Town of East Greenwich, RI Historic Districts

The purpose of this article is to regulate construction, alteration, repair, removal or demolition of historic properties and stone walls through an overlay zone so as to maintain the historic character of the Town of East Greenwich. These regulations have been designed to achieve the following purposes and objectives:

To preserve historic districts, outlying properties and stone walls which define and reflect elements of the Town's cultural, social, economic, political and architectural history.

To protect and improve property values within designated historic districts of designated outlying properties and of scenic roads.

To enhance the traditional qualities and characteristics of the Town and create an attractive environment which is conducive to residential, commercial and industrial uses and tourism.

To strengthen the local economy by promoting the use of such districts and outlying properties for the pleasure, education and welfare of the residents of East Greenwich.

§ 260-56 Authority.

This chapter is adopted in accordance with the provisions of Rhode Island General Laws, Chapter 45-24.1, Historic Enabling Act, as may be amended.[1]

[1]

Editor's Note: See R.I.G.L. § 45-24.1-1 et seq., Historical Area Zoning.

§ 260-57 Definitions.

Words and phrases used in this article shall have their plain and ordinary meaning unless otherwise specifically defined in this section or in Article XII of this chapter. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article.

ACCESSORIES

Features other than primary structures which contribute to the exterior appearance of a property, including but not limited to signage, doors, windows, materials, decorative features, fences and trim detail, whether or not a building permit is required for the alteration. Landscape features considered as accessories shall be limited to stone walls.

ALTERATION

Any act that changes one or more of the architectural features or its accessories, including but not limited to the erection, installation, construction, reconstruction, relocation or removal of any structure/accessory.

APPROPRIATE

For the purpose of this article and the certificate of appropriateness, the term "appropriate" shall mean not incompatible with those aspects deemed by the Commission as historically, architecturally or archaeologically significant for the structure, accessories, stone walls, neighborhood or district in which the review is made.

CERTIFICATE OF APPROPRIATENESS

A certificate issued by the East Greenwich Historic District Commission as established under this article indicating approval of an application for an alteration, construction, repair, removal or demolition of a structure or accessories of a structure within a historic district or an outlying property as identified under this article. Also referred to as "certificate."

COMMISSION

The East Greenwich Historic District Commission as established under the provisions of the Charter, Part 4, Administration, and the Code of Ordinances of the Town of East Greenwich.

CONSTRUCTION

The act of adding to an existing structure, erecting a new structure or adding accessories onto a structure, including but not limited to buildings, extensions, outbuildings and fire escapes.

DEMOLITION

An act or process that destroys a structure and/or its accessories in whole or in part.

HISTORIC DISTRICT

Specific divisions of the Town of East Greenwich as designated by this article which shall act as overlay zones. A historic district may include one or more structures.

RELOCATION

The moving of an established structure from one site or area to another.

REMOVAL

The act of elimination as a means of remedying damage or deterioration of a structure and/or its accessories.

REPAIR

The act of altering as a means of remedying damage or deterioration of a structure and/or its accessories.

REPLACEMENT-IN-KIND

Any repair work in which old materials are removed and exactly the same materials are used in its place (i.e., asphalt shingle roofing is removed and re-laid with new asphalt shingles).

STREET OBJECT

Any object erected or placed in a public way or sidewalk on a temporary or permanent basis. Authorized public safety/public welfare street objects include, but are not limited to, such structures as street lights, traffic lights, U.S. Post Office mailboxes, fire hydrants, utility poles, street trees and municipal trash receptacles.

STRUCTURE

That which is constructed or erected and requires a building permit, the use of which requires permanent or temporary location on or in the ground, to be limited to buildings, gazebos, pergolas, outbuildings, porches, decks and fences.

§ 260-58 Designation of historic districts and outlying properties.

For the purposes of this article, the boundaries of historic districts are established as shown on a map entitled "East Greenwich Historic District Map," which is filed in the office of the Town Clerk. This map, and any recorded amendments to the map, are hereby incorporated as a part of this article.

