[HISTORY: Adopted by the Town of Wells 3-8-1985.
Amendments noted where applicable.]
[Amended 11-7-2000]
This chapter is adopted pursuant to the state's
constitutional and statutory home rule authority and in accordance
with the state's Growth Management Program, which encourages the identification
and preservation of historical resources located in Wells. Its purposes
are to protect, enhance and preserve buildings and sites possessing
particular historic, cultural or archaeological significance in order
to promote the educational, cultural and economic welfare of the residents,
property owners and visitors to Wells. To achieve these purposes it
is intended that certain areas may be designated as historic districts
and sites and certain structures as historic buildings, as to which
a set of regulations and review standards will be applied to prevent
inappropriate exterior alterations to or demolition of historic buildings.
Such a procedure will help to preserve the essential character of
the Town of Wells.
As used in this chapter, the following terms
shall have the meanings indicated:
Any participant in proceedings of the Commission in disagreement
with any determination of the Commission.
Includes rebuilt, reconstructed, added to, rehabilitated,
restored, renovated, moved and demolished.
The formal authorization by the Commission for activities.
The duly appointed Code Enforcement Officer of the Town of
Wells.
[Amended 11-7-2000]
Any building within the Town of Wells which is, in whole
or in part, 50 or more years old and which is being or has been designated
by the Historic Preservation Commission of the Town of Wells to be
an historical building after a finding by the Commission that a building
is historically or architecturally significant (in terms of period,
style, method of building construction or association with a famous
person, architect or builder) either by itself or in the context of
a group of buildings.
A geographically definable area possessing a significant
concentration, linkage or continuity of sites, buildings, structures
or objects united by past events or aesthetically by plan or physical
development and designated in accordance with the requirements of
this chapter as appropriate for historic preservation. Such historic
districts may also comprise individual elements separated geographically
but linked by association or history.
A body appointed by the Selectmen of Wells, whose function
it is to carry out the provisions of this chapter.
Any parcel of land of special significance in the history
of the Town of Wells and its inhabitants or upon which an historic
event has occurred and which has been designated as such by the procedures
in this chapter.
This chapter does not alter the existing land use regulations under Chapter 145, Land Use, which continues to apply to all property regulated by this chapter.
A.
The Wells Historic Preservation Commission shall be
comprised of nine voting residents of the Town, as appointed and designated
by the Board of Selectmen. One member shall be so designated from
the membership of the Historical Society of Wells and Ogunquit.
[Amended 11-2-1993; 4-14-2000]
B.
The members of the Commission shall serve terms of
three years. Initially, two members shall be appointed for one year,
three members shall be appointed for two years, and four members shall
be appointed for three years. Thereafter, each appointee shall serve
a term of three years, except in those instances in which the appointment
is made to fill a vacancy in an unexpired term, in which case the
appointment shall be for the remainder of the unexpired term. The
Board of Selectmen shall act within 60 days to fill a vacancy, including
expired terms.
[Amended 4-14-2000]
C.
Four members constitute a quorum and a tie vote a
refusal. A majority vote of the membership of the Commission shall
be required for action under this chapter.
D.
The Commission shall elect a Chairman and Secretary
from its membership. The Chairman shall be responsible for the administration
of the activities of the Commission, and the Secretary shall be responsible
for maintaining complete and accurate records of the activities of
the Commission. A Vice Chairman may be named to serve in the absence
of the Chairman.
E.
Whenever possible the Board of Selectmen shall make
appointments to the Commission from the legal and architectural design
professions and shall strive to make appointments of individuals who
are knowledgeable in the field of historic preservation.
The duties, functions and powers of the Commission
shall be to:
A.
Assist and advise owners of historic buildings on
the physical and financial aspects of preservation, renovation, rehabilitation
and additions.
B.
Assist and advise owners in complying with the requirements
of this chapter to the extent possible.
C.
Receive fees and accept grants, appropriations and
gifts of money and service and use its financial resources to employ
clerical and technical assistance, publish educational materials,
conduct surveys of properties or carry out any of its duties.
E.
