[HISTORY: Adopted by the Town Meeting of the Town of Plympton 6-17-2020 ATM by Art. 27. Amendments noted where applicable.]
The purpose of this bylaw is to provide a means by which the historic, cultural or architectural significance of an area in the Town of Plympton may be protected and preserved.
There is hereby established an Historic District Commission under the provisions of the Historic District Act, MGL c. 40C, consisting of five members and two alternate members appointed by the Selectmen, in accordance with the provisions of MGL c. 40C, § 4.
A. 
When the Commission is first established, one member shall be appointed for a term of one year, two shall be appointed for a term of two years, two shall be appointed in like manner for a period of three years, and their successors shall be appointed in like manner for terms of three years.
B. 
When the Commission is first established, one alternate member shall be appointed for a term of one year and one alternate member shall be appointed for a term of two years, and their successors shall be appointed in like manner for terms of three years.
C. 
At any one meeting three shall constitute a quorum.
There is hereby established an Historic District under the provisions of the Historic District Act, MGL c. 40C, bounded and described as shown on plan of the Harrub's Corner Historic District of the Town of Plympton, October 30, 1969, scale one inch equals 40 feet, Alan C. Vautrinot Jr., land surveyor, said plan being on record with the Town Clerk as follows:
Begin at a point on the center line of County Road, about 540 feet easterly from Barrows Brook and opposite the southeast corner of land of Frederick Adams;
Thence northerly about 25 feet to the southeast corner of said Adams Land;
Thence easterly about 50 feet to the end of a wall;
Thence northerly by said wall about 150 feet to a corner of the wall, the last three courses by the property line of said Adams and Edna Holmes;
Thence northwesterly by said wall, along the property line of said Adams and Holmes, and then along the property line of said Holmes and Richard Reynolds, a total distance of about 575 feet to Barrows Brook;
Thence downstream by said brook 100 feet;
Thence westerly 430 feet more or less through land of Clifton Day to the center line of Lake Street at a point which lies 200 feet northerly from a wall which marks the southerly line of said Day;
Thence southerly by the center line of Lake Street about 50 feet to a point opposite a wall;
Thence westerly 20 feet to the end of said wall and then same course by said wall, which marks the property line between James Dennett and Phillip Rouvales 283 feet more or less to a cross wall;
Thence southerly by said cross wall 350 feet more or less through land of said Dennett to County Road;
Thence easterly 90 feet more or less by the center line of County Road to a point opposite the property line between Boyer and Webb;
Thence southerly about 25 feet to the northwest corner of Mrs. Samuel A. Boyer;
Thence same course by the property line of said Webb and Boyer 270 feet;
Thence easterly through land of said Boyer and land of Raymond Matthews, across Barrows Brook, about 830 feet;
Then N 27° 51' 38" E 272.00' to the southerly side line of County Road at a point which lies S 67° 26' 30" E 150' from a county highway bound;
Then N 27° 51' 38" E about 25 feet to the center line of County Road;
Thence easterly by the center line of County Road about 70 feet to the point of beginning.
The Historic District Commission shall have all the powers and duties of historic district commissions as provided by the Historic Districts Act, MGL c. 40C, and of subsequent amendments thereto.
The Historic District Commission shall adopt rules and regulations for the conduct of its business not inconsistent with the provisions of the Historic Districts Act, MGL c. 40C, and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept money gifts and expend same for such purposes.
No building, structure, or part thereof, including stone walls, fences, steps and paving, shall be erected, reconstructed, altered, restored, moved or demolished within the district, and no sign, light, fence, wall or other appurtenant fixtures, hereafter called "appurtenant fixtures," shall be erected or displayed on any lot, building or structure located within said district except as provided under § 175-7, unless an application for a certificate of appropriateness shall have been approved by the Historic District Commission, and no building or other permit shall be granted for any such purpose in an historic district except in cases excluded by § 175-7 until such certificate of appropriateness has been issued.
A. 
Nothing in this bylaw shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change in design, material, color or the outward appearance thereof; nor to prevent the construction, reconstruction, alteration or demolition of any such feature which the Building Inspector or similar agent shall certify is required by the public safety because of an unsafe or dangerous condition; nor to prevent the construction, reconstruction, alteration, or demolition of any such feature under a permit issued by the Building Inspector or similar agent prior to the effective date of establishment of said district.
B. 
