if any, in the proposed action that would cause the Historic
District Commission to reconsider its denial and shall confer with
the applicant and attempt to resolve as quickly as possible the differences
between the owner and the Historic District Commission. The applicant
may resubmit an amended application within fourteen (14) days that
takes into consideration the recommendations of the Historic District
Commission.
(2)
Each certificate shall be dated and signed and the
Commission shall keep a permanent record of its determinations and
of the vote of each member participating therein, and shall file a
copy of notice of certificates and determinations or disapprovals
with the Town Clerk and Building Inspector.
J.
Certificate of hardship.
(1)
If an application is deemed inappropriate or if application
is specifically made for a certificate of hardship, the Commission
may issue a certificate of hardship if conditions especially affecting
the building or structure involved, but not affecting the historic
district generally, would result in a substantial hardship to the
applicant and if approval would not result in a substantial detriment
to the public welfare or substantially derogate from the intent and
purposes of the Historic District Act. A certificate of hardship shall
also be issued in the event that the Commission does not make a determination
on an application within the time specified in this bylaw.
(2)
Application for certificate of hardship shall be made
on a form prepared by the Historic District Commission. The Historic
District Commission shall schedule a public hearing concerning the
application and provide notice in the same manner as described above,
and any person may testify at the hearing concerning hardship in the
same manner.
(3)
The Historic District Commission may solicit expert
testimony or require that the applicant for a certificate of hardship
make submissions concerning any or all of the following information
depending upon the circumstances of the hardship being claimed, before
it makes a determination on the application:
(a)
Estimate of the cost of the proposed construction,
alteration, demolition, or removal and an estimate of any additional
cost that would be incurred to comply with the recommendations of
the Historic District Commission for changes necessary for the issuance
of a certificate of appropriateness;
(b)
A report from a licensed engineer or architect
with experience in rehabilitation as to the structural soundness of
any structures on the property and their suitability for rehabilitation;
(c)
Estimated market value of the property in its
current condition; after completion of the proposed construction,
alteration, demolition, or removal; after any changes recommended
by the Historic District Commission; and, in the case of a proposed
demolition, after renovation of the existing property for continued
use;
(d)
In the case of a proposed demolition, an estimate
from an architect, developer, real estate consultant, appraiser, or
other real estate professional experienced in rehabilitation as to
the economic feasibility of rehabilitation or reuse of the existing
structure on the property;
(e)
All appraisals obtained within the previous
two years by the owner or applicant in connection with the purchase,
financing, or ownership of the property;
(f)
Assessed value of the property according to
the two most recent assessments;
(g)
Form of ownership or operation of the property,
whether sole proprietorship, for-profit or not-for-profit corporation,
limited partnership, joint venture, or other;
(h)
Any other information considered necessary by
the Historic District Commission to make a determination as to whether
the property does yield or may yield a reasonable return to the owners.
K.
Determination of hardship. The Commission shall review
all the evidence and information required of an applicant for a certificate
of hardship and make a determination within sixty (60) days of receipt
of the application whether the denial of a certificate of appropriateness
would deprive the owner of the property of reasonable use of, or economic
return on, the property. Written notice of the determination shall
be provided in the same manner as required above.
L.
Certificate of non-applicability.
(1)
Upon request, the Commission may issue a certificate
of non-applicability to any applicant whose proposed work does not
require Commission approval.
(2)
In order for the Historic District Commission to issue
a certificate of non-applicability, it must first find that the proposed
work does not require the issuance of a certificate of applicability
or a certificate of hardship and that the proposed work will not adversely
affect the character or nature of the historic district in which it
is proposed.
M.
Standards for review. In considering an application
for a building or demolition permit or for a certificate of appropriateness,
the Historic District Commission shall be guided by the following
general standards in addition to any design guidelines in the bylaw
designating the historic district. All applications shall comply as
much as possible to the guidelines set forth in the 1990 revised version
of the Secretary of the Department of the Interior's Standards for
Rehabilitation.
(1)
Every reasonable effort shall be made to provide a
compatible use for a property that requires minimal alteration of
the building, structure, or site and its environment, or to use a
property for its originally intended purpose.
