CHARTER REFERENCE
Historic district commission, § 904.
Historic district commission appointment, § 904.
CROSS REFERENCES
Zoning, app. A
Zoning, app. E.
Historic overlay, app. E, § 317
Archeological sites, app. E, § 507.
Definitions and rules of construction generally, § 1-2.
Administration, ch. 2
Boards, committees and commissions, § 2-51 et seq.
North Light commission, § 2-101
Planning board, § 2-116 et seq.
Buildings and building regulations, ch. 4
Building standards, § 4-16 et seq.
Deteriorated buildings declared public nuisance, § 6-18
Marine activities, areas and structures, ch. 9
STATE LAW REFERENCES
Historical area zoning, G.L. 1956, § 45-24.1-2 et seq.
State historical preservation commission, G.L. 1956, § 42-45-1 et seq.
[Rev. Ords. 1989, § 7-1]
This chapter is adopted in accordance with G.L. 1956, § 45-24.1-1, as amended, which:
(1) 
Declares the preservation of structures of historic and architectural value to be a public purpose; and
(2) 
Authorizes historic district zoning and the creation of a historic district commission for that purpose in any city or town.
State law reference — Similar provisions, G.L. 1956, § 45-24.1-2.
[Rev. Ords. 1989, § 7-2]
The following terms shall have the following respective meanings unless a different meaning clearly appears from the context:
ALTERATION
An action that changes one or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.
APPURTENANCES
Features other than primary or secondary structures which contribute to the exterior historic appearance of property, including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, stone walls, and historic landscape features.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the historic district commission established under this chapter indicating approval of plans for alteration, construction, repair, removal, or demolition of a structure or appurtenances to a structure, including, but not limited to, buildings, extension, outbuildings, fire escapes, and retaining walls.
DEMOLITION
An act or process that destroys a structure and its appurtenances in part or in whole.
HISTORIC DISTRICT
A specific division of the town as designated by ordinance of the town pursuant to this chapter. A historic district may include one or more structures.
REMOVAL
A relocation of a structure on its site or to another site.
REPAIR
A change meant to remedy damage or deterioration of a structure or its appurtenances.
STRUCTURE
Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but not limited to, buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.
[Rev. Ords. 1989, § 7-3]
The regulations set forth in this chapter have been established to:
(1) 
Safeguard the heritage of the town by preserving districts and other designated structures of historic or architectural value in the town which reflect elements of the town's cultural, social, economic, political, and architectural history;
(2) 
Stabilize and improve values in such districts of designated structures;
(3) 
Maintain and foster civic beauty;
(4) 
Strengthen the local economy;
(5) 
Promote the use of historic districts and other designated structures for the education, pleasure and welfare of the citizens of the town.
State law reference — Similar provisions, G.L. 1956, § 45-24.1-1.
[Rev. Ords. 1989, § 7-4; Ord. of 11-16-2011(1)]
(a) 
For the purposes of this chapter, the town council shall have the authority to establish, change, layout, and define districts which are deemed to be of historic or architectural value.
(1) 
For the purpose of this section, all properties contained within the boundaries marked "historic district zone" on the official zoning map of the town shall comprise a historic district.
(2) 
The historic district zone may also include specific buildings or structures of historic or architectural value established under subsection (b) of this section.
(b) 
Applications for specific buildings or structures for the historic district zone.
(1) 
An application for inclusion of a specific building or structure for inclusion in the historic district zone may be submitted to the historic district commission on an historic district commission property application form. Applications may be submitted by the historic district commission, a property owner of record, the town council or any other person or organization. All applications must include a letter of consent from all of the owners of the property.
(2) 
The historic district commission shall schedule a public hearing on all complete applications.
(3) 
The historic district commission shall, within 60 days after the public hearing, adopt, by resolution, findings and a recommendation, which includes the rationale for its decision, whether the specific building or structure meets the criteria set forth in § 7-3 for inclusion in the historic district zone. The property must also be a contributing structure designated by the historic house survey dated March 2008. The resolution shall be forwarded to the town council and the planning board for action in accordance with G.L. 1956, § 45-24-51 et seq.
State law reference — Similar provisions, G.L. 1956, § 45-24.1-2.
