[HISTORY: Adopted by the Board of Selectmen of the Town of
East Hampton 5-11-1977 (Ord. No. 14.00); amended 9-4-1981 (Ord. No. 14.01); amended by the Town Council 2-23-2010. Subsequent amendments noted
where applicable.]
To promote the educational, cultural, economic, and general
welfare and to preserve and protect the distinctive characteristics
of buildings and places associated with the history of the Town or
indicative of a period or style of architecture, there is hereby established
an historic district in the Town, to be known as "Middle Haddam Historic
District," and the boundaries of the historic district are shown on
a map delineating the area involved, which map is incorporated herein
by reference and entitled “Middle Haddam Historic District Town
of East Hampton Connecticut” dated August 2009 and prepared
by Applied Geographics, Inc.[1]
[1]
Editor's Note: The Middle Haddam Historic District Map prepared by Applied Geographics, Inc., dated August 2009, is included at the end of this chapter.
A.
This Historic District Commission established under the provisions
of this chapter shall consist of five regular and three alternate
members, who shall be electors of the Town in which the district is
situated holding no salaried municipal office. At least three members
and two alternates of the Historic District Commission shall reside
in the Historic District. Such alternate members shall, when seated
as provided in this section, have all powers and duties of a member
of the Commission. If a regular member of said Commission is absent
or has a conflict of interest, the Chairman of the Commission shall
designate an alternate to so act, choosing alternates in rotation
so that they shall act as nearly equal a number of times as possible.
If any alternate is not available in accordance with such rotation,
such fact shall be recorded in the minutes of the meeting.
B.
The Board of Selectmen shall make appointments to the Commission
as follows: one member to be appointed for a term expiring January
1, 1982, one for a term expiring January 1, 1983, one for a term expiring
January 1, 1984, one for a term expiring January 1, 1985, and one
for a term expiring January 1, 1986; and one alternate member for
a term expiring January 1, 1983, one alternate member for a term expiring
January 1, 1984, and one alternate member for a term expiring January
1, 1985. All subsequent appointments shall be made by the Town Council
and shall be for a term of five years, except that an appointment
to fill an unexpired term shall be for the duration of said unexpired
term only. The Commission shall elect annually a Chairman, a Vice
Chairman, and a Clerk from its own number. Each member and alternate
shall continue in office until his successor is duly appointed. All
members and alternates shall serve without compensation. Any member
or alternate may be appointed for an additional term or terms.
C.
The Historic District Commission shall keep a permanent record of
its resolutions, transactions, and determinations and of the vote
of each member participating therein.
The Commission shall have such powers, shall perform such functions
and shall be subject to such limitations as shall from time to time
be prescribed by the applicable General Statutes of Connecticut. The
Commission shall fix the time and place of its regular meetings and
provide a method for calling special meetings, in accordance with
the Freedom of Information Act, § 1-210 et. seq. of the
General Statutes of Connecticut. It shall adopt rules of procedures
not inconsistent with the provisions of § 7-147a et. seq.
of the General Statutes of Connecticut. The presence of four members
or alternate members shall constitute a quorum, and 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.
The Commission may adopt regulations not inconsistent with the provisions
of § 7-147a et. seq. of the General Statutes of Connecticut
to provide guidance to property owners as to factors to be considered
in preparing an application for a certificate of appropriateness.
As used in this chapter, the following terms shall have the
meanings indicated:
The provisions of §§ 7-147a through 7-147k
of the Connecticut General Statutes, as the same may be amended from
time to time.
Changed, modified, rebuilt, removed, demolished, restored,
razed, moved, or reconstructed.
Not incongruous with those aspects of the historic district
which the Historic District Commission determines to be historically
or architecturally significant.
A combination of materials forming a shelter for persons,
animals, or property.
Constructed, built, installed or enlarged.
Such portions of the exterior of a structure or buildings
as are open to view from a public street, way or place.
The Town of East Hampton.
Any combination of materials, other than a building, which
is affixed to the land, and shall include, but not be limited to,
signs, fences, and walls.
A.
No building or structure shall be erected or altered within an 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 said Commission.
B.
