The purposes of the by-law, adopted under the provisions of MGL c. 40C, are to promote the educational, cultural, economic and general welfare of the public and the owners of property located in historic districts, through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of Rockport and the commonwealth or their architecture, and to maintain and improve the settings of those buildings in the district.
[HISTORY: Adopted by the Town Meeting of the Town of Rockport 3-22-1997 (Ch. 14E, Sec. 5, of the 1997 Code of By-laws). Amendments noted where applicable.]
There may be established in the Town of Rockport districts to be known as "Rockport Historic Districts," with the descriptions of each district to be set forth herein:
A.
Main Street Historic District. The Main Street Historic District is hereby created and shall be bounded and described as shown on a plan entitled "Main Street Historic District," dated June 1976, a copy of which is on file with the Town Clerk's office, which plan is incorporated herein by reference.
B.
Mt. Pleasant/South Street Historic District. The Mt. Pleasant/South Street Historic District is hereby created and shall be bounded and described as shown on a plan entitled "Mt. Pleasant/South Street Historic District," dated June 1976, a copy of which is on file with the Town Clerk's office, which plan is incorporated herein by reference.
C.
Downtown Historic District. The Downtown Historic District is hereby created and shall be bounded and described as shown on a plan entitled "Downtown Historic District," dated September 1980, a copy of which is on file in the Town Clerk's office, which plan is incorporated herein by reference.
D.
Broadway Historic District. The Broadway Historic District is hereby created and shall be bounded and described as shown on a plan entitled "Broadway Historic District," dated September 1982, a copy of which is on file in the Town Clerk's office, which plan is incorporated herein by reference.
[Amended 9-9-2019 FTM]
A.
There is hereby established an Historical Commission under the provisions of the "Historic Districts Act," MGL c. 40C, as amended, consisting of five members and two alternates appointed by the Select Board, including one member, where possible, from two nominees submitted by the Sandy Bay Historical Society; one member, where possible, from two nominees submitted by the Massachusetts State Chapter of the American Institute of Architects; one member, where possible, from two nominees of the Board of Realtors covering Rockport; and two members, where possible, from four nominees, each residents of historic districts in Rockport.
B.
When the Commission is first established, one member shall be appointed for one year, one member shall be appointed for a term of two years, and three members shall be appointed in like manner for three years, and their successors shall be appointed in like manner for terms of three years.
The Historical Commission shall adopt rules and regulations for the conduct of its business not inconsistent with the provisions of the Historic Districts Act or anything relative thereto, MGL c. 40C, as amended, and may be subject to appropriation, employ clerical and technical assistants or consultants and may accept money gifts and expend same for such purposes.
Applications for certificates, restrictions concerning building permits, factors to be considered by the Commission, notice of hearing and hearing requirements, powers, functions and duties of the Commission and appeals not provided for in this by-law shall be governed by MGL c. 40C, the Historic Districts Act.
When taking action under the provisions of the Historic Districts Act, MGL c. 40C, as amended, the Historical Commission shall make a determination within the time specified by the statute for a certificate of appropriateness, or such further time as the applicant may in writing allow.
The parts and provision of this by-law shall be deemed to be severable; if any of its provisions shall be held to be invalid or unconstitutional by any court of competent jurisdiction, then the remaining parts and provisions shall continue in full force and effect.