(1)

The East Greenwich Historic District is bounded and described as follows: Beginning at the intersection of the center lines of West Street and Division Street, thence easterly along the center line of Division Street to the high-water mark of Greenwich Cove, so-called; thence turning and running generally southerly and southwesterly along the high-water mark of said Greenwich Cove to a point, said point being located on the high-water mark of said Greenwich Cove and also being the point at the easterly end of the center line of Crompton Avenue; thence turning and running generally northeasterly along the center line of Crompton Avenue to the intersection of the center line of Rocky Hollow Road; thence turning and running generally westerly along the center line of Rocky Hollow Road to the intersection of the center line of Main Street and the extensions of the center lines of Rocky Hollow Road and First Avenue; thence continuing generally westerly along the center line of First Avenue to the intersection of the center line of First Avenue and the extension of the center line of Reynolds Street; thence turning and running generally northerly along the center lines of Reynolds Street and Spring Street; thence turning and running generally westerly along the center line of Spring Street to the intersection of the center lines of Spring Street and West Street; thence turning and running generally northerly along the center line of West Street to the center line of Division Street, being the point and place of beginning, together with all the lots or parcels of land located as follows:

(a)

All lots or parcels of land on the south side of and abutting Rocky Hollow Road.

(b)

All lots or parcels of land on the south side of and abutting Crompton Avenue.

(c)

All lots or parcels of land on the south side of and abutting First Avenue, between Main Street and the south extension of the center line of Reynolds Street. Any parcel bisected by this line is considered outside the boundaries of the Historic District.

(d)

All lots or parcels of land on the west side of and abutting Reynolds Street, between First Avenue and Spring Street.

(e)

All lots or parcels of land on the south side of and abutting Spring Street between Reynolds Street and West Street.

(f)

All lots or parcels of land on the west side of and abutting West Street, between Spring Street and Division Street.

(g)

All lots or parcels of land on the south side of and abutting Division Street, between West Street and Kenyon Avenue.

(2)

The Tillinghast Road Historic District is bounded and described as follows: Beginning at the northeast corner of the district the boundary follows the north and east lot lines of Plat 16C Lot 18, runs due south across Frenchtown Road to the north bound of Plat 18B Lot 1; thence east and south on the north and east bounds of said lot to the southeast corner; thence east and southeast across the southern tail of Plat 18B Lot 42 to the southeast corner of said lot; then following the bounds of Lot 42 north and east to the northwest corner of Plat 18B Lot 133; thence south and east along the west and south bounds of Lot 133 to the southwest corner of Plat 18B Lot 132; thence east and north along the south and east bounds of Lot 132 to its northeast corner; thence east along the south bound of Plat 18B Lot 181 to its southeast corner; thence south along the east bound of Plat 18B Lot 13 to its southeast corner. From that point running east along the southern bound of Lot 13 to the eastern edge of Tillinghast Road; thence southerly along the eastern edge of Tillinghast Road along the western bounds of Lots 106, 107, 108 and 109 to the northwest corner of Plat 18E Lot 15; then east along the north bound of Lot 15 to the northeast corner of said lot; thence south along the eastern bound of Lot 15 approximately 1,540 feet to the southeast corner of said lot; thence west along the south bound of Lot 15 a distance of 1,277 feet plus; thence turning south a distance of approximately 470 feet to the north edge of South Road; thence west along the north edge of South Road a distance of approximately 180 feet to the eastern edge of Tillinghast Road; thence north on the east side of the road to a point opposite the southeast corner of Plat 19B Lot 138; thence west on the south bound of Plat 19B Lot 138; thence north to the northwest bound of said lot; thence northeast across Plat 19B Lot 38 to meet the southwest corner of Plat 19B Lot 137; thence north on the west bound of Lot 137 and following north in the same line across Plat 19B Lot 38 to meet the southwest corner of Plat 19B Lot 127; thence north on the west bounds of Lot 127 and 128 to Plat 19B Lot 37; thence west and north on the south and west bounds of Lot 37 to the southwest corner of Plat 19C Lot 72; thence north to the southwest corner of Plat 19C Lot 32; thence east and north following the bounds of Plat 19C Lot 72 to the southwest corner of Plat 19C Lot 71; thence north along the western bounds of Lots 71 and 68 to Frenchtown Road. Thence easterly along the southern edge of Frenchtown Road to a point approximately 300 feet west of Tillinghast Road; thence northerly across Frenchtown Road and straight north across Plat 15J Lot 66 to the southwest corner of Plat 15J Lot 409; thence north along the west bound of Lot 409 and east along its north bound to the southwest corner of Plat 15J Lot 501; thence north along the western bound of Lot 501 to the northwest corner of said lot; thence east along the north bound of Lot 501 approximately 91 feet to a point 80 feet west of Tillinghast Road; thence north across Plat 15J Lot 13 to the south bound of Plat 15J Lot 63; thence east along the south bound of Lot 63 to the western edge of Tillinghast Road. Then south along the west edge of Tillinghast Road about 480 feet to a point opposite the northwest corner of Plat 16C Lot 18; thence east across Tillinghast Road to that corner, the point of beginning, including all lots or parcels as noted below:

(a)

Plat 15J, Lots 409 and 501 in total and portions of Lots 13 and 66; Plat 16C, Lot 18 in total; Plat 18B, Lots 1 and 13; Plat 18E, Lot 15; Plat 19B, Lots 37, 127, 128, 137 and 138 in total and a portion of Lot 38; Plat 19C, Lots 37, 72, 66, 68, 71, 76, 79, 163, 169, 181 and 187.

For the purpose of this article, the following shall comprise a list of specified structures whose dwellings and accessories are hereby deemed "outlying properties" of historical, architectural and/or archaeological value and are hereby designated as historic structures:

	CARRS POND ROAD
	Caleb Carr House A.P. 15E Lot 56 941 Carrs Pond Road	Gifford-Pitcher House A.P. 15E Lot 67 1000 Carrs Pond Road
	CEDAR AVENUE
	Long-Langord-Kenyon House A.P. 9B Lots 81 and 186 441 Cedar Avenue	Mawney House A.P. 9A Lot 281 650 Cedar Avenue
	DEERFIELD DRIVE
	Gardiner House at High Hawk Farm A.P. 15 Lot 104 100 Deerfield Drive
	DIVISION STREET
	Andrew Briggs House A.P. 12C Lot 86 1727 Division Street
	FRENCHTOWN ROAD
	Greene-Davis House A.P. 16E Lot 14 911 Frenchtown Road	Elisha Greene House A.P. 16D Lot 15 999 Frenchtown Road
	Tibbitts Farm A.P. 19I Lot 20 1786 Frenchtown Road	Elder James Wightman House A.P. 15H Lot 122 1995 Frenchtown Road
	Tillinghast Factory Ruins A.P. 16C and D Lot 53 North Side Frenchtown Road	Frenchtown Baptist Church NE Wireless & Steam Museum A.P. 19C Lot 71; Southwest corner Frenchtown Road and Tillinghast Road
	HOWLAND ROAD
	Clement Weaver House A.P. 10F Lot 77 125 Howland Road
	KENYON AVENUE
	Kenyon Estate A.P. 2 Lot 69 70 Kenyon Avenue	Spencer-King House A.P. 9B Lot 283 235 Kenyon Avenue
	Freeman House A.P. 4 Lot 22 216 Kenyon Avenue
	MIDDLE ROAD
	Crossways Farm A.P. 8 Lot 1 12 Middle Road	The Lilacs A.P. 7 Lot 162 388 Middle Road
	Paul Spencer House A.P. 12G Lot 20 1167 Middle Road	Bowen Spencer House A.P. 16A Lot 5 1266 Middle Road
	Captain Brown House A.P. 12H Lot 30 1341 Middle Road	The Brown Bread Place A.P. 16A Lot 6 1300 Middle Road
	SHIPPEE ROAD
	Wightman House A.P. 19J Lot 21 30 Shippee Road
	SOUTH COUNTY TRAIL
	Mary Ellis House A.P. 12F Lot 36 1629 South County Trail	Johnathan Pitcher House A.P. 11F Lot 7 2400 South County Trail
	Spencer Fry House A.P. 11G Lot 4 2196 South County Trail	Justin Fry Homestead A.P. 16F Lot 1 2153 South County Trail
	Spencer Bailey House A.P. 11H Lot 2 2068 South County Trail
	SOUTH PIERCE ROAD
	Joshua Coggeshall House A.P. 11C Lot 66 62 South Pierce Road
	SOUTH ROAD
	Richard Briggs Farm A.P. 19A Lot 46 830 South Road	Silas Jones House A.P. 19L Lot 50 1570 South Road
	SPRING STREET
	Congdon House A.P. 2 Lot 64 194 Spring Street
	TILLINGHAST ROAD
	Card House A.P. 15J Lot 40 459 Tillinghast Road

§ 260-59 Applicability; certificates required.

This article shall be applicable to any property described in § 260-58, including developed and vacant sites.

Structures and accessories. A certificate is necessary for construction, alteration, repair, relocation, removal or demolition of new or proposed structures and accessories for all of the following conditions:

(1)

A building permit or demolition permit is required for such work or the work proposed will affect the exterior appearance of the structure or its appurtenances. The Building Official may not issue a permit until the Commission has granted a certificate under the provisions of this article.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

(2)

The proposed project is for exterior work.