(2)
The distinguishing original qualities or character
of a building, structure, or site and its environment shall not be
destroyed. The removal or alteration of any historic material or distinctive
architectural feature should be avoided when possible.
(3)
All buildings, structures, and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and that seek to create an earlier or later appearance shall
be discouraged.
(4)
Changes that may have taken place in the course of
time are evidence of the history and development of a building, structure,
or site and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and
respected.
(5)
Distinctive stylistic features or examples of skilled
craftsmanship that characterize a building, structure, or site shall
be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired
rather than replaced, wherever possible. In the event replacement
is necessary, the new material should match the material being replaced
in composition, design, color, texture, and other visual qualities.
Repair or replacement of missing architectural features should be
based on accurate duplication of features, substantiated by historic,
physical, or pictorial evidence, rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures.
(7)
The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sandblasting and other cleaning
methods that will damage the historic building materials shall not
be undertaken.
(8)
Every reasonable effort shall be made to protect and
preserve archaeological resources affected by, or adjacent to, any
project.
(9)
Contemporary design for alterations and additions
to existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural,
or cultural material, and such design is compatible with the size,
scale, color, material, and character of the property, neighborhood,
or environment.
N.
Design guidelines. In applying the standards for review
for certificates of appropriateness, the Historic District Commission
shall, at a minimum, consider the following architectural criteria:
(1)
Height. The height of any proposed alteration or construction
should be compatible with the style and character of the building
or structure and with surrounding structures in a historic district.
(2)
Proportions of windows and doors. The proportions
and relationships between doors and windows should be compatible with
the architectural style and character of the building or structure
and with surrounding buildings or structures within a historic district.
(3)
Relationship of building masses and spaces. The building
or structure within a historic district and the open space between
it and adjoining structures should be compatible.
[Amended 10-2-2000 ATM by Art. 9, approved 3-29-2001]
(4)
Roof shape. The design of the roof should be compatible
with the architectural style and character of the building and surrounding
buildings in a historic district.
(5)
Landscaping. Landscaping should be compatible with
the architectural character and appearance of the property and of
surrounding buildings, structures and landscapes in historic districts.
(6)
Scale. The scale of the building or structure after
alteration, construction, or partial demolition should be compatible
with its architectural style and character and with surrounding buildings
or structures in a historic district.
(7)
Directional expression. Facades in historic districts
should blend with other buildings with regard to directional expression.
Buildings in a historic district should be compatible with the dominant
horizontal or vertical expression of surrounding structures. The directional
expression of a building after alteration, construction, or partial
demolition should be compatible with its original architectural style
and character.
(8)
Architectural details. Architectural details including
materials, colors, and textures should be treated so as to make a
building compatible with its original architectural style and character
and to preserve and enhance the architectural style or character of
a building or historic district.
O.
Appeals. Any party aggrieved by a determination of
the Historic District Commission may, within twenty (20) days after
the filing of the notice of such determination with the North Reading
Town Clerk, appeal to the Superior Court sitting in equity pursuant
to MGL c. 40C, § 12A.
A.
Certificate of appropriateness. A certificate of appropriateness
shall be required before the following actions affecting the exterior
architectural feature of any building or structure within an historic
district may be undertaken:
(1)
Any construction, alteration, or removal requiring
a building permit from the Town of North Reading;
(2)
Any demolition in whole or in part requiring a permit
from the Town of North Reading;
(3)
Any construction, alteration, demolition, or removal
affecting any significant exterior architectural feature as specified
in this bylaw.
B.
Applications for permits. Every application for a
demolition permit or a building permit, including the accompanying
plans and specifications, affecting the exterior architectural appearance
of a property within a designated historic district shall be forwarded
by the Building Department to the Historic District Commission within
seven (7) days following receipt of the application by the Building
Department. The Building Department shall not issue the building or
demolition permit until and unless a certificate of appropriateness
has been issued by the Historic District Commission. Any applicant
may request a meeting with the Historic District Commission before
the application is sent by the Building Department to the Historic
District Commission or during the review of the application.[1]
A.
