HomeMy WebLinkAboutHDC - Chapter 447, Acts of 1956 CHAPTER 447, ACTS OF 1956
AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION FOR THE TOWN OF
LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING
HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON.
(As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966 and Ch. 268,
JActs of 1976; Ch. 375, Acts of 1982.)
Section 1. Purpose. - The purpose of this act ,is to promote the educational,
cultural, economic and general welfare of the public through the preservation
and protection of historic buildings, places and districts through the develop-
ment of appropriate settings for said buildings, places and districts and
through the maintenance of said buildings, places and districts as landmarks
of historic interest.
Section 2. Creation of Districts. - There are hereby established in the
town of Lexington four historic districts to be known as (1) Battle Green
District, (2) Hancock-Clarke District, (3) Munroe Tavern District, and (4)
East Village District, bounded as follows: --
Battle Green District: Beginning at the intersection of the northerly
line of Hancock Avenue with the easterly line of the railroad right of way;
thence southerly and then southeasterly along the easterly and northeasterly
line of the railroad right of way to a point in said northeasterly line of the
railroad right of way distant two hundred feet southeasterly from the easterly
line of Hancock Street; thence northerly along a lane distant two hundred
feet easterly from and parallel to said easterly line of Hancock Street to
the northeasterly lot line of the property now numbered 6 Meriam Street;
thence southeasterly along said northeasterly lot line to the northwesterly
line of Meriam Street; thence southeasterly in a straight line across
Meriam Street to the intersection of the southeasterly line of Meriam Street
with the southwesterly line of Oakland Street; thence southeasterly along
said southwesterly line of Oakland Street to the westerly lot line of the
property now numbered eleven Oakland Street; thence southerly along said
westerly lot line and said westerly lot line extended to a point on the
northerly line of the railroad right of way; thence easterly along said
northerly line of the railroad right of way to the northwesterly line of
Woburn Street; thence southwesterly along said northwesterly line of Woburn
Street to the easterly line of Fletcher Avenue; thence southwesterly in a
straight line across Woburn Street and Massachusetts Avenue to the inter-
section of the southerly line of Massachusetts Avenue with the westerly line
of Winthrop Road; thence southerly and then southwesterly along said westerly
and the northwesterly line of Winthrop Road to a point distant two hundred
fifty feet southerly from the southerly line of Massachusetts Avenue; thence
westerly along a line distant two hundred fifty feet southerly from and
parallel to the southerly line of Massachusetts Avenue to a point distant
two hundred feet easterly from the easterly line of Waltham Street; thence
southerly along a line distant two hundred feet easterly from and parallel
to said easterly lane of Waltham Street to the northerly lot line of the
property now numbered eighty-two Waltham Street; thence westerly along
said northerly lot lane to the easterly line of Waltham Street; thence
westerly in a straight line to the intersection of the northerly lot lane
of the property now numbered twenty-two Muzzey Street with the easterly
line of Muzzey Street; thence westerly in a straight line across Muzzey
2.
Street to the intersection of the westerly line of Muzzey Street with the
northerly line of Raymond Street; thence westerly along said northerly line
of Raymond Street to the westerly line of Clarke Street; thence southerly
along said westerly line of Clarke Street to the intersection of the north-
easterly line of Forest Street; thence northwesterly to the easterly lot line
of the property now numbered 43 Forest Street; thence northeasterly along said
lot line to the southerly lot line of the property now numbered 9 Belfry
Terrace; thence northeasterly along the easterly lot line of 9 Belfry Terrace
to the southerly lot line of the property now numbered 11 Belfry Terrace;
thence northeasterly along the easterly lot line to the northerly lot line
of the property now numbered 11 Belfry Terrace; thence northwesterly along
the northerly lot line of the property now numbered:Il Belfry Terrace to the
southerly lot line of the property now numbered 1906 Massachusetts Avenue to
a point three hundred feet southerly from the southerly line of Massachusetts
Avenue; thence northwesterly and then westerly along a line distant three
hundred feet southwesterly and southerly from and parallel to the southwesterly
and southerly line of Massachusetts Avenue to the westerly line of Forest Street;
thence northerly along said westerly line of Forest Street to a point two hundred
feet southerly from the southerly line of Massachusetts Avenue; thence westerly
along a line distant two hundred feet southerly from and parallel to the southerly
line of Massachusetts Avenue to the southwesterly line �of Parker Street; thence
southwesterly by a straight line to the intersection of the westerly line of
Worthen Road with the southerly line of Lincoln Street; thence westerly and then
southwesterly along said southerly and the southeasterly line of Lincoln Street
to a point distant four hundred and fifty feet westerly from the westerly line
of Worthen Road; thence northwesterly across Lincoln Street to the intersection
of the northwesterly line of Lincoln Street with the northeasterly line of
Hastings Road; thence northwesterly along said northeasterly line of Hastings
Road to the southeasterly line of Massachusetts Avenue; thence northwesterly in
a straight line across Massachusetts Avenue to the intersection of the north-
westerly line of Massachusetts Avenue with the northeasterly line of Hastings
Road; thence northwesterly along said northeasterly line of Hastings Road to
a point distant two hundred feet northwesterly from said northwesterly line of
Massachusetts Avenue; thence northeasterly along a line distant two hundred
feet northwesterly from and parallel to the northwesterly line of Massachusetts
Avenue to the westerly line of Worthen Road; thence northerly and then north-
easterly along said southwesterly, westerly and the northwesterly line of
Worthen Road to the southwesterly line of Bedford Street; thence northeasterly
in a straight line across Bedford Street to the intersection of the northeasterly
line of Bedford Street with the southeasterly line of Camellia Place; thence
northeasterly along said southeasterly line of Camellia Place to the southwesterly
line of the railroad right of way; thence northeasterly in a straight line across
said railroad right of way to the point of beginning.
