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Chapter 4.1 Historic District Commission Rules and Regulations

ARTICLE I - ORGANIZATION

            Section 1 - Officers. At the first regular meeting of the Commission following the annual appointment of a member by the Selectmen, the Commission shall elect a Chairman, Vice-Chairman and Secretary from within its own number.

            Section 2 - Chairman: Powers and Duties. The Chairman shall vote and be recorded on all matters coming before the Commission. Subject to these rules, he shall decide all points of order, unless overruled by a majority of the Commission in session at the time. He shall appoint such Committees as may be found necessary or desirable. In addition to powers granted by statute and Town By-Laws, and subject to these rules and further instructions of the Commission, the Chairman shall transact the official business of the Commission, request necessary help, direct the work of all subordinates, and exercise general supervisory power. He shall at each meeting report on all official transactions that have not otherwise come to the attention of the Commission.

            Section 3 - Vice-Chairman: Duties. The Vice-Chairman shall act as Chairman in case the Chairman is absent, disabled or otherwise unable to perform his duties.

            Section 4 - Secretary: Duties. Subject to the direction of the Chairman, the Secretary shall supervise all of the clerical work of the Commission, including: all correspondence of the Commission, sending of all notices required by law and the rules and order of the Commission, receive and scrutinize all applications for compliance with the rules of the Commission, keep minutes of the Commission’s proceedings, compile all required records, maintain necessary files and indexes, file annual reports, other publications, and the roster of membership with the Massachusetts Historical Commission, and call the roll at Commission meetings. The Commission may hire a Clerical Secretary to carry out some of the aforementioned duties.

            Section 5 - Quorum. Four members of the seven member commission must be present for a quorum. Less than a quorum may adjourn any meeting from time to time, and the meeting as so adjourned may be held without further notice.

            Section 6 - Meetings.  Meetings shall be called by the Chairman or in his absence the Vice-Chairman, or at the request of two members. Notice thereof shall be given to each member at least 48 hours before the time set. Notices shall be posted publicly as required by law.

ARTICLE II - APPLICATION TO THE COMMISSION

            Section 1 - Acceptability. No application will be accepted if the proposed work conflicts with other existing statutes and/or Town By-Laws.

            Section 2 - Registration of Temporary Sign. A temporary sign advertising events held by non-profit civic or fraternal organizations in the Town may be erected within the District providing (a) the sign conforms with the Town of Holden Zoning By-Law as in effect from time to time and (b) the sign be erected for no more than 24 consecutive hours within any 7-day period, and ( c ) a copy of the Town of Holden Board of Selectmen form entitled “Application For Permit To Locate Outdoor Advertising Signs” be filed with the Commission in care of the Office of the Town Clerk.

            Section 3 - Filing. Application to the Commission for Certificates of Appropriateness, Nonapplicability, or Hardship must be made in triplicate on the form or forms provided by the Commission, a copy or copies of which are attached to these Rules and Regulations. The form shall be completely filled out and filed with the Commission in care of the Office of the Town Clerk. The Commission may return an application to the applicant if the information supplied is insufficient. In such cases, the official date of the filing shall be that of receipt of an application conforming with these rules. Each application must be accompanied by stamped envelopes addressed to the owners of all adjoining property, and a list of names and addresses appearing on the envelopes.

            Section 4 - Withdrawal. An application may be withdrawn by notice in writing to the Commission at any time prior to its determination.

ARTICLE III - DETERMINATIONS AND HEARINGS

            Section 1 - Determination of Relevance. Within 14 days after the filing of an application for a Certificate of Appropriateness, Nonapplicability, or Hardship, the Commission shall meet to determine if the application involves exterior architectural features which are subject to approval by the Commission.

            Section 2 - Nonapplicable Applications. If the Commission determines that the application involves features which are not subject to its approval, a Certificate on Nonapplicability shall be issued.

            Section 3 - Applicable Applications. If the Commission determines that the application does involve features subject to its approval, it shall then determine whether or not to waive public hearing on that application.

a. Waiver by the Commission. If the Commission determines that the architectural features involved in the application are so insubstantial in their effects on the Historic District that no public hearing is required, the Commission may waive the requirement of a public hearing. In this event, notice of the application and the decision to waive the public hearing shall be mailed to the owners of adjoining property and of other property deemed by the Commission to be materially affected thereby, and ten days allowed to elapse before the application is acted upon.

b. Scheduling of Public Hearing.  If the Commission determines that a public hearing be held, it shall schedule that meeting for a date that provides for at least 14 days advance public notice. Notice, indicating the owner(s), applicant, if different, and property involved, shall be posted in the Town Hall with the Town Clerk and at such other public places as may be required by General Law or By-Law, and the following parties notified by mail: the applicant, owners of adjoining property, Town Planning Board, any person who has filed a written request for such notices (such requests to be renewed yearly in December), owners of property deemed to be materially affected, and any other persons the Commission deems entitled to notice. If all persons entitled to receive notice of the public hearing waive the hearing in writing, the hearing need not be held.

c. Hearings to be public. All hearings shall be open to the public. No person shall be excluded unless he is considered by the chairman to be a “serious hindrance” in the workings of the Commission.

d. Order of business (General Outline).

                                    1.         The Secretary or his designee shall read the public notice, application, findings of fact, letters, and present any exhibit submitted to the Commission

                                    2.         Presentation by the applicant or his designee.

                                    3.         General comments and questions from persons either in favor of or opposed to the petition, if any, and questions by those seeking information.

                                    4.         Applicant’s rebuttal restricted to matters raised by opponents.

Members of the Commission may direct appropriate questions during the hearing.

Section 4 Final Determination.

                        a.         Recording of Proceedings. When making its final determination on an application, a detailed record of the proceedings will be made, which shows the vote of each member, or if a member was absent or failed to vote so indicating, and that the reasons for any decision be included in this record.

 

                        b.         Time Limitation. Within 60 days of the date of filing, the Commission shall make a determination on the application. This time limitation can be extended if the applicant allows it in writing. A Certificate of Hardship shall be issued if no determination has been made within the time herein specified.

 

                        c.         Voting Requirement. The concurring vote of at least four members of the Commission shall be necessary to issue Certificates of Appropriateness, Nonapplicability, or Hardship.

 

                        d.         Disapproval. A notice of the determination and the reasons as set forth in the records shall be issued to the applicant. The Commission may make recommendations to the applicant either before or after its determination of disapproval. If such recommendations for changes in design, arrangement, texture, material and similar features are adopted by the applicant, and he files written modifications of his application in conformity with the recommended changes of the Commission within 14 days after receipt of such note, the Commission shall issue a Certificate of Appropriateness.

 

                        e.         Hardship. If an application for Certificate of Appropriateness is not approved, or if an application for Certificate of Hardship is received, the Commission shall determine whether, owing to conditions especially affecting the building or structure involved, but not affecting the Historic District generally, failure to approve will involve substantial hardship, financial or otherwise, to the applicant, and whether the application may be approved without substantial derogation from the intent and purposes of the by-law establishing the Historic District. If the Commission determines that failure to approve the application will involve such substantial hardship to the applicant, and that approval may be made without substantial detriment and such derogation, a Certificate of Hardship will be issued.