[HISTORY: Adopted by the City Council of the City of Quincy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1993 as
Ch. 2.124 of the 1993 Code]
The ordinance codified in this article shall be known and may
be cited as the "Historic Districts Ordinance" of the City of Quincy
and is adopted pursuant to the provisions of MGL c. 40C, as amended.
The purpose of this article is to promote the educational, cultural,
economic and general welfare of the public through the preservation
and protection of the distinctive characteristics of buildings and
places significant in the history of the City, or its architecture,
and through the maintenance and improvement of settings for such buildings
and places and the encouragement of design compatible therewith. Regulations
may be promulgated by the Historical Commission, in accordance with
the provisions of MGL c. 40C, in order to fulfill the purposes of
this article.
As used in this article, the following terms shall have the
meanings indicated:
Includes the words "rebuilt," "reconstructed," "restored,"
"removed" and "demolished" and the phrase "changed in exterior color."
A combination of materials forming a shelter for persons,
animals or property.
The Commission acting as the Historical Commission.
Includes the words "built," "erected," "installed," "enlarged"
and "moved."
Such portion of the exterior of the 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 applicant, an owner of property adjoining the property
of an applicant, an owner of property within the same historic district
as the property of an applicant and within 100 feet of said property
as measured from a property line, and any charitable corporation which
one of whose purposes is the preservation of historic structures or
districts.
A combination of materials other than a building, including
a sign, fence, wall, terrace, walk or driveway.
A.
In accordance with the provisions of MGL c. 40, § 8D, and
MGL c. 40C, §§ 4 and 14, an Historical Commission shall
be appointed by the Mayor. The Commission shall consist of seven citizens
of the City appointed for three-year terms, with the terms of either
two or three members expiring each year. Seven alternate members shall
be appointed in a like manner. Vacancies shall be filled in the same
manner as the original appointment for an unexpired term. One regular
member and one alternate member respectively shall be appointed from
at least three nominees submitted by the Boston chapter of the American
Institute of Architects, from at least three nominees submitted by
the Quincy Historical Society and from at least three nominees submitted
by the South Shore Board of Realtors. One regular and one alternate
member shall be appointed, where possible, from among the residents
or property owners of the historic districts, and three regular and
three alternate members shall be appointed at large. If within 30
days after submission of a request for nominees to an organization
entitled to submit nominations for membership on the Commission no
such nominations have been made, the Mayor may proceed to make the
appointments to the Commission without nomination by such organization.
B.
In case of the absence, inability or unwillingness to act of a member
of the Commission, his or her place shall be taken by an alternate
member designated by the Chairperson. Each member and alternate shall
continue in office until the expiration of his or her term or until
his or her successor is duly appointed and qualified. All members
shall serve without compensation. The Commission shall annually elect
a Chairperson and Vice Chairperson from its number and a Secretary
from within or without its number.
A.
The Commission shall, by majority vote of the members thereof, promulgate
appropriate procedural rules and regulations for the calling of meetings,
the calling and conduct of hearings, the issuance and filing of certificates
and other determinations, and the keeping of records, provided that
the same shall be consistent with the requirements of MGL c. 40C,
§§ 10 and 11, and other provisions of this article.
B.
The Commission may, after public hearing, set forth in such manner
as it may determine the various designs of certain appurtenances,
such as signs or lighting fixtures, which will meet the requirements
of an historic district and a roster of certain colors of paint and
roofing materials which will meet the requirements of an historic
district, but no such determination shall limit the right of an applicant
to present other designs or colors to the Commission for its approval.
The Commission shall, subject to appropriation, prepare and publish
architectural and design guidelines for the construction and alteration
of buildings and structures within historic districts.
C.
The Commission may, where certain construction or alteration is otherwise
inappropriate, nevertheless determine that, owing to conditions especially
affecting the building or structure involved, but not affecting the
historic district generally, failure to approve an application will
involve a substantial hardship, financial or otherwise, to the applicant
and that such application may be approved without substantial detriment
to the public welfare and without substantial derogation from the
intent and purposes of this article. If the Commission so determines,
it shall cause a certificate of hardship to be issued to the applicant.
D.
The Commission may, subject to appropriation, employ clerical and
technical assistants or consultants and incur other expenses appropriate
to the carrying on of its work and may accept money gifts and expend
the same for such purposes.
E.
The Commission shall have the powers, authority and duties of an
Historical Commission as provided in MGL c. 40, § 8D.
F.
The Commission shall have, in addition, the powers, authority and
duties granted to it by the ordinance codified in this article, as
it may from time to time be amended.
[Amended by Order No. 97-337]
A.
When required. Except as otherwise provided in § 180-8 or 180-9, no building or structure within an historic district shall be constructed or altered in any way that affects an exterior architectural feature unless the Commission shall first have issued a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship with respect to such construction or alteration.
B.
Application; required contents. Any person who desires to obtain
a certificate from the Commission shall file with the Commission an
application therefor in such form as the Commission may reasonably
determine, together with such plans, elevations, specifications, material
or other information, including, in the case of demolition or removal,
a statement of the proposed condition and appearance of the property
thereafter, as may be reasonably deemed necessary by the Commission
to enable it to make a determination on the application.
C.
Required for building permit issuance. No building permit for construction
of a building or structure or for alteration of an exterior architectural
feature within an historic district and no demolition permit for demolition
or removal of a building or structure within an historic district
shall be issued by the Director of Inspectional Services until the
certificate required by this section has been issued by the Commission.
A.
