[Ord. 16, passed 4-23-2002]
(A) 
The Commission shall determine promptly, and in all events within 14 days after the filing of an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, whether the application involves any exterior architectural features which are subject to approval by the Commission. If the Commission determines that the application involves any features which are subject to approval by the Commission, the Commission shall hold a public hearing on the application unless the hearing is dispensed with as hereinafter provided.
(B) 
The Commission shall fix a reasonable time for the hearing on any application and shall give public notice of the time, place and purposes thereof at least 14 days before the hearing in the manner as it may determine, and by mailing, postage prepaid, a copy of the notice to the applicant, to the owners of all adjoining property and other property deemed by the Commission to be materially affected thereby as they appear on the most recent real estate tax list of the Board of Assessors, to the Planning Board of the City, to any person filing written request for notice of hearings, the request to be renewed yearly in December, and to any other persons as the Commission shall deem entitled to notice.
(C) 
As soon as convenient after the public hearing but in any event within 60 days after the filing of the application, or within further time as the applicant may allow in writing, the Commission shall make a determination on the application. If the Commission shall fail to make a determination within the period of time, the Commission shall thereupon issue a certificate of hardship.
(D) 
A public hearing on an application need not be held if the hearing is waived in writing by all persons entitled to notice thereof. In addition, a public hearing on an application may be waived by the Commission if the Commission determines that the exterior architectural feature involved or its category or color, as the case may be, is so insubstantial in its effect on the historic district that it may be reviewed by the Commission without public hearing on the application; provided, however, that if the Commission dispenses with a public hearing on an application, notice of the application shall be given to the owners of all adjoining property and other property deemed by the Commission to be materially affected thereby as above provided and 10 days shall elapse after the mailing of the notice before the Commission may act upon the application.
[Ord. 16, passed 4-23-2002]
(A) 
When evaluating an application for a certificate, the HDC shall determine whether:
(1) 
The proposed work would change, destroy or affect any exterior architectural feature; or
(2) 
In the case of construction of a new improvement, whether the construction would affect or not be in harmony with the historic district.
(B) 
In appraising the effects and relationship, the HDC shall consider, in addition to any other pertinent matters, the factors of aesthetic, historic, and architectural values and significance, design, arrangement, texture, material and color.
(C) 
In the case of a disapproval of an application for a certificate, the HDC shall place upon its records the reasons for the determination and shall cause a notice of its determination, accompanied by a copy of the reasons therefor to be issued to the applicant. The HDC may make recommendations of changes which, if made, would make the application acceptable to the HDC.
[Ord. 16, passed 4-23-2002]
(A) 
Persons aggrieved by a decision of the HDC, may, within 20 days after the filing of the notice of the determination with the City Clerk, file a written request with the Commission for a review by a person or persons of competence and experience in these matters, designated by the Metropolitan Area Planning Council or its successor agency. If the City is not a member of a regional planning agency, the Department of Planning and Community Development shall select the appropriate regional planning agency.
(B) 
The finding of the person or persons making the review shall be filed with the City Clerk within 45 days after the request, and shall be binding on the applicant and the Commission, unless a further appeal is sought in the Superior Court as provided in Mass. Gen. Laws Ch. 40C, § 12A.