[Adopted 8-5-2008]
[Amended 10-12-2010]
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 associated with the history
of or indicative of a period of style of architecture of the Unionville
section of the Town of Farmington, State of Connecticut and the United
States of America and through the development of appropriate settings
for such buildings and places, there is hereby established a set of
historic districts in Unionville as well as a number of historic properties
both of which are more particularly bounded and described as follows:
A.
The Cottage Street Historic District runs along Cottage Street, encompassing
contiguous buildings numbered 42, 43, 45, and 48. At the north end
of the street, the district encompasses Lion's Park (lot #8A) and
north and south of that, Suburban Park (lot #45), the canal bed (lot
#62) and Brook's Common (lot #6C). From the western boundaries of
Lion's Park and Suburban Park, the district runs further west to encompass
Hillside Cemetery (lot #99), Tunxis Hose Firehouse (lot #3), and the
lot at the corner of Farmington Avenue and Lovely Street (lot #2).
The district ends at Route 177 (Lovely Street).
B.
The Avenue Historic District encompasses the northern property line
of 1774 Farmington Avenue, the western property lines of 1774 and
1773 Farmington Avenue, along the northern bank of the Farmington
River and the eastern property lines of 1773 and 1774 Farmington Avenue.
C.
The Merriman Street Historic District runs along Merriman Street,
the eastern property line of 38 Merriman Street, the southern property
lines of 38 and 30 Merriman Street and the western property line of
30 Merriman Street.
D.
The Lovely-Main Historic District runs along Lovely Street, the eastern
property lines of 111 and 99 Lovely Street, the southern property
line of 99 Lovely Street, the eastern property line of 120 Main Street,
the southern property line of 120 Main Street, the western property
line of 120 Main Street (the Main Street frontage), the northern property
line of 120 Main Street, the western property lines of 99 and 111
Lovely Street, and the northern property line of 111 Lovely Street.
Cross to the east side of Lovely Street, along the frontage of 126
Lovely Street, to the southwest corner of 132 Lovely Street, along
the southern property line of 132 Lovely Street, the eastern property
line of 132 Lovely Street, the northern property line of 132 Lovely
Street, and the western property line of 132 Lovely Street.
[Amended 7-13-2021]
E.
The Main Street West Historic District runs along Main Street, the
western property line of 206 Main Street, the northern property lines
of 206 and 198 Main Street and then along Bidwell Square.
F.
The Clover Pinney Park Historic District runs along Elm Street, the
northern property line of 20-22 Maple Avenue, the eastern property
line of 20-22 Maple Avenue, the eastern and southern property lines
of Clover Pinney Park, the southern and western property lines of
28 Elm Street, the western property line of 52-56 Maple Avenue, the
northern property line of 52-56 Maple Avenue, the northern property
line of 42-44 Maple Avenue, the eastern property line of 42-44 Maple
Avenue, the southern property line of 38 Maple Avenue, the western
property line of 20 Elm Street, the northern property line of 20 Elm
Street and closing on Elm Street.
[Amended 2-10-2015; 9-11-2018]
G.
The School Street Historic District runs along the eastern, northern
and western property lines of 10 School Street, the westerly property
line of 23 School Street, the southerly property line of 23, and 15
School Street, and the easterly property line of 15 School Street.
H.
The Farmington River Historic District runs along the northern property
line of 1761 Farmington Avenue, 1755 Farmington Avenue and Yodkins-Morin
Park, the eastern property line of Yodkins-Morin Park, the southern
property line of Yodkins-Morin Park, 1755 Farmington Avenue and 1761
Farmington Avenue, bordering the Farmington River, and the western
property line of 1761 Farmington Avenue.
I.
1685 Farmington Avenue.
J.
1781 Farmington Avenue.
K.
54-56 Maple Avenue.
L.
11 Progress Avenue.
M.
71 Lovely Street.
N.
60 Main Street.
O.
169 Lovely Street.
[Added 2-10-2015]
P.
10 Walnut Street.
[Added 2-10-2015]
Q.
230 Main Street.
[Added 9-11-2018]
R.
796 Plainville
Avenue.
