[Ord. 2, Sec. 1, passed 1-12-2010]
This chapter is enacted under § 6 of the Home Rule
Amendment of the Massachusetts Constitution, in order to preserve
the heritage of the City of Watertown (hereinafter "City") by identifying
and protecting sites and structures that constitute or reflect important
elements of the architectural, cultural, aesthetic, political, economic
or social history of the City; to encourage and assist property owners
to protect and maintain such sites and structures; to foster public
awareness and appreciation of the City's long and distinguished history;
and by furthering these purposes to promote the public welfare by
making the City a better place in which to live and work.
[Ord. 2, Sec. 2, passed 1-12-2010]
(A)
To be recommended for designation as a Watertown historic landmark
("landmark"), a property must constitute or contain a place or structure
that is either:
(1)
Importantly associated with one or more historic persons or
events, or with the broad architectural, cultural, aesthetic, political,
economic or social history of the City or commonwealth; or
(2)
Historically or architecturally significant in terms of period,
style, methods of construction, or association with a famous architect
or builder.
(B)
For purposes of this chapter, a STRUCTURE is defined as a combination
of materials, including but not limited to, a building, wall, bridge,
statue or monument.
(C)
To initiate designation of a landmark, a petition shall be submitted to the Watertown Historical Commission ("Historical Commission") by the property owner. If the property owner withdraws the petition at any time prior to the City Council's vote under § 156.03(A), the designation process shall not continue.
(D)
Within 120 days after receiving such a petition, the Historical Commission
shall hold a public hearing on the proposed designation.
(1)
The Historical Commission shall not reconsider a proposed designation
that was rejected within the previous year, unless two-thirds of all
its members vote to do so, based on new, significant information.
(2)
The Commission shall give public notice of the hearing at least
14 days before the hearing date, by publishing the time, place and
purpose of the hearing in a local newspaper, and by mailing a copy
of the notice to the owner of record of the proposed landmark, and
to the abutting owners at the addresses listed on the most recent
local tax list, and to such other persons as the Historical Commission
shall deem entitled to notice.
(E)
Prior to the public hearing, the Historical Commission shall investigate
and prepare a report on the proposed landmark's historical, architectural
and other relevant significance, in addition to any information provided
by the petitioner. If the report recommends designation, the report
shall recommend the proposed boundaries of the landmark for incorporation
into the order of the City Council designating the landmark.
(F)
At least 14 days prior to the public hearing, the Commission shall
also transmit copies of the report to the Planning Board and the Zoning
Enforcement Officer for their comments, which shall be advisory only.
(G)
Following the close of the public hearing, the Historical Commission
may, by majority vote, recommend designation of the proposed landmark.
(H)
In deciding whether to recommend designation of a landmark, in addition to the standards in § 156.02(A), the Historical Commission shall consider:
(1)
Whether the historically or architecturally significant characteristics
or associations of the proposed landmark are, for the most part, original
and capable of preservation or restoration; and
(2)
Whether the location and current or expected use of the proposed
landmark are compatible with its preservation.
[Ord. 2, Sec. 3, passed 1-12-2010]
(A)
Designation of a landmark shall be by order of the City Council.
(B)
Unless specifically provided in the order designating a landmark,
based on a finding of its historic or architectural significance,
the authority of the Historical Commission under this chapter shall
not extend to the following categories of features of the landmark,
in which event alteration, construction or demolition of the features
so excluded may be carried out without the need to apply to the Historical
Commission for a certificate:
(1)
Garages, sheds, walls, fences and other accessory structures;
(2)
Storm doors and windows, screens, shutters, trelliswork, lighting
fixtures, signs, antennae and air conditioners;
(3)
Terraces, walkways and driveways;
(4)
Temporary structures, lawn statuary, and recreational equipment,
subject to such conditions as to duration of use, dimension, location,
and similar matters as the Commission may reasonably specify;
(5)
Exterior wall materials that do not involve alteration of any
cornice, fascia, soffit, bay, porch, hood, window, door casing or
other protruding decorative element;
(6)
Exterior paint color;
(7)
Roofing materials and color.
(C)
Amendments to the terms, or rescission, of a previously designated
landmark shall follow the same procedures governing designation. In
addition, the Historical Commission may, on its own, initiate rescission
of a previously designated landmark, or amendment of the terms of
a prior designation that reduces the scope of its reviewing authority.
(D)
No designation or amendment of a landmark shall be effective until
a map setting forth the boundaries of the landmark has been recorded
with the Registry of Deeds for the South District of Middlesex County,
or, in the case of a rescission, a copy of the rescission order has
been recorded.
(E)
Starting from the date the Historical Commission receives a valid
petition to designate a landmark, and continuing until the earliest
of: (1) the property owner withdraws the petition; (2) the Historical
Commission votes against recommending designation; (3) the City Council
votes against the proposed designation; or (4) one year has elapsed,
no application for a permit for alteration, construction or demolition
of the proposed landmark shall be granted until reviewed by the Commission
as though the property were designated a landmark.
(F)
If any landmark is within the bounds of a municipal historic district,
proposed alterations shall not be reviewed under this chapter but
under the relevant historic district ordinance. The property shall
nonetheless be a Watertown landmark, but shall not be subject to review
by the Historical Commission.
