[HISTORY: Adopted by the Town of Durham as indicated in article
histories. Amendments noted where applicable.]
[Adopted 12-12-2016]
(a)
The Town of Durham, seeking to promote the educational, cultural,
economic and general welfare of the public through the preservation
and protection of the distinctive characteristics of individual buildings
and places of historical or architectural significance, hereby accepts
the Study Report of the Historic Properties Study Committee, dated
July 2016, and endorses the Study Committee's recommendation
to designate the following property as a historic property in conformance
with the standards and criteria formulated by the Connecticut Commission
on Culture and Tourism, and pursuant to Connecticut General Statutes,
Chapter 97a, Sections 7-147p through 7-147y, inclusive, as amended,
and incorporates all the powers and duties described therein.
(b)
The designated historic property is located at 105 Middlefield Road
in Durham, contains 13.09 acres, more or less, and includes an historic
wood frame residence commonly known as the Thomas Lyman House. The
property is identified by the Town of Durham Assessors as "Parcel
W0258900" and labeled Parcel 12 on Map 15 of the Town of Durham tax
maps.
(c)
The property boundaries are defined by Quit Claim Deed, recorded
on July 27, 2015, Volume 269, page 389 of the Durham Land Records,
and detailed below:
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EXHIBIT A
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Property Description
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FIRST PIECE: A certain piece or parcel of land
containing about 1 1/2 acres of land and known as the Homestead
of the late Frances S. Banks, including the homestead standing thereon.
Said parcel of land being bounded on the north by land formerly of
August Otte, later of Aviano; on the east and south by other land
now or formerly of Homer L. Johnson, and on the west by the highway
leading from Durham to Middlefield and formerly called "Crooked Lane."
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SECOND PIECE: Known as the New Orchard Lot and
containing about 1 1/2 acres of land and bounded on the north
and west by land now or formerly of Aviano and on the east by the
Third Piece hereinafter described, being a triangular piece.
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THIRD PIECE: A certain parcel of land containing
about four acres and used as a pasture, bounded on the north by land
now or formerly of Aviano; on the east by land now or formerly of
William A. Parsons and land now or formerly of William H. Bahrenburg,
Jr., and on the south by land now or formerly of Homer L. Johnson,
and on the west by the Second Piece or New Orchard Lot, so-called.
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FOURTH PIECE: Being all interest in a certain passageway
or approach to the Old Barn now no longer standing on the property.
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For title to the above parcels, see deeds recorded in Volume
49, page 146, Volume 48, page 403, and Volume 45, page 404, Durham
Land Records.
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FIFTH PIECE: A certain piece of land bounded northerly
by land formerly of the Frances S. Banks estate and known as the Homestead
and partly by the Pasture Lot, both herein conveyed; easterly by land
formerly of the Frances S. Banks estate and known as the Long Lot,
and now or formerly owned by William H. Bahrenburg, Jr.; southerly
by land formerly of Lafayette Rush and now or formerly of William
H. Bahrenburg, Jr., and westerly by land formerly of Frances S. Banks
estate and known as the Homestead property and by the highway leading
to Middlefield, formerly known as "Crooked Lane," including all right,
title and interest in the property at one time known as the Front
Lot and the Barn Lot and including the yards, laneways, and parcel
of land where the old barn stood, and all situated southerly, southeasterly
and easterly of the Homestead at one time owned by Frederick Lyman,
but later owned by Frances S. Banks.
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For title to the said Fifth Parcel of land, see deed recorded
in Volume 35, pages 14 and 15 of the Durham Land Records.
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There is excluded however from the above description a parcel
of land 25 feet wide on the south side and conveyed to William H.
Bahrenburg, Jr., by deed recorded in Volume 44, page 372 of the Durham
Land Records, being a part of the Fifth Piece.
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As used in this chapter, the following definitions shall apply:
Changed, modified, rebuilt, removed, demolished, restored,
razed, moved or reconstructed.
A combination of materials forming a shelter for persons,
animals or property.
The documented approval of proposed work on the Historic
Property after review by the Historic District Commission.
Constructed, built, installed or enlarged.
Such portion of the exterior of a structure or building as
is open to view from a public street, way or place.
Any individual building, structure, object or site that is
significant in the history, architecture, archaeology and culture
of the state, its political subdivisions or the nation and the real
property used in connection therewith, and specifically the land and
buildings listed above.
The municipal commission established and authorized under
this chapter pursuant to C.G.S. Chapter 97a, Sections 7-147p through
7-147y, inclusive.
The incorporated Town of Durham and its various departments,
agencies, commissions, and officials.
