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]
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.
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.