Review all proposed additions, reconstruction, alterations,
construction or demolition of the properties designated under the
jurisdiction of this chapter.
F.
Review all proposed National Register nominations
for properties within its jurisdiction with the advice and assistance
of the local historical society.
G.
Serve an advisory role to local government officials
regarding local, historical and cultural resources and act as a liaison
between local government and those persons and organizations concerned
with historic preservation.
H.
Conduct or initiate a continuing survey of local,
historic and cultural resources, in accordance with the Maine Historic
Preservation Commission guidelines, with the advice and help of the
local historical society.
I.
Work to provide continuing education on historic preservation
issues to local citizens with the advice and help of the local historical
society.
J.
Provide the Code Enforcement Officer with a continually
updated list of the historic houses and sites under its jurisdiction.
K.
Provide current lists of historic buildings and sites,
to be on file not only with the Code Enforcement Officer but also
with the Town Clerk, the Maine State Historic Preservation Commission
and the local historical society.
The historic buildings, sites and historic districts
established in accordance with this chapter shall have one or more,
or any combination of, the following characteristics and qualifications:
A.
Structures at which events occur or have occurred
that contribute to and are identified with or significantly represent
or exemplify the broad cultural, political, economic, military, social
or sociological history of the Town of Wells and the nation, including
buildings at which visitors may gain insight or see examples, either
in particular items or of larger patterns, in the North American heritage.
B.
Structures associated with historic personages, great
ideas and/or ideals.
C.
Structures embodying examples of architectural types
of specimens valuable for study of a period, style or method of building
construction, of community organization and living or a notable building
representing the work of a master builder, designer or architect.
D.
Those buildings which are listed on the National Register
of Historic Places or which are the subject of pending application
for such listing.
A.
Historic districts shall be established or enlarged by amendment to § 132-8 of this chapter. Such amendments shall be initiated by the local historical society, the Commission itself or by petition by 10 or more residents of the Town of Wells.
B.
Any application for establishment of an historic district
shall be in writing to the Commission and shall include the following,
as appropriate:
(1)
A description of the physical elements, qualities,
architectural style, period or historical significance represented
by the district, including a consideration of scale, materials, workmanship
and spatial qualities, as relevant.
(3)
A statement on the remaining physical elements which
make this area an historic district and a description of building
types, architectural styles and the periods represented, as relevant.
(4)
A justification of the boundaries of the district.
(5)
A map showing all district structures with the identification
of contributing structures or a site map illustrating significant
details of a structure.
C.
Studies and recommendations. Before making its recommendations
concerning the proposed establishment of an historic district, the
Commission may conduct studies and research on the proposal with the
assistance of consultants. The Commission shall forward a draft to
the local historical society, to the Planning Board and to the Maine
Historic Preservation Commission for review and comment.
D.
Public hearing.
(1)
A public hearing shall be held within 60 days of receipt
of the application. Written notice of the proposal shall be given
to the applicants, owners of all property abutting or to be included
within the proposed district and all other persons found by the Commission
to have a special interest in the proposal, including the local historical
society.
(2)
Failure of any property owner to receive notice of
the hearing shall not necessitate another hearing and shall not invalidate
any recommendations made by the Commission.
(3)
Notice of the hearing shall be included in a newspaper
of general circulation at least 10 days prior to the hearing date.
(4)
Final report. Not later than 30 days after said public
hearing, the Commission shall submit a final report with its written
recommendations, including the views of affected and interested parties,
to the Selectmen.
(5)
Amendments shall be enacted by Town Meeting in accordance
with state and municipal laws to establish historic districts.
(Reserved)
A.
The local historical society, the Commission itself
or 10 or more voting residents of the Town of Wells may submit lists
of buildings and sites to be included under this chapter as historic
buildings and historic sites.
B.
Any application for the establishment of an historic
building or historic site shall be in writing and shall include the
following, as appropriate:
C.
