No improvement shall be erected, altered, restored, moved or
demolished on a landmark site or within an historic district until
after an application for a certificate of appropriateness as to the
impact of said action(s) upon exterior architectural features has
been submitted to the Commission and approved by said Commission.
Furthermore, no landmark shall be altered, restored, moved or demolished
until after an application for a certificate of appropriateness as
to the impact of said action(s) upon exterior architectural features
has been submitted to the Commission and approved by said Commission.
Requirement for a certificate of appropriateness shall apply only
to those changes or improvements that are viewable from a public roadway
or right-of-way. It is the responsibility of the property owner to
apply for the certificate of appropriateness. Furthermore, the owner
shall be responsible for complying with all instructions that are
part of the application for a certificate of appropriateness, including,
but not limited to, notification of adjacent property owners. Said
notification shall be verified by the owner's submission of an
affidavit of mailing.
In its deliberations, the Commission shall not consider the
arrangement or use of the interior of any improvement and shall take
no action except for the purpose of preventing the erection, alteration,
restoration, removal or demolition of exterior architectural improvements
obviously incongruous with, or having an explicit deleterious effect
upon, the historic aspects of the landmark, landmark site or historic
district.
Nothing shall be construed to prevent ordinary repairs and maintenance
or repair of any existing exterior architectural feature or an improvement
that does not involve a change of design thereof. Replacement of entire
windows shall not constitute an ordinary repair under the foregoing.
The Landmarks and Historic District Commission shall hold a
public hearing upon each application for a certificate of appropriateness.
Notice of the time and place of said hearing shall be given by the
Commission by publication in form of a legal advertisement in the
official Town newspaper 15 days before such hearing. Within not more
than 60 days after the filing of an application, the Commission shall
make a decision upon such application and shall give written notice
of its decision to the applicant, including its reasons for approval
or disapproval. Evidence of approval shall be by certificate of appropriateness
issued by the Commission. Failure of the Commission to act within
said 60 days shall constitute approval, and no other evidence of approval
shall be needed. The Commission shall keep a record of all applications
for certificates of appropriateness and of all its actions.
If the Commission determines that the proposed erection, alteration,
restoration, removal or demolition will be appropriate, it shall issue
a certificate of appropriateness. In passing upon appropriateness,
the Commission shall consider, in addition to any other pertinent
factors, the historical and architectural value and significance,
architectural style, general design, arrangement, texture and material
of the architectural features involved as well as the relationship
thereof to the exterior architectural style and pertinent features
of other improvements in the immediate neighborhood if relevant. A
certificate of appropriateness may be refused for any building or
structure, the erection, alteration, restoration, removal or demolition
of which, in the opinion of the Commission, would be detrimental to
the interest of the landmark, landmark site or historic district.