[Rev. Ords. 1989, § 7-5; Ord. of 5-21-1997]
(a) 
Establishment. There is established by § 904 of the Charter a historic district commission to execute the declared purpose of this chapter.
(b) 
Membership.
(1) 
Appointment of members.
a. 
The historic district commission shall be appointed as provided in § 904 of the Charter, shall consist of qualified members whose residence is located in the town.
b. 
Members of the commission shall be eligible for reappointment, and upon the expiration of their term shall continue to serve until replaced.
c. 
In the event of a vacancy on the commission, interim appointments of appointed members may be made by the town council to complete the unexpired term of such position.
d. 
The town council may name an auxiliary member of the commission appointed in addition to the regular members of the commission, which auxiliary member shall sit as an active member, upon the request of the chairperson, when and if a regular member of the commission is unable to serve at any meeting of the commission.
(2) 
Membership requirements.
a. 
Members of the commission shall have a demonstrated interest in historic preservation. The appointments may be drawn from, but not be limited to, the following professions and disciplines: American history, architectural history, architecture, archaeology, preservation, law, real estate, planning or building contracting. Duly organized and existing preservation societies may present to the town council lists of qualified citizens to be considered for appointment.
b. 
The members of the commission shall sit without compensation.
(c) 
The commission shall adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this chapter, and publish such standards as necessary to inform historic district residents, property owners, and the general public of those criteria by which the commission shall determine whether to issue a certificate of appropriateness. The commission may, from time to time, amend these standards as reasonably necessary, and it shall publish all such amendments.
(d) 
All meetings of the commission shall be open to the public and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision.
(e) 
The secretary shall keep a record of all resolutions, proceedings, findings, decisions and actions and such record shall be open to the public.
(f) 
To conduct any business before the commission, four duly appointed members shall constitute a quorum. If a quorum is not present at a regularly scheduled meeting, then a special meeting will be scheduled to conduct the business before the commission.
(g) 
Voting shall be carried out as set forth in rules of procedure for town council appointed boards, committees and commissions.
[Rev. Ords. 1989, § 7-6]
(a) 
Required. Before a property owner may authorize or commence construction, alteration, repair, removal or demolition of any existing structure or its appurtenances within a historic district, the owner must first apply for and receive a certificate of appropriateness from the commission.
(b) 
Permits. A certificate of appropriateness is necessary whether or not state law requires that a permit be obtained from the building official.
(c) 
Hearings on application. The commission shall conduct such hearings as are necessary on the applications filed before it and shall give reasonable notice of such hearings.
(d) 
Information required. The commission shall require the owner to submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal or demolition, including but not limited to:
(1) 
Plans;
(2) 
Drawings;
(3) 
Photographs; or
(4) 
Other information.
(e) 
Review. In reviewing the applications and the plans submitted therewith, the commission shall give consideration to:
(1) 
The historic and architectural significance of the structure and its appurtenances.
(2) 
The way in which the structure and its appurtenances contribute to the historical and architectural significance of the district.
(3) 
The appropriateness of the general design, arrangement, texture, materials, and siting proposed in the plans.
(f) 
Exterior features only to be considered. The commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.
(g) 
Use of experts. The commission shall have the power to call in experts to aid in its deliberation at the owner's expense.
(h) 
Decisions of commission. All decisions of the commission shall be in writing. The commission shall articulate and explain the reasons and basis of each decision on a record, and in the case of a decision not to issue a certificate of appropriateness, the commission shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant. The commission shall send a copy of the decision to the applicant and to the building official.
(i) 
Certificate to be binding. The certificate of appropriateness shall be binding upon the building official or other duly delegated authority.
(j) 
Inspections. After a permit is granted as herein provided, the building official or other duly delegated authority shall, from time to time, inspect the construction, alteration or repair and shall take such action as is necessary to ensure compliance with the certificate of appropriateness.
(k) 
Approval of application. The failure of the commission to act within 45 days from the date the completed application is filed with it, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval. In the event, however, that the commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the aforesaid period of 45 days, then and in such event the commission shall have a period of up to 90 days within which to act upon such application.
State law reference — Similar provisions, G.L. 1956, § 45-24.1-5.