[Added 7-13-2021]
Terms within this chapter are to be defined
in accordance with General Statutes of the State of Connecticut, § 7-147a
et seq.
A.
The Unionville Historic District and Properties Commission
is hereby established, which shall consist of five (5) members and
three (3) alternate members, all of whom shall be electors of the
Second District of the Town of Farmington holding no salaried town
office. The members of said Commission shall be appointed by the Town
Council. The regular members shall be appointed in such a manner that
the term of at least one (1) member shall expire each year, with their
successors to be appointed in like manner for terms of five (5) years.
Alternate members shall be appointed for terms of three (3) years.
The Town Council members are further empowered to make appointments
to fill vacancies, which appointments shall be for the duration of
the vacated unexpired term. At least one member of the Commission
shall be a resident within the Historic District, if any persons residing
in the Historic District are willing to serve.
B.
Within a period of thirty (30) days after the appointment
of the original members of the Commission and annually thereafter,
the regular members shall meet and elect a Chairman, Vice Chairman
and Clerk from among the membership. Alternate members shall not participate
in any election of officers of the Commission. In all other matters,
in case of an inability to act because of absence, sickness or disqualification
on the part of any member of the Commission, that Commissioner's place
shall be taken by an alternate member designated by the Chairman,
choosing alternates in rotation so that they shall act as nearly an
equal number of times as possible. All members shall serve without
compensation. The Commission shall adopt rules of procedure not inconsistent
with the provisions of the General Statutes of the State of Connecticut
and may, subject to appropriation, employ clerical or technical assistance
or consultants and may accept money gifts and expend the same for
such purposes.
The Unionville Historic District and Properties
Commission shall have powers and perform such functions and shall
be subject to such limitations as shall, from time to time, be provided
by General Statutes of the State of Connecticut, § 7-147a
et seq.
The Commission shall fix the time and place
of its regular meetings and provide a method for calling special meetings.
The presence of four members shall constitute a quorum, and no resolution
or vote, except a vote to adjourn or fix the time and place of its
next meeting, shall be adopted by less than three affirmative votes.
A.
No building or structure shall be erected or altered
within the Historic District or within the boundaries of an historic
property until after an application for a certificate of appropriateness
as to exterior architectural features has been submitted to and approved
by the Commission.
B.
No building permit for erection of a building or structure
or for alteration of an exterior architectural feature within the
Historic District or within the boundaries of an historic property
and no demolition permit for demolition or removal of a building or
structure within the Historic District or within the boundaries of
an historic property shall be issued by the Town or any department,
agency or official thereof until a certificate of appropriateness
has been issued. A certificate of appropriateness shall be required
whether or not a building permit is required.
C.
The Commission may request such plans, elevations,
specifications, material and other information, including, in the
case of demolition or removal, a statement of the proposed condition
and appearance of the property after such demolition or removal, as
may be reasonably deemed necessary by the Commission to enable it
to make a determination on the application. The style, material, size
and location of outdoor advertising signs and billposters within the
Historic District or within the boundaries of an historic property
shall also be under the control of such Commission. The provisions
of this section shall not be construed to extend to the color of paint
used on the exterior of any building or structure.
D.
No area within the Historic District or within the
boundaries of an historic property shall be used for industrial, commercial,
business, home industry or occupational parking, whether or not such
area is zoned for such use, until after an application for a certificate
of appropriateness as to parking has been submitted to the Commission
and approved by said Commission. The provisions of this section shall
apply to the enlargement or alteration of any such parking area in
existence on October 1, 1973.
E.
The Commission shall hold a public hearing upon each
application for a certificate of appropriateness, unless the Commission
determines that such application involves items not subject to approval
by it. The Commission shall fix a reasonable time and place for such
hearing. Notice of the time and place of such hearing shall be given
by publication in the form of a legal advertisement appearing in a
newspaper having a substantial circulation in the municipality not
more than fifteen (15) days nor less than five (5) days before such
hearing. For all applications, the Planning Department shall mail
notice of the public hearing no later than ten (10) days before such
hearing by certified mail, return receipt, to all owners of property
abutting any boundary of the property which is the subject of the
application. The names and addresses used shall be those as recorded
in the office of the Town Assessor on the date the application is
filed. In the case where a property requiring notice has been submitted
to common-interest ownership, such as a condominium, the required
notice need only be sent to the homeowners' association. In addition,
the applicant shall post a notification sign provided by the Planning
Department on the property at least seven days prior to the date of
the public hearing.
