[HISTORY: Adopted by the Town Meeting of the Town of Suffield 5-27-1963 (Ch. 14, Art. V, of the 1987
Code). Amendments noted where applicable.]
A.
Established. In order to promote the educational, cultural, economic and general welfare of the Town through the preservation and protection of buildings and places of historic interest by the maintenance of such as landmarks in the history of the Town, of the state and of the nation, and through the development of appropriate settings for such buildings and places, an historic district within the Town as more particularly described in Subsection B is hereby established pursuant to the provisions of §§ 7-147a to 7-147k inclusive of the General Statutes.
B.
Boundaries.
The boundaries of the historic district as set forth on a map titled
"Proposed Historic District, Suffield, Connecticut" prepared by Close,
Jensen & Miller, Civil Engineers, and dated January 1963, are
hereby established and approved as the boundaries of such historic
district. The map is made a part of this chapter by reference.
A.
Commission
established; composition; compensation of members. The Historic District
Commission, hereinafter referred to as the "Commission," is hereby
established. The Commission shall consist of five regular and three
alternate members who shall be appointed as provided in the Town Charter.
Each regular and alternate member of the Commission shall be a resident
elector of the Town holding no salaried municipal office. Not fewer
than three of the five regular members of the Historic District Commission
shall be residents within the historic district and not fewer than
one of the two alternate members shall be a resident of the historic
district. The Historic District Commission shall possess the powers
and perform the duties and functions of an Historic District Commission
as provided in the General Statutes and as more particularly set forth
in this chapter. No regular or alternate member of the Historic District
Commission shall receive any compensation for his service.
[Amended 12-19-2019]
B.
Organization.
Within 30 days after the appointment of the members of the Historic
District Commission, they shall meet, organize and, from among the
regular members of the Historic District Commission, elect a Chairperson,
a Vice Chairperson and a Clerk. Thereafter annually during the month
of September the Historic District Commission shall elect from among
its regular members a Chairperson, a Vice Chairperson and a Clerk.
Alternate members of the Historic District Commission shall not participate
in any election of officers of the Historic District Commission. In
all other matters, when a regular member of the Historic District
Commission is unable to act because of absence, illness or disqualification,
he/she shall notify the Chairperson who shall forthwith designate
one of the alternate members to serve in the place of such regular
member, and such alternate member shall thereupon exercise all the
powers and duties of such regular member until the absence, illness
or disqualification of the regular member shall have been terminated.
C.
Powers;
quorum.
(1)
The Historic District Commission shall exercise the powers and responsibilities
imposed upon an Historic District Commission by the provisions of
the General Statutes. It shall fix the time and place of its regular
meetings and may hold such special meetings as may from time to time
be required. The Historic District Commission shall keep a record
of its proceedings, deliberations and actions and shall annually report
to the Town respecting its work. The Historic District Commission
shall adopt rules of procedure not inconsistent with the provisions
of the General Statutes and may, within the limit of appropriations
made for the purpose by the Town, employ clerical and technical assistance
or consultants.
(2)
The presence of four regular members or, in the case of proper designation
of an alternate or alternates as provided by the terms of this chapter,
the presence of four regular and alternate members shall constitute
a quorum. No resolution or vote except a vote to adjourn or to fix
the time and place of its next meeting shall be adopted by fewer than
three affirmative votes.
A.
Generally.
No building or structure shall be erected, altered, restored, moved
or demolished within the Suffield historic district until after an
application for a certificate of appropriateness as to exterior architectural
features has been submitted to the Historic District Commission and
approved by the Historic District Commission. "Exterior architectural
features" shall include such portion of the exterior of a structure
as is open to view from a public street, way or place. The style,
material, size and location of outdoor advertising signs and bill
posters within the historic district shall also be under the control
of the Historic District Commission. The provisions of this subsection
shall not be construed to extend to the color of paint used on the
exterior of any building or structure.
[Amended 1-7-1964]
B.
Application
for certificate of appropriateness; hearing; approval.
(1)
The Historic District Commission shall hold a public hearing upon each application for a certificate of appropriateness. Notice of the time and place of such hearing shall be given by publication in the form of a legal advertisement appearing in a newspaper having a substantial circulation in the Town at least seven days before such hearing. Within not more than 60 days after the filing of an application as required by Subsection A, the Historic District Commission shall pass upon such application and shall give written notice of its decision to the applicant. Evidence of approval, as required by Subsection A, shall be by certificate of appropriateness issued by the Historic District Commission.