[Rev. Ords. 1989, § 7-7]
(a) 
In the case of an application for construction, repair, or alteration, removal, or demolition affecting the exterior appearance of a structure or its appurtenances which the commission deems so valuable to the town, the state or the nation, the commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure. Unless the commission is satisfied that the retention of such structure constitutes a hazard to public safety which hazard cannot be eliminated by economic means available to the owner, including sale of the structure, or unless the commission votes to issue a certificate of appropriateness for such proposed construction, alteration, repair, removal or demolition, the commission shall file with the building official or duly delegated authority its rejection of such application. In the absence of a change in such structure arising from casualty, no new application for the same or similar work shall be filed within one year after such rejection.
(b) 
In the case of any structure deemed to be valuable for the period of architecture it represents and the importance to the neighborhood within which it exists, the commission may file with the building official or other duly delegated authority a certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under the preceding sections are in existence or if:
(1) 
Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;
(2) 
Preservation of such structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including sale of the structure to any purchaser willing to preserve such structure; or
(3) 
The preservation of such structure would not be in the interest of the majority of the community.
[Rev. Ords. 1989, § 7-8]
(a) 
Alternatives to demolition. When considering an application to demolish or remove a structure of historic or architectural value, the commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site. In addition to any other criteria, the commission also shall consider whether there is reasonable likelihood that some person or group other than the current owner is willing to purchase, move and preserve such structure and whether the owner has made continuing, bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.
(b) 
Avoiding demolition through owner neglect. The town may, by ordinance, empower the town council in consultation with the historic district commission to identify structures of historical or architectural value whose deteriorated physical condition endangers the preservation of such structure or its appurtenances. The council shall publish standards for maintenance of properties within historic districts. Upon the petition of the historic district commission that a historic structure is so deteriorated that its preservation is endangered, the council may establish a reasonable time not less than 30 days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the council shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does not comply with the council's orders, the council may cause the required repairs to be made at the expense of the town and cause a lien to be placed against the property for repayment.
[Rev. Ords. 1989, § 7-9]
Due to the peculiar conditions of design and construction in historic neighborhoods, where structures were often built in dimensions which do not conform to zoning requirements, it may be in the public interest to retain a neighborhood's historic appearance by granting variances to zoning requirements. Where it is deemed that such variances or exceptions will not adversely affect neighboring properties, the commission may recommend to the zoning board of review that such variance or exception to the standard yard requirements be made.
[Rev. Ords. 1989, § 7-10]
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the historic district provided that such maintenance or repair does not result in any change of design, type of material, or appearance of the structure or its appurtenances.
State law reference — Similar provisions, G.L. 1956, § 45-24.1-6.
[Rev. Ords. 1989, § 7-11]
A person or persons jointly or severally aggrieved by a decision of the historic district commission shall have the right to appeal the decision to the zoning board of review. When hearing appeals from commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the records. The zoning board of review shall send a copy of the decision for the record, and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission. An appeal fee of $75 shall be paid upon taking an appeal to the zoning board of review to cover the cost of advertising the appeal.
State law reference — Similar provisions, G.L. 1956, § 45-24.1-7.
[Rev. Ords. 1989, § 7-12]
The duly authorized local building official may bring an action against any property owner who fails to comply with the requirements of this chapter. Such actions shall be brought in the superior court or housing court having jurisdiction where the violation occurred or is likely to occur. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter.