F.
Within not more than 65 days after the filing of an
application as required by C.G.S. § 7-147d or 7-147s, as
amended, the Commission shall pass upon such application and shall
give written notice of its decision to the applicant. When a certificate
of appropriateness is denied, the Commission shall place upon its
records and in the notice to the applicant the reasons for its determination.
In the notice to the applicant, the Commission may make recommendations
relative to design, arrangement, texture, material and similar features.
The Commission may issue a certificate of appropriateness with stipulations.
Evidence of approval, as referred to in C.G.S. § 7-147d
or 7-147s, shall be by certificate of appropriateness issued by the
Commission. Failure of the Commission to act within said 65 days shall
constitute approval, and no other evidence of approval shall be needed.
A.
If the Commission determines that the proposed erection,
alteration or parking will be appropriate, it shall issue a certificate
of appropriateness. In passing on appropriateness as to exterior architectural
features, buildings or structures, the Commission shall consider,
in addition to other pertinent factors, the type and style of exterior
windows, doors, light fixtures, signs, aboveground utility structures,
mechanical appurtenances and the type and texture of building materials.
In passing upon appropriateness as to exterior architectural features,
the Commission shall also consider, in addition to any other pertinent
factors, the historical and architectural value and significance,
architectural style and pertinent features of other buildings and
structures in the immediate neighborhood. No application for a certificate
of appropriateness for an exterior architectural feature, such as
a solar energy system, designed for the utilization of renewable resources
shall be denied, unless the Commission finds that the feature cannot
be installed without substantially impairing the historic character
and appearance of the district. A certificate of appropriateness for
such a feature may include stipulations requiring design modifications
and limitations on the location of the feature, which do not significantly
impair its effectiveness. In passing upon appropriateness as to parking,
the Commission shall take into consideration the size of such parking
area, the visibility of cars parked therein, the closeness of such
area to adjacent buildings and other similar factors. In passing upon
the appropriateness of alterations to earthworks or sites of historic
or archaeological importance, the Commission shall consider, in addition
to any other pertinent factors, their value and significance, size,
design, arrangement, texture and materials.
B.
In its deliberations, the Commission shall act only
for the purpose of controlling the erection or alteration of buildings,
structures or parking which are incongruous with the historic or architectural
aspects of the district. The Commission shall not consider interior
arrangement or use. However, the Commission may recommend adaptive
reuse of any buildings or structures within the district compatible
with the historic architectural aspects of the district.
Where, by reason of topographical conditions,
district borderline situations or because of other unusual circumstances
solely with respect to a certain parcel of land and not affecting
generally the district in which it is situated, the strict application
of any provision of C.G.S. §§ 7-147a to 7-147y, inclusive,
as amended, would result in exceptional practical difficulty or undue
hardship upon the owner of any specific property, the Commission,
in passing upon applications, shall have the power to vary or modify
strict adherence to said sections or to interpret the meaning of said
sections so as to relieve such difficulty or hardship, provided that
such variance, modification or interpretation shall remain in harmony
with the general purpose and intent of said sections so that the general
character of the district shall be conserved and substantial justice
done or, as to an historic property, the historic and architectural
aspects of the historic property conserved. In granting variations,
the Commission may impose such reasonable and additional stipulations
and conditions as will, in its judgment, better fulfill the purposes
of said sections. In addition to the filing required by Subsection
(b) of C.G.S. § 7-147e or 7-147v, the Commission shall,
for each variation granted, place upon its records and in the notice
to the applicant the reason for its determinations.
A.