No building permit for erection of a building or structure or for
alteration of an exterior architectural feature within an historic
district and no demolition permit for demolition or removal of a building
or structure within an historic district shall be issued by a municipality
or any department, agency or official thereof until a certificate
of appropriateness has been issued. A certificate of appropriateness
shall be required whether or not a building permit is required.
C.
The Historic District Commission may request such plans, elevations,
specifications, material and other information, including, in the
case of demolition or removal, a statement of the proposed condition
and appearance of property after such demolition or removal, as may
be reasonably deemed necessary by the Commission to enable it to make
a determination on the application. The style, material, size and
location of outdoor advertising signs and bill posters within an historic
district shall also be under the control of such Commission. The provisions
of this section shall not be construed to extend to the color of paint
used on the exterior of any building or structure.
The Commission shall hold a public hearing upon each application
for a certificate of appropriateness unless the Commission determines
that such application involves items not subject to approval by the
Commission. The Commission shall fix a reasonable time and place for
such hearing. 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 of East
Hampton not more than 15 days nor less than five days before such
hearing.
Within not more than 65 days after the filing of an application,
the Commission shall pass upon such application and shall give written
notice of its decision to the applicant. When a certificate of appropriateness
is denied, the Commission shall place upon its records and in the
notice to the applicant the reasons for its determination. In the
notice to the applicant the Commission may make recommendations relative
to design, arrangement, texture, material, and similar features. The
Commission may issue a certificate of appropriateness with stipulations.
Evidence of approval shall be by certificate of appropriateness issued
by the Commission. Failure of the Commission to act within said 65
days shall constitute approval, and no other evidence of approval
shall be needed. The Commission shall keep a record of all applications
for certificates of appropriateness and of all its doings.
A.
If the Commission determines that the proposed erection, alteration
or parking will be appropriate, it shall issue a certificate of appropriateness.
In passing on appropriateness as to exterior architectural features,
buildings or structures, the Commission shall consider, in addition
to other pertinent factors, the type and style of exterior windows,
doors, light fixtures, signs, aboveground utility structures, mechanical
appurtenances and the type and texture of building materials. In passing
upon appropriateness as to exterior architectural features, the Commission
shall also consider, in addition to any other pertinent factors, the
historical and architectural features involved and the relationship
thereof to the exterior architectural style and pertinent features
of other buildings and structures in the immediate neighborhood. In
passing upon appropriateness as to parking, the Commission shall take
into consideration the size of such parking area, the visibility of
cars parked therein, the closeness of such area to adjacent buildings
and other similar factors. No application for a certificate of appropriateness
for an exterior architectural feature, such as a solar energy system,
designed for the utilization of renewable resources shall be denied
unless the Commission finds that the feature cannot be installed without
substantially impairing the historic character and appearance of the
district. A certificate of appropriateness for such a feature may
include stipulations requiring design modifications and limitations
on the location of the feature which do not significantly impair its
effectiveness.
B.
No area within an historic district shall be used for industrial,
commercial, business, home industry, or occupational parking, whether
or not such area is zoned for such use, until after an application
for a certificate of appropriateness as to parking has been submitted
to the Commission and approved by said Commission. The provisions
of this section shall apply to the enlargement or alteration of any
such parking area in existence on October 1, 1973.
C.
In its deliberations, the Historic District Commission shall act
only for the purpose of controlling the erection or alteration of
buildings, structures, or parking which is incongruous with the historic
or architectural aspects of the district. The Commission shall not
consider interior arrangement or use. However, the Commission may
recommend adaptive reuse of any buildings or structures within the
district compatible with the historic architectural aspects of the
district.
Where, by reason of topographical conditions, district borderline
situations, or because of other unusual circumstances solely with
respect to a certain parcel of land and not affecting generally the
district in which it is situated, the strict application of any provisions
of this chapter would result in exceptional practical difficulty or
undue hardship upon the owner of any specific property, the Commission,
in passing upon applications, shall have power to vary or modify strict
adherence to this chapter or to interpret the meaning of this chapter
so as to relieve such difficulty or hardship; provided such variance,
modifications 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
variances, the Commission may impose such reasonable and additional
stipulations and conditions as will, in its judgment, better fulfill
the purpose of this chapter. In addition to the filing required under
the Act, the Commission shall, for each variance granted, place upon
its records and in the notice to the applicant the reasons for its
determination.
