Chapter 4.2 Historic Districts By Laws

HOLDEN HISTORIC DISTRICT BY-LAW

Adopted March 10, 1973

1.      NAME - This by-law shall be known and may be referred to as the Holden Historic District By-Law.

2.      PURPOSE - 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 outward appearance and characteristics of buildings and places significant in the history of the Town of Holden or its architecture, through the maintenance and improvement of the appearance and settings for such buildings and places and through the encouragement of design and construction compatible therewith.

3.      THE HOLDEN CENTER HISTORIC DISTRICT - There is hereby established pursuant to the provisions of Chapter 40C of the General Laws of the Commonwealth of Massachusetts, as amended, (such stat ute being hereafter called the "Historic Districts Act") an historic district to be known as the Holden Center Historic District, said district being shown on a plan that is on file in the Town Clerk's office for the Town of Holden, which plan is entitled "Plan of 'Holden Center' Historic District Scale 1" = 40' Date 2-8-73 Town of Holden Engineering Dept. Revised 2-26-73".

BOYDEN ROAD HISTORIC DISTRICT - There is hereby established pursuant to the provisions of Chapter 40C of the General Laws of the Commonwealth of Massachusetts, as amended (such statute being hereafter called the "Historic Districts Act") an historic district to be known as the the Boyden Road Historic District and as more particularly set forth in a document entitled "Final Report - establishment of a Boyden Road Historic District, Holden Historic District Commission" dated March, 1990 and as shown on a map dated February 8, 1973, as amended May 31, 1990, copies of which are on file in the Office of the Town Clerk.

4.      THE HOLDEN HISTORIC DISTRICT COMMISSION - There is hereby established pursuant to the provisions of the Historic Districts Act an historic district commission which shall be known as and may be referred to as The Holden Historic District Commission (hereinafter called the "Commission").

5.      COMMISSION MEMBERSHIP - The Commission shall consist of seven members appointed by the Board of Selectmen, none of whom need be residents of or owners of property in an historic district to be administered by the Commission. Before making any appointment, the Board of Selectmen shall, in writing, request the names of two nominees from the Holden Historical Society, or the then local historical society, or in the absence thereof, from the Society for the Preservation of New England Antiquities; two nominees from the Chapter of the American Institute of Architects covering the Town of Holden; and two nominees from the Greater Worcester Board of Realtors, Inc., or the then local board of realtors covering the Town of Holden. If any such organization shall fail to name its two nominees within thirty days of such request, the Board of Selectmen may make the appointment without nomination from such organization. The remaining appointments may be made by the Board of Selectmen without nomination from any organization. When the Commission is first established, two members shall be appointed for a term of one year, two shall be appointed for terms of two years, and three shall be appointed for terms of three years. A successor to a member shall be appointed by the Board of Selectmen in the same manner as such member was appointed, except that his term shall be for three years. If a vacancy on the Commission occurs, it shall be filled for the unexpired term by the Board of Selectmen in the same manner as the vacating member was appointed. Each member shall serve without compensation and shall continue in office after the expiration of his term until his successor is duly appointed and qualified. The Board of Selectmen may appoint two (2) alternate members of the commission.

6.      POWERS AND DUTIES OF THE COMMISSION

A.      GENERAL POWERS AND DUTIES - The Commission shall have jurisdiction over and shall administer any historic districts that are established by the Town of Holden in accordance with and pursuant to the provisions of the Historic Districts Act. In this connection, the Commission shall have all the powers and perform all of the duties that are conferred and imposed on historic district commissions by the Historic Districts Act and of subsequent amendments thereto and which are not inconsistent with the provisions of this by-law.

B.      POWER TO ADOPT RULES AND REGULATIONS - NOTICE - The Commission may adopt and amend such rules and regulations for the conduct of its business that are not inconsistent with the provisions of the Historic Districts Act, this by-law and of subsequent amendments, respectively, thereto. Prior to the adoption of or the amendment to any of such rules or regulations, the Commission shall hold a public hearing for the purpose of considering such proposed rules or regulations or any amendments thereto. Notice of such public hearing shall include the publishing of a written notice in a newspaper having a general circulation in the Town of Holden at least once a week for two successive weeks, the first publication being made at least fourteen days prior to the date that has been set for such hearing. Such notice shall set forth such proposed rules or regulations or amendments thereto, in their entirety, and shall also state the date, time and place that has been set for such hearing. Such rules and regulations shall be adopted and amended only upon the compliance with any additional notice requirements that may be imposed upon the Commission after the adoption of this by-law by the Commonwealth of Massachusetts.

C.      POWER TO EMPLOY ASSISTANTS, ACCEPT AND EXPEND MONEY - The Commission may, subject to appropriation, employ clerical and technical assistants or consultants and may accept money gifts and expend the same for such purposes.

D.      ADDITIONAL POWERS - The Commission shall have such other powers, authority and duties as may be delegated or assigned to it from time to time by vote of a town meeting.

7.      SEVERABILITY - In case any section, paragraph or part of this by-law be, for any reason, declared invalid or unconstitutional by any court of last resort, every other section, paragraph, or part shall continue in full force and effect.

Adopted March 13, 1973

Amended July 23, 1990

Amended May 20, 1991