There is hereby established pursuant to General Laws, Chapter
40C, as amended, (the "Massachusetts Historic Districts Act"), a Randolph
Historic District Commission (the "Commission"), with all the powers
and duties legally assigned thereunto.
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The Historic District Commission established hereunder shall
have all of the powers and duties of an historic district commission
as delineated by the Massachusetts Historic Districts Act. Said Commission
may, in the exercise of said powers and duties, accept money, gifts
and expend the same, and, subject to appropriation or receipt of such
gifts, contract for and employ such clerical assistants or technical
consultants or assistants as the Commission may, in its discretion,
find suitable.
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The Commission may adopt such rules and regulations for the
conduct of its business as are not inconsistent with the provisions
of the Massachusetts Historic Districts Act, the General Laws, this
chapter, or other ordinances of the Town of Randolph.
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The Commission shall create and maintain a list of properties
of historic significance architecturally or otherwise in the Town
of Randolph.
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The Commission may, if requested by the Town pursuant to a vote
of the Town Council with the approval of the Town Manager, administer
for the Town of Randolph any designated properties or lesser property
interests which the Town may own or may acquire as gifts.
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The Commission shall carry out such other duties, authorities
and powers as may be delegated or assigned unto it by vote of the
Town Council.
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The Commission shall be empowered to propose, from time to time
and in accordance with the provisions of the Massachusetts Historic
Districts Act, such additional historic districts or changes to existing
historic districts as the Commission may deem suitable, and, to that
end, said Commission may cooperate with and enlist assistance for
the Town of Randolph from the National Register, the National Park
Service, the National Trust for Historic Preservation, the Massachusetts
Historical Commission, the Society for the Preservation of New England
Antiquities or other similar agencies, public and private, as it may
deem advisable.
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A.
Said Commission shall consist of seven (7) members appointed by the
Town Manager with confirmation from the Town Council, to be selected
as follows:
(1)
One (1) member shall be selected, if possible, from two (2) nominees
whose names are submitted by the Randolph Historical Society;
(2)
One (1) member shall be selected, if possible, from two (2) nominees
who are local licensed Realtors covering the Town of Randolph.
(3)
One (1) member shall be selected, if possible, from two (2) nominees
who are licensed Architects covering the Town of Randolph.
(4)
One (1) member shall be selected, if possible, from two (2) nominees
who are licensed to practice law in the Commonwealth of Massachusetts
and whose law practices cover the Town of Randolph.
(5)
If within thirty (30) days after submission of a written request
for nominees to an organization entitled to submit nominations for
membership on the Commission no such nominations have been made the
appointing authority may proceed to make the appointment to the Commission
without nomination by such organization.
(6)
At any given time, three (3) of the appointees serving upon the Randolph
Historic District Commission shall be property owners and live within
the Historic District in Randolph established pursuant to the Massachusetts
Historic Districts Act unless, on account of the small number of residents
or individual property owners living in Randolph Historic Districts,
there are an insufficient number of such volunteers or nominees who
are willing to serve on the Commission.
B.
When the Commission is first established, two (2) members shall be
appointed for terms of one (1) year, two (2) shall be appointed for
terms of two (2) years, and three (3) shall be appointed for terms
of three (3) years. A successor to a member shall be appointed in
the same manner as such member was appointed, except that the successor's
term shall be for three (3) years.
C.
If an unscheduled vacancy occurs on the Commission, it shall be filled
for the unexpired term in the same manner as the vacating member was
appointed.
D.
Each member shall serve without compensation and shall continue in
office after the expiration of the allotted term, until such time
as that member's successor is appointed.
E.
The Commission shall elect annually a chair and vice-chair from its
own number and a secretary from within or without its number.
Except as permitted under the Massachusetts Historic Districts
Act or as otherwise provided in this chapter, 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, as described under the Massachusetts
Historic Districts Act.
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Any person who desires to obtain a certificate from the Commission
shall file with the Commission an application for a certificate of
appropriateness, a certificate of non-applicability or a certificate
of hardship, as the case may be, in such form as the Commission may
reasonably determine, together with 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 thereafter, as may be reasonably deemed necessary by
the Commission to enable it to make a determination on the application.
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The Commission shall have sixty (60) days to act on any request
once a completed application and plans have been submitted to the
Commission. In the event of failure by the Commission to act within
that sixty (60) days, except in the occurrence of mutually agreed
extension, the applicant will receive approval by default. In calculating
sixty (60) days, Saturdays, Sundays and legal holidays shall not be
counted toward the sixty (60) days.
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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 until the
certificate required by this section has been issued by the Commission.
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All buildings in an historic district shall be eligible for
low interest loans and/or grants from Community Preservation Funds
under Historic Preservation for exterior alterations that improve
the historical integrity of a property. Those items eligible shall
be only items which the Historic District Commission has regulatory
authority over.
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The Community Preservation Committee working with the Historic
District Commission shall promulgate criteria for parcels to be eligible
for such funds. Nothing in this chapter shall require the Community
Preservation Committee to appropriate more monies than are reasonably
available and they may limit the amount of funds in any given fiscal
year.
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Whoever violates any of the provisions of this chapter may,
in addition to such other penalty as may be provided by law, be subject
to a fine of one hundred dollars ($100), imposed by the Commission
through the Building Commissioner or the Building Commissioner's
designee, as a noncriminal disposition pursuant to Chapter 40, Section
21D, of the Massachusetts General Laws. Each day during any portion
of which a violation continues to exist shall constitute a separate
offense.