[Ord. 2, Sec. 4, passed 1-12-2010]
(A)
Except as this chapter or the order designating a landmark may otherwise
provide, no structure or exterior architectural feature of a landmark
shall be altered or demolished, nor any permit be issued for construction,
alteration or demolition on a property designated as a landmark, unless
the Historical Commission shall first have issued a certificate of
appropriateness or certificate of hardship. For purposes of this chapter,
EXTERIOR ARCHITECTURAL FEATURE is defined as such portion of the exterior
of a structure as is open to view from a public street, way, park
or body of water.
(B)
Any person wishing to obtain a certificate from the Historical Commission
shall file an application for a certificate of appropriateness or
a certificate of hardship, as the case may be, in such form as the
Historical Commission may reasonably determine, together with such
plans, elevations, specifications, material and other information
as may be reasonably deemed necessary by the Historical Commission
to enable it to make a determination on the application.
(C)
Within 45 days after the Historical Commission deems that an application
is complete, the Historical Commission shall hold a public hearing.
The Historical Commission shall give public notice of the hearing
at least 14 days before the hearing date, by publishing the time,
place and purpose of the hearing in a local newspaper, and mailing
a copy of the notice to the applicant, to the owners of all property
deemed by the Historical Commission to be affected thereby, as they
appear on the most recent local tax list, and to such other persons
deemed entitled to notice.
(D)
In reviewing an application for a certificate, the Historical Commission
shall not make any recommendations or requirements except for the
purpose of preserving the historically or architecturally significant
characteristics of a landmark. Factors the Historical Commission shall
consider include:
(1)
The historical and architectural significance of the landmark
in general, and of the particular structure or exterior architectural
feature involved in the application;
(2)
The general design, arrangement, texture, material and color
of the structure or exterior architectural feature involved;
(3)
The relation of such structure or exterior architectural feature
to properties in the surrounding area;
(4)
Whether preservation or restoration is structurally, technologically
and economically feasible;
(5)
In the case of new construction, the appropriateness of the
size, shape and location of the new structure or exterior architectural
feature, in relation both to the existing structures and features
of the landmark, and to properties in the surrounding area.
[Ord. 2, Sec. 5, passed 1-12-2010]
(A)
In issuing certificates, the Historical Commission may, in appropriate
cases, impose dimensional and setback requirements in addition to
those required by applicable provisions of the zoning ordinance.
(B)
The Historical Commission shall issue a certificate of appropriateness
to the applicant if:
(1)
It determines that the alteration, construction or demolition
for which an application has been filed will be appropriate for, or
compatible with, the preservation or protection of the landmark; or
(2)
The applicant agrees to modify the application to address any
concerns of the Commission, including recommendations as to appropriateness
of design, arrangement, texture, material and similar characteristics
that would make the application acceptable to the Commission, and,
within 14 days of the Commission action, the applicant files a written
modification of the application in conformity with the changes.
(C)
If a certificate of hardship has been applied for, or if a certificate
of appropriateness has been applied for and the Historical Commission
determines not to issue it, the Historical Commission shall issue
a certificate of hardship to the applicant if all of the following
are satisfied:
(1)
Owing to conditions especially affecting the structure or exterior
architectural features involved, but not affecting the landmark's
general historic qualities, failure to approve an application will
involve a substantial hardship, financial or otherwise, to the applicant;
(2)
The hardship is not due to the owner's avoidable failure to
maintain the landmark or other circumstances within the owner's control;
(3)
Such application may be approved without substantial derogation
from the intent and purpose of this chapter; and
(4)
The application may be approved without substantial detriment
to the public welfare.
[Ord. 2, Sec. 6, passed 1-12-2010]
(A)
Nothing in this chapter shall be construed to prevent:
(1)
The ordinary maintenance, repair or replacement of any structure
or exterior architectural feature of a landmark that does not involve
a change in its exterior design, material or outward appearance;
(2)
The meeting of requirements certified by a duly authorized public
officer to be necessary for public safety because of an unsafe or
dangerous condition;
(3)
The reconstruction, substantially similar in exterior design
and materials, of a structure or exterior architectural feature damaged
or destroyed by fire, storm or other disaster, provided such reconstruction
is begun within one year thereafter and carried forward with due diligence.
[Ord. 2, Sec. 7, passed 1-12-2010]
(A)
The Historical Commission shall promote public awareness and appreciation
of landmarks by maintaining a publicly available list of landmarks,
producing and distributing materials explaining their significance,
and, with the agreement of the property owner, providing identifying
signs and explanatory materials.
(B)
The Historical Commission shall assist owners of landmarks by providing
preservation guides and other information regarding maintenance, restoration
and rehabilitation.
(C)
The Historical Commission shall assist owners of landmarks by providing
information about obtaining available tax benefits, grants and listing
on the National Register of Historic Places and similar registers.
[Ord. 2, Sec. 8, passed 1-12-2010]
(A)
Any alteration, construction or demolition on a property designated
a landmark, without first obtaining and complying fully with the provisions
of this chapter, will be subject to a fine of $300 for each day that
the violation continues, in addition to any fine that may be imposed
for failure to comply with the State Building Code.
(B)
In addition to the foregoing, no building permit shall be issued
with respect to any property designated a landmark, on which structures
or exterior architectural features have been voluntarily altered,
constructed or demolished other than pursuant to a certificate granted
under the provisions of this chapter, for a period of two years after
the date of such alteration, construction or demolition.