(2)
Failure of the Historic District Commission to act within such 60
days shall constitute approval and no other evidence of approval shall
be needed. The Historic District Commission shall keep a record of
all applications for certificates of appropriateness and its actions
with respect to each. The Historic District Commission's records
and its written decision rendered on each such application shall specify
the grounds for approval or denial.
(3)
In its deliberations, the Historic District Commission shall not
consider interior arrangement or use and shall take no action except
for the purpose of preventing the erection, reconstruction, restoration,
alteration or razing of buildings in the historic district obviously
incongruous with the historic aspects of the district.
C.
Considerations
in determining appropriateness. If the Historic District Commission
determines that the proposed erection, construction, restoration,
alteration or razing will be appropriate, it shall issue a certificate
of appropriateness. In passing upon appropriateness the Historic District
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 and the relationship thereof to the exterior architectural
style and pertinent features of other structures in the immediate
neighborhood. A certificate of appropriateness may be refused for
any building or structure, the erection, reconstruction, restoration,
alteration or razing of which, in the opinion of the Historic District
Commission, would be detrimental to the interest of the historic district.
Where, by reason of topographical conditions, district borderline
situations, immediately adjoining existing developments or because
of other unusual circumstances, the strict application of the provisions
of this chapter would result in exceptional practical difficulty or
undue hardship upon the owner of any specific property, the Historic
District Commission in passing upon applications shall have power
to vary or modify strict adherence to the provisions of this chapter
or to interpret the meaning of this chapter so as to relieve such
difficulty or hardship, provided such variance, modification, or interpretation
shall remain in harmony with the general purpose and intent of this
chapter so that the general character of the district shall be conserved
and substantial justice done. In granting variations, the Historic
District Commission may impose such reasonable and additional stipulations
and conditions as will, in its judgment, better fulfill the purposes
of this chapter.
A.
If any
action or ruling taken by the Historic District Commission pursuant
to the provisions of §§ 7-147a to 7-147k, inclusive,
of the General Statutes or of this chapter has been violated, the
Commission may, in addition to other remedies, institute an action
or proceeding to prevent such unlawful erection, construction, reconstruction,
alteration, razing, maintenance or use or to restrain, correct or
abate such violation or to prevent the occupancy of such building,
structure or land, or to prevent any illegal act, conduct, business
or use in or about such premises.
B.
Regulations
and orders of the Historic District Commission issued pursuant to
such sections of the General Statutes or of this chapter shall be
enforced by the Building Official of the Town, who is hereby authorized
to inspect and examine any building, structure, place or premises
and to require, in writing, the remedying of any condition found to
exist therein or thereon in violation of any provision of the regulations
or orders made under the authority of such sections of the General
Statutes or of this chapter.
[Amended 12-19-2019]
C.
The owner
or agent of any building or premises where such a violation has been
committed or exists, or the lessee or tenant of an entire building
or entire premises where such violation has been committed or exists,
or the owner, agent, lessee or tenant of any part of the building
or premises in which such violation has been committed or exists,
or the agent, architect, builder, contractor, or any other person
who commits, takes part in or assists in any such violation or who
maintains any building or premises in which any such violation exists,
shall be fined not less than $10 nor more than $100 for each day that
such violation continues, but if the offense is willful, the person
convicted thereof shall be fined not less than $100 nor more than
$250 for each day that such violation continues, and the Superior
Court for the judicial district wherein such violation continues or
exists shall have jurisdiction of all such offenses, subject to appeal
as in other cases. Each day that a violation continues to exist shall
constitute a separate offense.
[Amended 12-19-2019]
[Amended 12-19-2019]
Any person or persons severally or jointly aggrieved by any
decision of the Historic District Commission or of any officer thereof
may, within 15 days from the date when such decision was rendered,
take an appeal to the Superior Court, which appeal shall be made returnable
to such court in the same manner as that prescribed for civil actions
brought to such court. Notice of such appeal shall be given by leaving
a true and attested copy thereof in the hands of or at the usual place
of abode of the Chairperson or Clerk of the Historic District Commission
within 12 days before the return day to which such appeal has been
taken. Procedure upon such appeal shall be the same as that defined
in § 8-8 of the General Statutes.
[Amended 1-7-1964; 12-19-2019]
Nothing in this chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior feature in the historic district
which does not involve a change of design thereof; nor to prevent
the construction, reconstruction, alteration or demolition of any
such feature which the Building Official certifies is required by
the public safety because of an unsafe or dangerous condition; nor
to prevent the construction, reconstruction, alteration or demolition
of any such feature under a permit issued by the Building Official
prior to the effective date of establishment of the district.