If any provision of C.G.S. §§ 7-147a
to 7-147y, inclusive, as amended, or any action taken or ruling made
by the Historic District Commission pursuant to the provisions of
said sections or of any regulation or ordinance adopted under said
sections has been violated, the Commission may, in addition to other
remedies, institute an action in the Superior Court for the judicial
district wherein such violation exists, which Court shall have jurisdiction
to restrain such violation and to issue orders directing that the
violation be corrected or removed. Such order may direct the removal
of any building, structure or exterior architectural feature erected
in violation of said sections or any bylaw or ordinance adopted under
said sections or the substantial restoration of any building, structure
or exterior architectural feature altered or demolished in violation
of said sections or any regulation or ordinance adopted under said
sections. Regulations and orders of the Commission issued pursuant
to said sections or to any regulation or ordinance adopted under said
sections shall be enforced by the Zoning Enforcement Officer or Building
Official or by such other person as may be designated by ordinance
who may be authorized to inspect and examine any building, structure,
place or premises and to require, in writing, the remedying of any
condition found to exist therein or thereon in violation of any provision
of the regulations or orders made under the authority of said sections
or of any regulation or ordinance adopted under said sections.
B.
The owner or agency of any building, structure or
place where a violation of any provision of C.G.S. §§ 7-147a
to 7-147y, inclusive, or of any regulation or ordinance adopted under
said sections has been committed or exists or the lessees or tenants
of an entire building, entire structure or place where such violation
has been committed or exists or the owner, agent, lessee or tenant
of any part of the building, structure or place in which such violation
has been committed or exists or the agent, architect, builder, contractor
or any other person who commits, takes part in or assists in any such
violation or who maintains any building, structure or place in which
any such violation exists shall be fined not less than $10 nor more
than $100 for each day that such violation continues, but if the offense
is willful, the person convicted thereof shall be fined not less than
$100 nor more than $250 for each day that such violation continues.
The Superior Court for the judicial district wherein such violation
continues or exists shall have jurisdiction of all such offenses,
subject to appeal as in other cases. Each day that a violation continues
to exist shall constitute a separate offense. All costs, fees and
expenses in connection with actions under this section may, in the
discretion of the Court, be assessed as damages against the violator,
which, together with reasonable attorney's fees, may be awarded to
the Historic District Commission, which brought such action. Any funds
collected as fines pursuant to this section shall be used by the Commission
to restore the affected buildings, structures or places to their condition
prior to the violation wherever possible, and any excess shall be
paid to the municipality in which the district or historic property
is situated.
Any person or persons severally or jointly aggrieved
by any decision of the Historic District Commission or of any officer
thereof may, within 15 days from the date when such decision was rendered,
take an appeal to the Superior Court for the judicial district of
Hartford/New Britain at Hartford, which appeal shall be made returnable
to such Court in the same manner as that prescribed for other civil
actions brought to such Court. Notice of such appeal shall be given
by leaving a true and attested copy thereof in the hands of or at
the usual place of abode of the Chairman or Clerk of the Commission
within 12 days before the return day to which such appeal has been
taken. Procedure upon such appeal shall be the same as that defined
in C.G.S. § 8-8, as amended.
A.
Nothing in C.G.S. §§ 7-147a to 7-147y,
inclusive, as amended, shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in the
Historic District or on an historic property which does not involve
a change in the appearance or design thereof or to prevent the erection
or alteration of any such feature which the Building Official or a
similar agent certifies is required by the public safety because of
a condition which is unsafe or dangerous due to deterioration or to
prevent the erection or alteration of any such feature under a permit
issued by a Building Official or similar agent prior to the effective
date of establishment of such district.
B.
If a building in the Historic District or on an historic
property is to be demolished, no demolition shall occur for 90 days
from the issuance of a demolition permit if during such time the Historic
District Commission or the Connecticut Historical Commission is attempting
to find a purchaser who will retain or remove such building or who
will present some other reasonable alternative to demolition. During
such ninety-day period, the Town may abate all real property taxes.
At the conclusion of such ninety-day period, the demolition permit
shall become effective, and the demolition may occur. Nothing in this
section shall be construed to mandate that the owner of such property
sell such property or building.
[Amended 10-12-2010; 2-10-2015; 9-11-2018; 7-13-2021]
The boundaries of the Unionville Historic Districts and historic
properties shall be shown on a map captioned "Unionville Historic
Districts and Historic Properties, Farmington, Connecticut," dated
August 2021.