Before making its decision concerning the proposed establishment of historic buildings or historic sites, the Commission may consult studies and research on the proposal with the assistance of consultants. Within 30 days after receipt of the proposed historic building or historic site, the Commission shall notify in writing the Maine State Historic Preservation Commission, the local historical society and the local Planning Board of its decision as to whether the proposed buildings and/or sites meet the requirements of § 132-6 of this chapter. Reasons for its decision must be clearly stated.
D.
Public hearing.
(1)
A public hearing shall be held within 60 days of receipt
of the application. Written notice of the proposal shall be sent to
the applicants, the owners of the property involved, the abutters
and all other persons found by the Commission to have a special interest
in the proposal, including the local historical society.
(2)
Failure of any property owner to receive notice of
the hearing shall not necessitate another hearing and shall not invalidate
any recommendations made by the Commission.
(3)
Notice of the hearing shall be included in a newspaper
of general circulation at least 10 days prior to the hearing date.
(4)
Final report. Not later than 30 days after the public hearing, the Commission shall make its decision as to whether the proposed historic building or historic site meets the review criteria in § 132-6 of this chapter and shall be established as an historic building or historic site. The Commission's decision is final and binding, and when an historic building or site is established by the Commission, it is subject to the terms of this chapter as it relates to it. Written notice of this final decision shall be sent to the Maine State Historic Preservation Commission, the local historical society, the Planning Board and the owner of the historic building or historic site, and if the request for historic status has been by petition, the final decision shall be sent to the 10 or more signers of the petition.
E.
A list of the historic buildings and historic sites,
as established by the Commission, shall be submitted and continuously
updated to the Code Enforcement Officer. Current lists of historic
buildings and sites shall be on file not only with the Code Enforcement
Officer but also with the Town Clerk, Maine State Historical Preservation
Commission and the local historical society. These lists shall be
available for review during regular working hours of these individuals
and organizations.
F.
The Historic Preservation Commission shall file an
affidavit at the York County Registry of Deeds which includes the
following information:
[Added 11-2-1993]
A.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance or repair of any exterior architectural feature
of any building or structure where such repair does not involve a
change in design, material or appearance.
B.
Nothing in this chapter shall restrict impermanent
or easily reversible alterations such as storm windows, storm doors,
window air conditioners, shutters, paint or signs.
C.
Only changes proposed by the property owner or lessor
are subject to review. Passage of this chapter does not require exterior
alterations.
D.
Nothing in this chapter shall prevent the construction,
reconstruction, alteration or demolition of any building or structure
where construction is in accordance with a valid building permit issued
prior to the adoption of this chapter.
A certificate of appropriateness or a certificate
of demolition issued by the Historic Preservation Commission is required
for:
A.
A material change in the exterior, with respect to
any historic building, by addition, reconstruction, alteration or
demolition, whether or not a building permit is required.
B.
Any change in the boundaries of the district or in
the structures or sites within, except those permitted under this
chapter, whether or not a building permit is required.
A.
General. The standards and requirements contained
in this section and in the United States Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitation shall
be used, when applicable, in review of applications for certificates
of appropriateness for additions, alterations, renovations and demolition
and shall be available in the Town Clerk's office.
[Amended 11-7-2000]
B.
Reconstruction, renovation and alterations.
(1)
A structure classified as an historic building, site
or a building located in a designated historic district or an appurtenance
related to such structures, buildings or sites, including but not
limited to walls, fences, light fixtures, steps, paving, signs and
natural features, shall not be altered, and no certificate of appropriateness
shall be issued for such actions unless those actions will preserve
or enhance the historical and architectural character of the building.
(2)
All distinguishing qualities of an historic building,
site or district shall be maintained to the fullest extent practicable.
When removal is unavoidable, replacement with similar features shall
be encouraged. Although exact replication is often not possible or
economically feasible, a similar feature made of other materials can
be appropriate. Imitations made of synthetic materials should be avoided
when not in scale or in the same architectural tradition; however,
the Commission is empowered to approve the use of such synthetic materials
when deemed more appropriate. Distinguishing architectural features
shall include cornices, frames around windows and doors, lintels,
arches, chimneys and all other matters of architectural significance
that are not excluded under this chapter.