In passing on 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 and shape of the building or structure,
both in relation to the land area upon which the building or structure
is situated and to buildings and structures in the vicinity, and the
Commission may, in appropriate cases, impose dimensional and setback
requirements in addition to those required by other applicable laws
and ordinances. The Commission shall not consider interior arrangements
or architectural features not subject to public view.
B.
The Commission shall not make any recommendation or requirement except
for the purpose of preventing developments incongruous to the historic
aspects or the architectural characteristics of an historic district.
A.
The authority of the Commission shall not extend to the reconstruction,
if substantially similar in exterior design, of a building, structure
or exterior architectural feature damaged or destroyed by fire, storm
or other disaster, provided that such reconstruction is begun within
one year of the damage or destruction and carried forward with due
diligence.
B.
The Commission may determine from time to time after public hearing
that certain categories of exterior architectural features, if the
provisions of applicable laws or ordinances do not limit the authority
of the Commission with respect thereto, may be constructed or altered
without review by the Commission without causing substantial derogation
from the intent and purposes of this article.
C.
Upon request, the Commission shall issue a certificate of nonapplicability
with respect to construction or alteration in any category then not
subject to review by the Commission in accordance with this section.
Nothing in this article shall be construed to prevent the ordinary
maintenance, repair or replacement of any exterior architectural feature
within an historic district which does not involve a change in design,
material, color or the outward appearance thereof; nor to prevent
landscaping with plants, trees or shrubs; nor construed to prevent
the meeting of a requirement certified by a duly authorized public
officer to be necessary for public safety because of an unsafe or
dangerous condition; nor construed to prevent any construction or
alteration under a permit duly issued prior to the effective date
of the ordinance codified in this article.
Any person aggrieved by a determination of the Commission may,
within 20 days after the filing of the notice of such determination
with the City Clerk, appeal to the Superior Court for Norfolk County,
in accordance with the provisions of MGL c. 40C, § 12A.
[Amended by Order No. 97-337]
A.
The Superior Court for Norfolk County may, in accordance with the
provisions of MGL c. 40C, § 13, enforce the provisions of
this article and any determination, ruling or regulation issued pursuant
thereto and may, upon the petition of the Commission or at the request
of the Commission or the Director of Inspectional Services, restrain
by injunction violations thereof, and, without limitation, such court
may order the removal of any building, structure or exterior architectural
feature constructed in violation thereof, or the substantial restoration
of any building, structure or exterior architectural feature altered
or demolished in violation thereof, and may issue such other orders
for relief as may be equitable.
B.
Whoever violates any of the provisions of this article shall, in
addition to such other penalty as may be provided by law, be subject
to a fine of $100, imposed by the Commission through the Director
of Inspectional Services or designee of the Mayor, as a noncriminal
disposition pursuant to MGL c. 40, § 21D. Each day during
any portion of which a violation continues to exist shall constitute
a separate offense. The Director of Inspectional Services or designee
of the Mayor shall permit a grace period of seven days after notice
of a violation prior to the imposition of a fine.
[Adopted 5-17-1993 as
Ch. 15.24 of the 1993 Code]
The Quincy Center Historic District and the Adams Birthplace
Historic District shall be administered by the Historical Commission
of the City in accordance with the provisions of MGL c. 40C.
A.
Required
for certain construction. No exterior changes or new construction
which requires a permit from another City agency or which affects
the color of paint or the appearance of walls and fences, driveways,
sidewalks or similar structures shall be undertaken within an historic
district unless the Commission shall first have issued a certificate
of appropriateness, a certificate of hardship or a certificate of
nonapplicability with respect to such construction or alteration.
B.
Commission
duties. The Commission shall be responsible for making a determination
on all applications filed with it. Within 45 days of the filing of
the application, the Commission must issue a certificate of appropriateness,
certificate of hardship, or certificate of nonapplicability or issue
a disapproval of an application.
C.
Proof
of issuance required. No board, commission, department or agency of
the City shall give final approval to the construction or exterior
alteration of a building within an historic district without first
receiving proof that the property owner has obtained a certificate
of appropriateness or a certificate of hardship from the Commission.
D.
Certificate
of hardship. A certificate of hardship shall be issued by the Historical
Commission when a proposed construction, alteration or demolition
of an exterior building feature is determined to be inappropriate
but, owing to conditions especially affecting the building or structure
involved, but not affecting the historic district generally, failure
to approve an application will involve substantial hardship, financial
or otherwise, to the applicant. In order to issue a certificate of
hardship, the Historical Commission must demonstrate:
(1)
The difficulty and hardship found is inherent in the particular building
or structure;
(2)
Exterior change will not alter the essential character of the historic
district;
(3)
Relief may be provided without detriment to the public good;
(4)
Hardship or difficulty would be caused by the restrictions contained
in this article; and
(5)
Relief is provided without nullifying the intent of this article.
No demolition of any building cited on List A, titled "Certificate
of Appropriateness for Demolition Required," on file in the office
of the City Clerk and made part of this article, shall be undertaken
within an historic district unless the Commission shall first have
issued a certificate of appropriateness or a certificate of hardship
with respect to such demolition. No board, commission, department
or agency of the City shall give final approval to the demolition
of any building cited on List A without first receiving proof that
the property owner has obtained a certificate of appropriateness or
a certificate of hardship from the Commission. Demolition of any building
within the historic districts, other than those cited on List A, does
not require a certificate from the Commission.
The Commission shall submit all determinations regarding major
new developments or major rehabilitation projects and the reasons
for such determinations to the City Council. The City Council shall
then review the proposal and shall annul the determination of the
Commission if it finds the decision of the Commission inconsistent
with the City's future growth objectives and the objectives of this
article. Major new developments and major rehabilitation are defined
to be projects with a gross building floor equal to or greater than
30,000 square feet.
