[Ord. of 11-2-1988, § IV(A)]
There is established a historic district commission to execute
the declared purposes of this article.
[Ord. of 11-2-1988, § IV(B)]
(a)
Composition. The historic district commission shall consist of seven
members who shall reside in the Town.
(b)
Qualifications. In making appointments to the commission, the president
of the Town Council shall appoint at least two members who have a
demonstrated knowledge of American or local or architectural history,
architecture, real estate, historic preservation, planning, historic
building contracting, archaeology or other area of relevant knowledge.
(c)
Appointment, terms, vacancies and compensation. The appointment,
terms, filling of vacancies and compensation of the commission shall
be as follows:
(1)
All members shall be appointed by the president of the Town
Council with the consent of the Town Council.
(2)
Members shall be appointed for three-year staggered terms.
(3)
If a vacancy occurs before the expiration of a member's term,
the president of the Town Council, with the consent of the Town Council,
shall make an interim appointment to complete the unexpired term of
the member, which appointment shall be made within 31 days of receiving
written notice of such vacancy. Such appointment shall be made in
accordance with Subsections (a) and (b) of this section.
(4)
In making appointments to the commission, the president of the
Town Council may consult with any duly organized historic or preservation
society within the Town. Any such society may be given the opportunity
to submit a list of qualified citizens for consideration by the president
of the Town Council.
(5)
Members shall serve without compensation.
[Ord. of 11-2-1988, § IV(C)(1)]
The historic district commission shall organize itself annually
in the month corresponding to the month of the initial appointment
of the first commission by electing from its membership the following:
[Ord. of 11-2-1988, § IV(C)(2),
(D); Ord. No. 92-26, § 1, 10-21-1992]
(a)
The historic district commission shall adopt standards and rules
of procedure necessary for its governance, which standards and rules
of procedure may not be inconsistent with the provisions of this article.
(b)
The standards established by the commission must provide criteria
by which the commission will evaluate applications and shall not be
inconsistent with the Secretary of the Interior's Standards and Guidelines
for Rehabilitating Historic Buildings.
(c)
The rules of procedure established by the commission must provide
for the following:
(1)
The time and place of holding regular commission meetings;
(2)
The calling of special meetings by the chairperson or by at
least two other members of the commission;
(3)
The adoption of forms and written guidelines for all applications;
and
(4)
The adoption of standard certificates for the approval or rejection
of plans submitted to the commission for review.
(d)
The chairperson shall preside over all commission meetings and shall
have the right to vote.
(e)
The vice-chairperson shall, in case of absence or disability of the
chairperson, perform the duties of the chairperson.
(f)
The secretary shall keep a record of all commission proceedings,
resolutions and actions and shall provide a copy of such record to
the office of the Town Clerk where it shall be kept on file for public
inspection.
(g)
The commission members shall file a yearly financial statement with
the state ethics commission revealing sources of assets and income
and other financial activity and shall refrain from any prohibited
activities, including official conduct, which could result in personal
financial gain in accordance with the Conflict of Interest Law, G.L.
1956, § 36-14-1 et seq.
(h)
Five members of the commission shall constitute a quorum for the
transaction of its business.
(i)
The concurring vote of four members shall be necessary for either
approval or rejection of any plans before the commission for review
and for establishing or modifying commission standards and rules of
procedure.
(j)
The Town Solicitor or a designated assistant solicitor shall attend,
when requested by the Town Council, meetings of the commission, but
shall not have a vote. The solicitor's absence shall not prohibit
the commission from taking any action otherwise authorized by this
article.
(k)
All meetings of the commission shall be open to the public and all
citizens or their duly constituted representatives shall be entitled
to appear and be heard on any matter before the commission before
it reaches a decision.
(l)
The agenda for all regular and special meetings of the commission
shall be posted at least one week in advance in the Town hall and
in the Edward J. Hayden Library.
[Ord. of 11-2-1988, § IV(E)]
(a)
Review of historic district boundaries.
(1)
It shall be the duty of the historic district commission to review the list of historic districts and the map of historic districts described in § 30-33 at least once every three years and to make recommendations to the Town Council for modifications of historic district boundaries if necessary.
(b)
Review of plans.
(1)
It shall be the duty of the commission to review plans for the construction of any structure within a historic district or for the alteration, repair, moving or demolition of any structure within a historic district listed in § 30-33, in any manner affecting its exterior appearance or location or site appurtenances that affect the appearance of the surrounding area. The commission shall have the power to pass upon such plans before a permit for such activity is granted and before such activity is otherwise authorized by any Town government entity.
(2)
No exterior portion of any building, out-building, appurtenant feature or landscape element, including light fixtures, steps, walls, fences, pavements or other features, or aboveground utility structure or any type of sign shall be erected, altered, restored, moved or demolished within any historic district designated in § 30-33 until an application, has been submitted to the commission and a certificate of approval granted.
(3)
In reviewing plans, the commission shall give consideration
to the following:
a.
The historic or architectural value and significance of the
structure and its relationship to the historic value of the surrounding
area;
b.
The relationship of the exterior architectural features of such
structure to the rest of the structure and the surrounding area;
c.
The general compatibility of exterior arrangement, texture and
materials proposed to be used; and
d.
Any other factor, including aesthetic, which it deems to be
pertinent.
(4)
The commission shall pass only on exterior features of the structure
and shall not consider interior arrangements, nor shall it disapprove
applications except in regard to the considerations as set forth in
Subsection (b)(2) of this section.
(5)
It is the intent of this article that the commission be strict in its judgment of plans for structures deemed to be valuable in § 30-33. It is also the intent of this article that the commission be lenient in its judgments of plans for structures of little historic value or for plans for new construction, except where such plans would seriously impair the historical or architectural value of surrounding structures or the surrounding area. It is not the intent of this article to limit new construction, alteration or repairs to any one period or architectural style.
(6)
For an application for an alteration adversely affecting the
appearance of a structure or for moving or demolishing a structure
that the commission deems valuable to the historic character of the
Town, the commission shall endeavor to work out with the owner an
economically feasible plan for the preservation of such a structure.
Unless the commission is satisfied that retention of such structure
constitutes a hazard to the public safety, which hazard cannot be
eliminated by economic means available to the owner, the commission
shall file with the Building Official or other responsible Town government
entity its rejection of such application. In the absence of a change
in such structure arising from casualty, no new application for the
same work shall be filed within one year after such rejection. For
any structure deemed to be valuable for the architectural period it
represents and important to the district within which it exists, the
commission may file with the Building Official or other responsible
Town government entity its approval of such application if:
a.
Such structure is a deterrent to a major improvement program
which will be of substantial benefit to the community;
b.
Retention of such structure would cause undue financial hardship
to the owner; or
c.
The retention of such structure would not be in the interest
of the majority of the community.