[Amended of 6-4-2012; Ord. No. 2013-01, January 16, 2013, 7-13]
Following is a list of historic district lots:
Plat
Lot
Sub
5
0
0
5
3
1
5
3
2
5
3
3
5
3
4
5
3
5
5
3
6
5
4
0
5
5
2
5
5
3
5
5
4
5
5
5
5
5
6
5
5
7
5
7
1
5
7
2
5
8
0
5
9
0
5
10
0
5
11
0
5
12
0
5
13
0
5
14
0
5
15
0
5
16
0
5
17
0
5
18
1
5
18
2
5
19
0
5
20
0
5
21
0
5
22
0
5
23
0
5
24
0
5
25
0
5
26
0
5
27
0
5
28
0
5
29
0
5
30
0
5
31
0
5
32
0
5
33
0
5
34
0
5
35
0
5
36
0
5
45
0
5
46
0
5
47
0
5
48
0
5
49
0
5
51
0
5
64
1
5
64
2
5
65
0
5
66
0
5
67
0
5
69
1
5
69
2
5
69
3
5
69
4
5
69
5
5
69
6
5
69
7
5
70
1
5
70
2
5
70
3
5
71
0
5
100
0
5
101
0
5
102
0
5
103
0
5
104
0
5
106
0
5
110
0
5
111
0
5
113
0
5
114
0
5
115
0
5
116
0
5
117
0
5
118
0
5
119
0
5
120
1
5
120
2
5
120
3
5
120
4
5
120
5
5
121
0
6
1
0
6
2
1
6
2
2
6
3
1
6
3
2
6
3
3
6
4
0
6
5
0
6
6
0
6
7
0
6
8
0
6
9
0
6
10
0
6
11
0
6
12
0
6
14
0
6
15
0
6
26
0
6
27
0
6
28
0
6
29
0
6
30
0
6
31
0
6
32
0
6
33
0
6
35
0
6
37
1
6
37
2
6
38
0
6
39
0
6
40
0
6
71
0
6
72
0
6
73
0
6
74
0
6
75
1
6
75
2
6
75
3
6
75
4
6
75
5
6
75
6
6
75
7
6
76
0
6
77
0
6
78
0
6
83
0
6
84
0
6
85
0
6
86
0
6
87
0
6
88
0
6
89
0
6
90
1
6
90
2
6
90
3
6
90
4
6
90
5
6
90
6
6
90
7
6
90
8
6
90
9
6
90
10
6
90
11
6
90
12
6
90
13
6
92
0
6
93
0
6
94
0
6
96
0
6
97
0
6
98
0
6
99
0
6
100
0
6
101
0
6
102
0
6
103
0
6
104
0
6
105
0
6
106
0
6
107
0
6
108
0
6
110
0
6
111
0
6
112
0
6
113
0
6
114
0
6
115
0
6
116
0
6
117
1
6
117
2
6
118
0
6
119
0
6
120
0
6
121
0
6
122
0
6
123
0
6
125
0
6
127
1
6
127
2
6
129
0
6
130
1
6
130
2
6
131
0
6
132
0
6
133
1
6
133
2
6
134
0
6
135
0
6
136
0
6
138
0
6
139
0
6
140
0
6
141
0
6
142
0
6
143
0
6
146
0
6
147
0
6
148
0
6
149
0
6
150
0
6
151
0
6
152
0
6
153
0
6
154
0
6
155
0
6
156
0
6
157
0
6
158
A
6
158
0
6
159
0
7
1
1
7
1
2
7
3
0
7
6
0
7
7
0
7
8
0
7
9
0
7
10
0
7
11
0
7
12
0
7
15
0
7
16
0
7
17
0
7
19
0
7
20
0
7
21
0
7
22
0
7
23
0
7
24
0
7
26
0
7
27
0
7
30
0
7
31
0
7
32
0
7
33
0
7
34
1
7
34
2
7
35
0
7
36
0
7
37
0
7
38
0
7
39
0
7
44
0
7
45
0
7
47
0
7
48
0
7
49
0
7
50
0
7
52
0
7
53
0
7
54
0
7
55
0
7
56
0
7
57
0
7
58
0
7
59
0
7
60
0
7
61
0
7
63
0
7
64
1
7
64
2
7
66
0
7
67
0
7
68
0
7
69
0
7
70
0
7
71
0
7
73
1
7
73
2
7
74
0
7
75
0
7
76
0
7
77
0
7
78
0
7
80
0
7
83
0
7
85
0
7
87
1
7
87
2
7
88
0
7
90
0
8
83
0
8
84
1
8
84
2
8
84
3
8
84
4
8
84
5
8
84
6
8
84
7
8
255
0
8
256
0
8
256
1
8
256
2
8
256
3
8
256
4
8
256
5
8
258
0
8
260
0
17
35
0
17
36
0
17
37
0
17
39
0
17
40
0
17
41
0
18
06
1
18
66
0
19
1
0
19
2
0
19
3
0
19
4
0
19
5
0
19
6
0
19
8
0