If any provision of this chapter or any action taken or ruling
made by the provisions of this chapter or of any regulation or ordinance
adopted under this chapter has been violated, the Commission may,
in addition to other remedies, institute an action in the Superior
Court for the judicial district wherein such violation exists, which
court shall have jurisdiction to restrain such violation and to issue
orders directing that the violation be corrected or removed. Such
order may direct the removal of any building, structure, or exterior
architectural feature erected in violation of this chapter or any
bylaw or ordinance adopted under this chapter or the substantial restoration
of any building, structure, or exterior architectural feature altered
or demolished in violation of this chapter or any regulation or ordinance
adopted under this chapter. Regulations and orders of the Commission
issued pursuant to this chapter, or to any regulation or ordinance
adopted under this chapter, shall be enforced by the Building Inspector,
who may be authorized to inspect and examine any building, structure,
place or premises and to require in writing the remedying of any provision
of the regulations or orders made under the authority of this chapter
or of any regulation or orders made under the authority of this chapter
or of any regulation or ordinance adopted under this chapter.
The owner or agent of any building, structure, or place where
a violation of any provision of this chapter has been committed or
exists, or the lessee or tenant of an entire building, entire structure,
or place where such violation has been committed or exists, or the
owner, agent, lessee, or tenant of any part of the building, structure,
or place in which such violation has been committed or exists, or
the agent, architect, builder, contractor, or any other person who
commits, takes part or assists in any such violation 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. 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.
All costs, fees, and expenses in connection with actions under this
section may, in the discretion of the court, be assessed as damages
against the violator, which, together with reasonable attorney's fees,
may be awarded to the Historic District Commission which brought such
action. Any funds collected as fines pursuant to this section shall
be used by the Commission to restore the affected buildings, structures,
or places to their condition prior to the violation wherever possible.
Any excess shall be paid to the municipality in which the district
is situated.
Any person or persons severally or jointly aggrieved by any
decision of the Commission or of any officer thereof may, within 15
days from the date when such decision was rendered, take an appeal
to the Court of Common Pleas for Middlesex County, 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 Chairman or Clerk of the
Commission within 12 days before the return day to which such appeal
has been taken. Procedure upon such appeal would be the same as that
defined in § 8-8 of the Connecticut General Statutes, as
amended.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in the
historic district which does not involve a change in the appearance
or design thereof; nor to prevent the erection or alteration of any
such feature which the Building Inspector or a similar agent certifies
is required by the public safety because of a condition which is unsafe
or dangerous due to deterioration; nor to prevent the erection or
alteration of any such feature under a permit issued by a Building
Inspector or similar agent prior to the effective date of establishment
of such district.
The boundaries of the Middle Haddam Historic District are shown
on a map entitled "Middle Haddam Historic District Town of East Hampton
Connecticut," dated August 2009 and prepared by Applied Geographics,
Inc. The following properties, identified by Assessor's Map Block
and Lot Numbers, form the boundaries of Middle Haddam Historic District
and are included within the District, as are all the properties within
said boundaries:
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Northerly
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01C/9/8A
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01C/9/6
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01C/10/3
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01C/10/11
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01C/10/13
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01C/11/1
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06/11/2A
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06/11/1
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06/12/8
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Easterly
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06/12/8A
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06/12/7B
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06/12/7A
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02/C/12/7
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02/C/12/5
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02C/12/4
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02C/12/2
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02C/12/17
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02C/12/18
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02C/21/34-2
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02C/21/34-3
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02C/21/4A
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07/21/7
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07/21/7B
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02/18/20A
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02/18/20-2A
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Southerly
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02/18/21-1C
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02/18/20-2B
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Westerly
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02/18/20-2A
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02/18/19B
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02C/18/16
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02C/18/1
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02C/19A/2A
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02C/19A/7A
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02C/19A/6
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02C/19A/4
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02C/19A/1
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02C/9/19
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02C/9/18
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02C/9/17
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02C/9/12-5
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02C/9/12-6
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02C/9/12A
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02C/9/12-7
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02C/9/12-8
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02C/9/12-9
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02C/9/12-10
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