Designation of historic districts. Designations shall
be made to the Historic District Commission on a form prepared by
it and may be submitted by a member of the Historic District Commission,
Historical Commission, owners of record of the designated properties,
or any other person or organization.
B.
Criteria for consideration of designation. The Historic
District Commission shall, upon such investigation as it deems necessary,
make a determination as to whether a designated area meets one or
more of the following criteria:
(1)
Its character, interest, or value as part of the development,
heritage, or cultural characteristics of the community, county, state,
or country;
(2)
Its location as a site of a significant local, county,
state, or national event;
(3)
Its identification with a person or persons who significantly
contributed to the development of the community, county, state, or
country;
(4)
Its embodiment of distinguishing characteristics of
an architectural style valuable for the study of a period, type, method
of construction, or use of indigenous materials;
(5)
Its identification as an area of the work of a master
builder, designer, architect, or landscape architect whose individual
work has influenced the development of the community, county, state
or country;
(6)
Its embodiment of elements of design, detailing, materials,
or craftsmanship that render it architecturally significant;
(7)
Its embodiment of design elements that make it structurally
or architecturally innovative;
(8)
Its unique location or singular physical characteristics
that make it an established or familiar visual feature;
(9)
Its character as a particularly fine or unique example
of a utilitarian structure, including, but not limited to farmhouses,
gas stations, or other commercial structures, with a high level of
integrity or architectural significance; and/or
(10)
Its suitability for preservation or restoration.
C.
Any area that meets one or more of the above criteria
shall also have sufficient integrity of location, design, materials,
and workmanship to make it worthy of preservation or restoration.
D.
Notification of designation. The Historic District
Commission shall transmit copies of reports to the North Reading Community
Planning Commission, North Reading Historical Commission, and to the
Massachusetts Historical Commission for recommendations within 60
days of the Historic District Commission's decision to establish an
historic district.
E.
Public hearing.
(1)
A public hearing shall be held by the Historic District
Commission on the report not less than sixty (60) days after the transmittal
of the report to the Community Planning Commission, North Reading
Historical Commission and Massachusetts Historical Commission.
(2)
Due notice of public hearing shall be given at least
fourteen (14) days prior to the scheduled date of the public hearing
to all owners of property within the proposed historic district as
they appear on the most recent Tax Assessor's list.
(3)
Oral or written testimony concerning the significance
of the designated historic district shall be taken at a public hearing
from any party concerning the nomination. The Historic District Commission
may present expert testimony or present its own evidence regarding
the compliance of the designated historic district with the criteria
for consideration of a nomination. The owner of any property within
a nominated historic district shall be allowed reasonable opportunity
to present evidence regarding significance and shall be afforded the
right of representation by counsel and reasonable opportunity to cross-examine
expert witnesses. The hearing shall be closed upon completion of testimony.
F.
Adoption. The Historic District Commission shall submit
a final report, complete with recommendations and a map showing the
proposed location of an historic district to the North Reading Town
Meeting. A two-thirds majority vote of the Town Meeting shall be required
in order to establish an historic district.
G.
Interim control. No building permit shall be issued
by the Building Department for alteration, construction, demolition,
or removal of a designated historic district or of any property or
structure within a designated historic district from the date of the
meeting of the Historic District Commission at which a designation
form is first presented until the final disposition of the designation
by Town Meeting. In no event shall the delay be for more than one
hundred eighty (180) days.
If any section, subsection, sentence, clause,
phrase or section of this Historic District Bylaw is for any reason
held invalid, illegal or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity
of any remaining portions hereof.
Following Town Meeting approval, this bylaw
shall take effect immediately when the following conditions have been
met:
A.
Violations. The provisions of this bylaw may be enforced
by noncriminal disposition pursuant to the provisions of Massachusetts
General Laws, Chapter 40, Section 21D. The Building Inspector shall
be the enforcing official. Upon taking cognizance of a violation of
a specific Historic District Bylaw, as an alternative to initiating
criminal proceedings, he may give to the offender a written citation
of violation.
B.
Penalties. Each day, or portion of a day, that any
violation is allowed to continue shall constitute a separate offense.
The penalty for violation of any provision of this bylaw shall be
as follows: $300.00 per day per violation.
