[HISTORY: Adopted by the Annual Town Meeting of the Town of Townsend 4-28-1975 by Art. 46. Amendments noted where applicable.]
This by-law shall be known and may be cited as the Townsend Historical District By-law and is adopted pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts as amended.
The purpose of this by-law is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the Town of Townsend or their architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith.
There is hereby established under the provisions of Chapter 40C of the General Laws, historic districts to be known as:
A. 
Townsend Historic District I; which district shall include generally the Town Common Area in Townsend Center. Referring to map of proposed Historic District I, starting at the intersection of Route 119 and 13, going northerly on route 13, properties 64 and 58, thence easterly on Highland Street properties 2 and 3, thence southerly on Brookline Street properties 9, 10, 11, 12 and 13 to Route 119, thence westerly on Route 119 properties 19, 20, 21, 22 and 23 to the point of beginning, and including Memorial Hall as indicated on the map of the Historic District as Parcel #34.
[Amended 4-24-1978 ATM by Arts. 20 and 21[1]]
[1]
Editor's Note: At the Special Town Meeting on 9-8-1998, under Art. 15, the Town voted to include the former bank building and the land therewith, now known as the Town Hall Annex, 274 Main Street, as part of Historic District I.
B. 
Historic District II; which district shall include an area of Townsend Harbor at the intersection of Main Street, Spaulding Street and South Street, referring to the map of the proposed Historic District II beginning at said intersection going easterly on Main Street, properties 1, 3 and 4; going southerly on South Street, properties 5, 6, 7A, 8, 9, 10, 11 and 12; going westerly on Main Street properties 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22; and going northerly on Spaulding Street property 23.
[Added 4-24-1978 ATM by Art. 22]
C. 
Historic District III; West Townsend, which includes, starting north on Canal Street, as far as the meeting of Dudley and Mason Road; east as far as 402 Main Street; and west as far as 484 Main Street; and south as far as 4 Elm Street West on the easterly side, and 1 Elm Street West on the westerly side.
[Added 4-27-1983 ATM by Art. 46]
[Amended 11-18-2008 STM by Art. 11]
There is hereby established an Historic District Commission under the provisions of the Historic District Act, General Laws, Chapter 40C, consisting of seven members appointed by the Board of Selectmen, including one member, where possible, from two nominees submitted by the Townsend Historical Society or the Society for the Preservation of New England Antiquities; one member, where possible, from two nominees of the Massachusetts state chapter of the American Institute of Architects; and one member, where possible, from two nominees of the Board of Realtors covering Townsend. One or more shall, where possible, be a resident of an historic district established in Townsend pursuant to the Historic Districts Act. When the Commission is first established, two members shall be appointed for a term of one year; two members shall be appointed for a term of two years, and their successors shall be appointed in like manner for terms of three years. The Board of Selectmen may also appoint two alternate members to the Commission for a term of three years. The alternates need not be from nominees of organizations entitled to nominate members. In case of the absence or inability to act on the part of a member of the Commission, his or her place shall be taken by an alternate member designated by the Chairman.
The authority of the Commission shall not extend to the review of the following categories of buildings or structures or exterior architectural features in the Townsend historic districts:
A. 
Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level.
B. 
Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae and similar appurtenances, or any one or more of them.
C. 
The color of paint.
D. 
The color of materials used on roofs.
E. 
The reconstruction substantially similar in exterior design of a building, 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.
In case any section, paragraph or part of this bylaw be for any reason declared invalid or unconstitutional by any court of competent jurisdiction, every other section, paragraph or part shall continue in full force and effect.
If the Town Meeting so votes, a commission established hereunder, shall have the powers and duties of an historical commission as provided in MGL c. 40C, § 8D and, in this event, a commission may be entitled an historical commission.