Any combination of materials, other than a building, which
is affixed to the land, and shall include, but not be limited to,
signs, fences and walls.
(a)
The Town of Durham authorizes the existing Durham Historic District
Commission to perform the duties and responsibilities of the Historic
Properties Commission pursuant to Connecticut General Statutes, Chapter
97a, Section 7-147r through 7-147y, inclusive.
(b)
The Historic Properties Commission may from time to time, in accordance
with Section 7-147q, initiate the designation of additional historic
properties or the enlargement of the boundaries of an existing historic
property.
(a)
No building or structure located within the boundaries of an historic
property shall be erected or altered until after an application for
a certificate of appropriateness as to exterior architectural features
has been submitted to the Historic Properties Commission and approved
by such Commission.
(b)
No earthworks or site of recognized historic or archaeological importance
within the boundaries of an historic property shall be altered until
after an application for a certificate of appropriateness has been
submitted to the Historic Properties Commission and approved by said
Commission.
(c)
No building permit for erection of a building or structure or for
alteration of an exterior architectural feature within the boundaries
of an historic property and no demolition permit for demolition or
removal of a building or structure within the boundaries of an historic
property shall be issued by a municipality 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.
(d)
The style, material, size and location of any outdoor advertising
signs or bill posters within the boundaries of an historic property
shall also be under the control of such Commission.
(e)
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.
(f)
No area 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.
(a)
The Historic Properties 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 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.
(b)
In reviewing and acting upon applications for certificates of appropriateness,
the Historic Properties Commission shall follow the procedures set
forth in C.G.S. Chapter 97, Section 7-147e, for use by historic district
commissions in reviewing applications for certificates of appropriateness
affecting historic districts.
(c)
Except as otherwise provided in this section, in reviewing and acting
upon applications for certificates of appropriateness, the Historic
Properties Commission shall apply the same standards and take into
account the same considerations as set forth in C.G.S. Chapter 97a,
Section 7-147f, for use by historic district commissions in reviewing
applications for certificates of appropriateness affecting historic
districts.
(d)
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.
In its deliberations, the Historic Properties Commission shall act
only for the purpose of controlling the erection or alteration of
buildings, structures, objects, sites or parking that are incongruous
with the historic or architectural aspects of the historic property.
(e)
Where, by reason of topographical conditions or location or because
of other unusual circumstances, the strict application of any provision
of this section would result in exceptional practical difficulty or
undue hardship upon the owner of the historic property, the Commission
in passing upon applications shall have power to vary or modify strict
adherence to the provisions of this section, provided such variance
or modification shall remain in harmony with the general purpose and
intent of this section so that the historic and architectural aspects
of the historic property shall be conserved. In granting variances
or modifications, the commission may impose such reasonable stipulations
and conditions as will, in its judgment, better fulfill the purposes
of this section. The commission shall, for each variance or modification
granted, place upon its records and in the notice to the applicant
the reasons for its determinations.
(a)
If any provision of this chapter or of C.G.S. Chapter 97a, Sections
7-147p through 7-147y, inclusive, or any action taken or ruling made
by the Historic Properties Commission pursuant to the provisions of
this chapter or any regulation or ordinance adopted pursuant to this
chapter, has been violated, the Historic Properties Commission shall
have, in addition to other remedies, those remedies available to historic
district commissions as provided in C.G.S. Chapter 97a, Section 7-147h.
(b)
Any person or persons severally or jointly aggrieved by any decision
of the Historic Properties Commission or of any officer thereof may
appeal such decision in the same manner and according to the same
procedure as set forth in C.G.S. Chapter 97a, Section 7-147i, for
appeals from the decisions of the Historic District Commissions.
(c)
Nothing in this part shall be construed to prevent the ordinary maintenance
or repair of any exterior architectural feature within the boundaries
of an historic property which does not involve a change in the appearance
or design thereof; nor to prevent the erection or alteration of any
such feature which the building inspector or a similar agent certifies
is required by the public safety because of a condition which is unsafe
or dangerous due to deterioration; nor to prevent the erection or
alteration of any such feature under a permit issued by a building
inspector or similar agent prior to designation of such historic property.
(d)
If a building within the boundaries of an historic property is to
be demolished, no demolition shall occur for 90 days from issuance
of a demolition permit if during such time the Historic Properties
Commission or the Connecticut Commission on Culture and Tourism 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 municipality 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 is under any obligation to sell such property or building.
Any references herein to any section of the Connecticut General
Statutes shall be deemed to refer to such statutes as the same may
be amended from time to time.