(3)

The proposed project is not a replacement-in-kind.

Stone walls. A certificate is necessary for the alteration, relocation and/or demolition of any stone wall located within a historic district or on a listed outlying property per § 260-58B above, whether or not a building permit is required for such work. No work on an applicable stone wall may begin until the Commission has issued a certificate in accordance with the provisions of this article.

Additional regulations. The regulations pertaining to the various zoning districts which may be included within any historic district or which may apply to the outlying property identified in § 260-58B shall apply, together with the additional requirements as set forth in this section and this article.

(Reserved)[2]

[2]

Editor's Note: Former Subsection E, which provided that a certificate of appropriateness need not be obtained in connection with a duly authorized temporary expansion of a restaurant service, was temporarily added 7-13-2020 by Ord. No. 896 and temporarily renewed 11-23-2020 by Ord. No. 899. The provisions of the latter ordinance expired 5-31-2021.

§ 260-60 Prohibitions.

Street objects, as defined below, shall not be permitted on the public ways or sidewalks within the East Greenwich Historic District, with the exception of objects erected or placed by authorized public or quasi-public agencies for public safety and/or public welfare purposes and with the exception of tables, chairs and planters maintained on sidewalks in conjunction with a duly authorized business establishment. "Street object" is defined as any object erected or placed on a public way or sidewalk on a temporary or permanent basis. Authorized public safety/public welfare street objects include, but are not limited to, such objects as street lights, traffic lights, United States Post Office mailboxes, fire hydrants, utility poles, street trees and municipal trash receptacles.

§ 260-61 Application procedures.

Application requirements and procedures.

(1)

Applications for a certificate shall be submitted to the Commission through the Planning Department, which shall determine if such application is complete in accordance with the Commission's Rules of Procedure. All complete applications shall be forwarded, together with all maps, plans and other data, to the Commission, except where a staff review per § 260-62C of this article applies. Any accepted application shall be filed with the Commission on the last business day of the month in which it was submitted and placed on the following month's agenda.

(2)

Applications for a certificate of appropriateness shall contain information which is necessary to evaluate the proposed construction, alteration, repair, removal, relocation or demolition, including but not limited to plans, drawings and photographs, as required in the Commission's rules.

(3)

Incomplete applications shall be returned to the applicant within seven working days of receipt by the Planning Department.

(4)

In applying for a certificate of appropriateness, a property owner must comply with the application procedures as established by the Commission and the provisions of this article.

No new application for the same or similar work shall be accepted or filed within six months after rejection of the application unless the structure, accessory or stone wall has been changed in some way from casualty.

§ 260-62 Plan review.

Structures and accessories. In reviewing applications for the alteration, construction, relocation, repair or demolition of a new or existing structure and/or accessory, the Commission shall give consideration to the following:

(1)

The historic, architectural or archaeological significance of the structure and/or its accessories.

(2)

The way in which the structure, stone wall and/or its accessories contribute to the historical, architectural or archaeological significance of the neighborhood and the Town.

(3)

The appropriateness of the general design, arrangement, texture, material and siting proposed in the plans.

(4)

Solar system installations. In addition to those standards provided in § 260-123, in reviewing an application for the installation of a solar energy system (i.e., solar panels), the HDC will consider building-mounted or building-integrated systems; ground-mounted systems are prohibited in the downtown historic district. Solar panels should be placed in areas that are least viewable to the public. installations that would alter the characteristic features of a historic structure should be avoided. Panels should not be visible above the roofline, and panels installed on flat-roof buildings should be set back from the edge. Where solar panels and other appurtenances will not be visible from any public way, they shall be eligible for administrative staff review and approval (consistent with § 260-62C of the Zoning Code) rather than a review by the full Historic District Commission.

[Added 11-6-2017 by Ord. No. 873]

Stone walls. In addition to those standards provided in § 260-61A, in reviewing an application for the alteration, construction, relocation, repair or demolition of a stone wall, the Commission shall give consideration to the following:

(1)

The historical importance of stone walls in delineating the property boundary of land.

(2)

The scenic importance of stone walls along the designated scenic roadway and the neighborhood.

(3)

The impact that the proposed plans would have on the historical integrity of the stone wall(s).

(4)

The ability of a plan to show due regard for stone walls and not disturb any identified unique and significant archaeological sites.