C.
Additions.
(1)
Exterior additions shall be considered only after
it has been determined by the Commission that the new use cannot be
successfully met by altering non-character-defining interior spaces.
(2)
The attached exterior addition shall be placed at
the rear or on an inconspicuous side of an historic building and shall
have its size and scale limited in relationship to the historic building.
(3)
New additions shall be designed in a manner that makes
clear what is historic and what is new.
(4)
When additional stories are required for the new use,
they shall be constructed so that the historic appearance of the building
is not radically changed.
A.
The Code Enforcement Officer shall not issue any permits
or other authorizations for any additions, alterations or demolitions
with regard to any historical building in the Town of Wells in the
absence of a certificate of appropriateness.
B.
A certificate of appropriateness issued by the Historic
Preservation Commission shall be required for any material change
in the exterior appearance of an historic building, whether by additions,
demolitions, reconstruction or alteration, regardless of whether or
not a building permit or other authorization is concurrently required.
A.
Application for a certificate of appropriateness may
be obtained from the Code Enforcement Officer. Completed applications
shall be submitted to the Code Enforcement Officer, who shall transmit
them to the Historic Preservation Commission for action within at
least five days. When the Commission acts on the application, it shall
be returned to the Code Enforcement Officer, who shall then issue
or deny permits and/or certificates of appropriateness.
B.
The application fee shall be as established by the
Board of Selectmen, following notice and a public hearing, payable
to the Town of Wells, and shall accompany the application.
C.
The application shall state the location, use and
nature of the matter for which a certificate is sought and shall contain
at least the following information, unless any items are waived by
the Commission:
(1)
The applicant's name and address and his interest
in the property (such as owner or lessor).
(2)
The owner's name and address, if different from the
applicant's.
(3)
The address or location of the property.
(4)
The present use and zoning classification of the property.
(5)
A brief description of the construction, reconstruction,
remodeling, alteration, demolition or moving requiring the issuance
of a certificate of appropriateness.
(6)
A drawing or drawings indicating the design, texture
and location of any proposed alteration or new construction for which
the certificate is required. As used herein, "drawings" shall mean
plans and exterior elevations with sufficient detail to show exterior
appearance and the architectural design of the buildings. Additionally,
the applicant shall provide evidence of materials and textures, including
samples or pictures of any brick, shingles or siding proposed to be
used. Drawings shall not be required to be prepared by a registered
architect but shall be clear, complete and specific.
(7)
Photographs of the building involved and of immediately
adjacent buildings.
(8)
A site plan indicating any proposed changes involving
walls, walks, accessory buildings, signs and outdoor light fixtures.
This drawing need not necessitate the use of professional services.
A.
Notice to owner. Within 15 days after the filing of
an application for a certificate of appropriateness to the Code Enforcement
Officer, the Commission shall inform the following persons by certified
mail of the application and meeting date: the applicant, owners of
abutting property, the Historical Society of Wells and Ogunquit, the
Code Enforcement Officer and the Commission's consultants and professional
advisors (if any). For purposes of this notice, the owners of property
shall be considered to be those against whom taxes were assessed on
the prior April 1. Failure of any person to receive notices shall
not necessitate another hearing or invalidate any action by the Commission.
B.
Time. The time periods relating to a building permit application shall be extended to the time periods referenced herein if a building permit under Chapter 145, Land Use, is also required for the contemplated activity requiring a certificate hereunder.
C.
Hearing. A public hearing on the application shall
be conducted by the Commission within 30 days of receipt of the application
by the Code Enforcement Officer.
D.
Action. The Commission shall advise the applicant
in writing of its decision as to whether the proposed construction,
reconstruction, alteration or demolition is appropriate or inappropriate
within 30 days of the public hearing. If the Commission determines
the proposal is appropriate, it shall approve a certificate of appropriateness
and return it to the Code Enforcement Officer for issuing of necessary
authorities. If it is deemed inappropriate, no certificate of appropriateness
shall be issued. Further, where applicable, the Commission shall advise
the applicant of any changes which would secure the approval of the
Commission, as well as all reasons for denial.