No approval is required under § 175-6 of the Historic District Act for the following:
(1) 
Temporary structures or signs for use in connection with any official celebration or parade or any charitable function in the Town of Plympton, provided that any such structure or sign shall be removed within three days following the termination of the celebration, parade or charitable drive for which said structures or signs shall have been erected or displayed. Any other temporary structures or signs which the Commission shall determine do not substantially derogate from the intent and purposes of this bylaw may from time to time be excluded from the provisions of § 175-6.
(2) 
Real estate signs of not more than three square feet in area advertising the sale or rental of the premises on which they are erected or displayed.
(3) 
Occupational or other signs of not more than one square foot in area and not more than one such sign, irrespective of size, bearing the name, occupation or address of the occupant of the premises on which such sign is erected or displayed.
(4) 
The exterior color of any building or structure within the district may be changed to white without the filing of an application for, or the issuance of, a certificate of appropriateness, or to any color or any combination of colors which the Commission shall determine from time to time may be used without substantial derogation from the intent and purposes of this bylaw.
(5) 
Storm sash and storm doors; window screens and screen doors.
(a) 
Installing, repairing, replacing these items, provided there is no ornamentation.
(b) 
Storm sash and screens shall be painted the same color as the house sash. Aluminum items may be left natural.
(c) 
Storm doors and screen doors shall be painted the same color as the house door. Aluminum items may be left natural.
(6) 
Repairs.
(a) 
Re-siding, in whole or in part, with six-inch clapboards or with white cedar shingles, provided the same type of siding is used as before and with the same exposure to the weather.
(b) 
Shingling roofs with wood shingles or with fire-resistant shingles, with rectangular design of uniform color, but limited in color to black or dark gray.
(c) 
Repairing or replacing window frames, sash, glass, door frames, doors, exterior trim, leaders, gutters, porches, railing, steps, fences, gates, roof walks, skylights and roof scuttles, provided no architectural change in appearance is made, and that the same type and goodness of material is used in making such repairs or replacement.
(d) 
Repairing, repointing, and waterproofing brick chimneys, walls and foundations, provided the same type of masonry is used, and provided that, if plaster covering is used, it shall be cement parget, wood trowelled or with a cement grout brushed on.
A. 
The Historic District Commission, in considering applications for certificates of appropriateness for any of the purposes specified in § 175-6, shall consider the appropriateness of proposed exterior features of buildings, structures, and appurtenant fixtures, location on the lot, and the removal or demolition of any building or structure in said district, wherever such exterior features, buildings, structures and appurtenant fixtures are subject to public view from a public street or way. All plans, elevations and other information deemed necessary by the Commission to determine the appropriateness of the exterior features or buildings in question shall be made available to it by the applicant.
B. 
The Historic District Commission, in considering the appropriateness of exterior features, shall keep in mind the purposes of MGL c. 40C, § 2, and shall consider among other things the historical and architectural value and significance, architectural style, the general design, arrangement, texture, material and color of the building or structure and appurtenant fixtures in question, the relation of such features to similar features of buildings in the immediate surroundings, and the position of such building or structure in relation to the street or public way and to other buildings and structures. The Commission shall not make any recommendations or requirements except for the purpose of preventing developments obviously incongruous to the historic aspects of the surroundings and the historic district.
When taking action under the provisions of the second paragraph of MGL c. 40C, § 7 of the Historic Districts Act, the Historic District Commission shall make a determination as soon as convenient after the public hearing but, in all events, within 60 days after the filing of the application for a certificate of appropriateness, or such further time as the applicant may in writing allow.
A. 
Any applicant aggrieved by a determination of the Commission may, within 20 days after the making of such decision, appeal to a superior court sitting in equity for the county. The court shall hear all pertinent evidence and shall annul the determination of the Commission if it finds the reasons given for such determination to be unsupported by the evidence or to be insufficient in law and may make such other decree as justice and equity may require. The remedy provided by this section shall be exclusive; but the parties shall have all rights of appeal and exception as in other equity cases.
B. 
Costs.
(1) 
Costs shall not be allowed against the Historic District Commission unless it appears to the court that the Commission acted with gross negligence, in bad faith or with malice.
(2) 
Costs shall not be allowed against the party appealing from the decision of the Historic District Commission unless it appears to the court that said appellant acted in bad faith or with malice in making the appeal to the court.
The superior court shall have jurisdiction in equity to enforce the provisions of this bylaw and the rulings issued thereunder and may restrain by injunction violations thereof.
Any person who violates any of the provisions of this bylaw shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $10 nor more than $500. Each day that a violation continues to exist shall constitute a separate offense.
In case any section, paragraph or part of this bylaw is for any reason declared invalid or held unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force and effect.