(5)

The retention of stone walls whenever possible and their proper maintenance.

(6)

Breaks for roads, utility easements or fire lanes such that they are the minimum necessary and are sufficient to provide emergency vehicles clear access onto and off the site.

Staff reviews. The Town Manager may designate a member of his/her professional staff to render a decision on an application on behalf of the Commission for work categories listed in Subsection C(3) hereof. In order to be eligible for a staff review, two copies of a completed application form for a certificate of appropriateness signed by the applicant and owner of the subject property must be submitted. A detailed description of the work to be performed is also required, along with labeled and dated current photographs of the property. In some cases, manufacturer's specs, product information, elevations or other technical or descriptive information may also be required. Requests for approval of dumpster enclosures and fences require submission of a site plan.

(1)

Unfavorable staff review. In order to qualify for staff-level review and approval, the work must conform to the guidelines outlined and comply with all other applicable regulations. Should staff determine that the application does not conform to the guidelines, it shall be scheduled before the full Commission for a formal hearing and decision.

(2)

Favorable staff review. Staff shall issue a stamped certificate of appropriateness just as the full Commission does, and the staff member issuing it shall sign his/her name to the approval.

(3)

Work categories eligible for staff review.

(a)

Dumpster enclosures. Wooden opaque fence styles are appropriate dumpster enclosures. Such fences shall have flat tops, preferably capped, as this not only gives a finished look but also protects the end grain of the wood, lending a longer life for the fence. Most flat-board, closed-space, wooden fences are acceptable. Stockade fences shall not be approved. Metal posts may be used but should be placed inside the enclosure and be completely concealed from view by the fence face.

(b)

Fences, gates and arbors. Capped flat-board, closed-space, wooden fences are acceptable. Lattice toppers are also appropriate, provided that they do not increase the fence height beyond seven feet. Such toppers shall be proportioned consistent with the following: For a fence height totaling six feet, 4.5 feet shall be board fence with 18 inches of lattice; this amounts to a 3:1 ratio of board fence to topper. Traditional spaced picket fences shall also be approved at heights not exceeding four feet. The space between pickets shall not exceed the width of one picket; a tighter spacing is preferred. Stockade-style, chain-link and vinyl fence proposals shall not be eligible for staff-level review and approval and are generally not approved by the Commission.

(c)

Awnings, except as signs. Any awning making use of text or graphics to advertise a business name or location shall be considered a sign and must be reviewed as such by the full HDC. Other awnings, in use as sun shields, for sheltering of merchandise or customers, for conservation of energy, or simply to dress up a storefront, add architectural interest or make a building more inviting, are encouraged. Awning materials should be soft canvas, acrylic or vinyl rather than wood or metal. Awnings should be installed without damaging the building or visually impairing distinctive architectural features. Awnings may be fixed or retractable and must provide at least eight feet of clearance from the bottom edge to grade.

(d)

Replace/repair in kind where tax credits are requested. Ordinary repairs/replacements in kind require no certificate of appropriateness. However, if state or local tax credits are requested, a certificate is necessary. This provision empowers staff to issue such certificate if the following conditions are met: Deteriorated architectural features should be repaired rather than replaced whenever possible. If replacement is necessary, the new feature should match the existing or original feature in design, composition, texture, material and other visual qualities. Replacement of missing features should be substantiated by documentary, physical or pictorial evidence. Replacement-in-kind of nonconforming materials or features exceeding 25% of the total shall require full Commission review and decision.

§ 260-63 Decisions.

The Commission or municipal professional staff, as designated by the Town Manager, shall either approve, approve with conditions or deny an application and issue all of its decisions in writing. Staff denial constitutes referral to the full Commission. Such decisions shall include an explanation of the reasons and basis of each decision within the disposition.

In the case of a decision not to issue a certificate of appropriateness, the Commission shall include the basis for its conclusion that the proposed activity would be incompatible with those aspects of the structure, accessories or stone walls, or with aspects of the district and/or outlying properties generally, that the Commission has determined to be historically, architecturally or archaeologically significant.

All decisions shall reflect the Commission's Rules of Procedure and the Town's Standards and Guidelines for Historic Properties.

The Commission or staff shall forward a copy of the decision to the applicant.

Extensions. Failure of the Commission to act within 45 days from the date of a completed application shall be deemed to constitute approval unless an extension is agreed upon mutually by the applicant and the Commission.