E.
Appeals. Appeals involving interpretation or any alleged
error in the procedure followed by the Code Enforcement Officer or
by the Historic Preservation Commission may be made by any aggrieved
party to the Wells Zoning Board of Appeals, which shall remand the
matter to the Code Enforcement Officer or the Commission, as the case
may be, for proper handling should an error be determined by a majority
vote of the Zoning Board of Appeals. All other appeals from any final
decision of the Commission may be taken by an aggrieved party or by
the Commission itself to the York County Superior Court, in accordance
with Rule 80-B of the Maine Rules of Civil Procedure.
A.
Before any authorization may be issued for demolition
of a structure which is historically significant pursuant to the provisions
hereof, the Commission shall determine that the building is not of
sufficient historical significance to warrant preservation efforts
and expense or is not capable of a reasonable economic return in its
present location. In making such determination the Commission shall
study the architectural and historic qualities of the building and
such appraisal(s) as may be conducted by a professional appraiser
on behalf of the Commission, at the expense of the Town of Wells,
and an appraisal undertaken by the applicant if the applicant shall
so desire.
B.
The time for a decision by the Commission under this
section shall extend for an additional term of 30 days in addition
to the 30 days between the receipt of the application by the Code
Enforcement Officer and the hearing and the 30 days between the hearing
and the notification of the applicant by the Commission of its decision,
and such additional term shall be applied and divided between the
required time for the hearing and for the decision in such fashion
as the Commission, in the exercise of its sole and absolute discretion,
shall determine.
C.
In the event that it shall be determined that preservation
of the building is warranted pursuant to the provisions of this section,
no permit for such demolition shall be issued for a term of three
months thereafter, during which time the Commission and the applicant
shall, where reasonably possible, explore any preservation opportunities
involving the sale and/or relocation of the structure.
New construction and the alteration of existing
historic buildings outside the boundaries of an historic district
shall be visually compatible with the historic building so altered.
New construction and the alteration of existing buildings within the
boundaries of the historic district shall be compatible with other
buildings and with streets and open spaces within the district. Applications
for certificates of appropriateness and demolition shall be reviewed
in terms of the following:
A.
Height. The height of proposed additions and alterations
shall be compatible with the historic building so altered or with
adjacent buildings within an historic district.
B.
Proportion of building front facade. The relationship
of the width of the building to the height of the front elevation
shall be visually compatible with the individual historic building
and with the buildings of the historic district.
C.
Proportion of openings with the facade. The relationship
of the width of the windows to height of windows and doors shall be
visually compatible.
D.
Rhythm of solids to voids in front facades. The relationship
of solids to voids in the front facade shall be visually compatible.
E.
Rhythm of spacing of buildings (only applies to historic
districts). The relationship of buildings to the open space between
them and adjoining buildings shall be compatible with those of buildings
in the historic district.
F.
Rhythm of entrance and/or porch projection. The relationship
of entrance and porch to the street shall be compatible.
G.
Relationship of materials and textures. The relationship
of materials and textures shall be compatible.
H.
Roof shapes. The roof shape of a building shall be
compatible with the individual historic building and with the buildings
in the historic district to which it is visually related.
I.
Scale of buildings. The size of the building mass
in relation to open spaces, the windows and door openings, porches
and balconies shall be compatible.
J.
Orientation. A building shall be compatible with the
building to which it is visually related in its directional character,
whether this is vertical, horizontal or nondirectional in character.
A.
Violations. A person violating any provision of this
chapter shall be subject to the penalties set forth in 30-A M.R.S.A.
§ 4452 for violation of land use ordinances, and this chapter
shall be deemed a local land use ordinance for purposes of enforcement.
[Amended 3-10-1990; 11-7-2000]
B.
Additional remedies. In addition to the remedies provided
herein, the Commission and/or the Code Enforcement Officer is authorized
to institute any and all actions and proceedings, in law or equity,
as it or he may deem necessary and appropriate to obtain compliance
with the requirements of this chapter or to prevent a threatened violation
thereof.