Continuations. A continuation for a period of up to 90 days from the date a completed application was filed may be granted by the Commission in the event that the Commission finds that the circumstances of a particular application require further time for additional study and information that cannot be obtained within the forty-five-day application filing period. Notification of this continuation shall be made to the applicant within seven days of the decision to continue.

§ 260-64 Demolition.

Standards for decision.

(1)

If the Commission is presented with an application for the removal, relocation, alteration or demolition of a structure, its accessories and/or a stone wall and finds that the approval of such an application would pose a significant threat or total loss to the Town, state or nation, it shall endeavor to work out with the owner an economically feasible plan for the preservation of the structure, accessories, and/or stone wall.

(2)

Applications for demolition shall require proof that the retention of the structure, accessory or stone wall would constitute a public safety hazard (as defined by the Rhode Island Building Code)[1] which cannot be eliminated by any economic means available to the owner. If the Commission remains unconvinced that retention is a hazard, the Commission shall forward its rejection of the application for demolition to the Building Official.

[1]

Editor's Note: For the State Building Code, see R.I.G.L. § 23-27.3-100.1 et seq.

External considerations. If any of the following conditions apply, the Commission may approve the application for a certificate:

(1)

Preservation of such structure, accessory or stone wall is a deterrent to a major improvement program which will significantly benefit the Town.

(2)

Preservation of such structure, accessory or stone wall would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner, including the sale of the structure to any purchaser willing and able to preserve such structure.

(3)

Preservation of such structure, accessory or stone wall would not be in the best interest of the community as a whole.

Alternatives to demolition and removal.

(1)

When considering an application to demolish or remove a structure, accessory or stone wall of historic, cultural, architectural or archaeological value, the Commission shall assist the owner in identifying and evaluating alternatives to demolition.

(2)

In addition to any other criteria, the Commission shall also consider whether there is a likelihood that some person or group of persons other than the current owner is willing to purchase, move and preserve such structure or accessory and whether the owner has made continuing, bona fide and reasonable efforts to sell the structure to any such purchaser.

§ 260-65 Exemptions.

Nothing in this article shall be construed to prevent replacement-in-kind, painting, routine maintenance or repair of any structure, accessory or stone wall within a historic district, outlying property or along a scenic road, provided that such maintenance or repair does not result in any change of design, type of material, or appearance of the exterior of the structure, accessory or stone wall. The following work categories are specifically exempt:

(1)

Replacement- or repair-in-kind, except replacement of nonconforming materials or features exceeding 25% of the total building exterior.

(2)

Ordinary maintenance and repair.

(3)

Storm windows/storm doors.

(4)

Gutters, downspouts and chimney caps.

(5)

Flat roofs where not visible from the street.

(6)

Site work and appurtenances, including driveways, walkways, terraces, garden furnishings, play sets, and the like.

(7)

Painting/new paint colors.

(8)

Window boxes.

(9)

Temporary signs. (See the Sign Ordinance for definition.)[1]

[1]

Editor's Note: See Art. VII, Signs, § 260-27, Definitions; computations.

(10)

Mechanical equipment, including chillers, condensers, heating units. Such equipment must comply with the State Building Code.[2]

[2]

Editor's Note: See R.I.G.L. § 23-27.3-100.1 et seq.

Nothing in this article shall be construed to prevent the construction, alteration, repair, relocation or demolition of any structure or accessory previously allowed under a permit issued by the Building Inspector prior to the passage of this article.

§ 260-66 Appeals.

Any person or persons jointly or severally aggrieved by a decision of the Historic District Commission shall have the right to appeal such decision to the Zoning Board of Review.

When hearing appeals from the Commission's decision(s), the Zoning Board of Review shall not substitute its own judgment for that of the Commission but must consider the issue upon the findings and record of the Commission. The Zoning Board of Review shall not reverse a Commission decision except on a finding of a prejudicial procedural error, clear error, or lack of support by the weight of the evidence in record. All such decisions by the Zoning Board of Review shall be in writing and shall articulate and explain the reasons and basis of its decision. Copies of such a decision shall be sent to the Commission.

§ 260-67 Enforcement.

The Zoning Enforcement Officer and/or the Planning Director shall be responsible for the enforcement of this article.

The Town Solicitor may bring an action against any property owner who fails to comply with the requirements of this article when authorized to do so. Such actions shall be brought in any court of competent jurisdiction.

The Town may seek restraining orders and injunctive relief to restrain and enjoin the violation or threatened violation of this chapter and in addition may seek monetary fines for any violation of the chapter.