Hancock-Clarke District: Beginning at the intersection of the northerly line
of Hancock Avenue with the easterly line of the railroad right of way; thence
southerly and then southeasterly along the easterly and northeasterly line of
the railroad right of way to a point in said northeasterly line of the railroad
right of way distant two hundred feet southeasterly from the easterly line of
Hancock Street; thence northerly along a line distant two hundred feet easterly
from and parallel to said easterly line of Hancock Street to the southerly lot
line of the property now numbered forty-five Hancock Street; thence westerly
along said southerly lot line to the easterly line of Hancock Street; thence
northwesterly in a straight line across Hancock Street to the intersection of
the westerly line of Hancock Street with the southerly lot line of the property
now numbered forty-six Hancock Street; thence westerly along said southerly lot
line four hundred and twenty-nine feet to a point; thence southwesterly in a
straight line to a point in the easterly line of the railroad right of way two
hundred and
3.
forty-eight feet distant northerly from the northerly line of Hancock
Avenue; thence southerly along said easterly line of the railroad right of
way to the point of beginning.
Munroe Tavern District: Beginning at the intersection of the southerly
line of the railroad right of way with the northwesterly line of Woburn
Street; thence southwesterly along said northwesterly line of Woburn
Street to the easterly line of Fletcher Avenue; thence southwesterly
in a straight line across Woburn Street and Massachusetts Avenue to the
intersection of the southerly line of Massachusetts Avenue with the
westerly line of Winthrop Road; thence southerly and then southwesterly
along said westerly and the northwesterly line of Winthrop Road to a
point distant two hundred feet southerly from the southerly line of
Massachusetts Avenue; thence easterly and then southeasterly along a
line distant two hundred feet southerly and southwesterly from and
parallel to the southerly and southwesterly line of Massachusetts Avenue
to the northwesterly line of Percy Road; thence southerly by a straight
line across Percy Road to a point in the southeasterly line of Percy
Road distant two hundred feet southwesterly from the intersection of said
southeasterly line of Percy Road with the westerly line of Tavern Lane;
thence southerly and then southeasterly along a line distant two hundred
feet westerly and southwesterly from and parallel to the westerly and
southwesterly line of Tavern Lane and said southwesterly line extended
to the southeasterly line of Eliot Road; thence easterly and then south-
easterly along the southerly and southwesterly line of Eliot Road to the
southeasterly line of Pelham Road; thence northeasterly along said south-
easterly line of Pelham Road to a point distant two hundred feet south-
westerly from the southwesterly line of Massachusetts Avenue; thence
southeasterly along a line distant two hundred feet southwesterly from
and parallel to the southwesterly line of Massachusetts Avenue to the
northerly line of Marrett Road; thence easterly along said northerly
line of Marrett Road to the southwesterly line of Massachusetts Avenue;
thence northerly in a straight line across Massachusetts Avenue to the
intersection of the northeasterly line of Massachusetts Avenue with the
northwesterly lot line of the property now numbered eleven hundred and
fifty-five Massachusetts Avenue; thence northeasterly along said north-
westerly lot line :to a point two hundred feet distant northeasterly from
said northeasterly line of Massachusetts Avenue; thence northwesterly
along a line distant two hundred feet northeasterly from and parallel to
the northeasterly line of Massachusetts Avenue to the southeasterly lot
line of the Muzzey Junior High School Property; thence northeasterly along
said southeasterly lot line to the southwesterly lot line of the Munroe
Cemetery property; thence northwesterly along said southwesterly lot line
to the intersection of said southwesterly lot line with the northwesterly
lot line of the Munroe Cemetery property; thence northeasterly along said
northwesterly lot line to the southerly line of the railroad right of
way; thence westerly along said southerly line of the railroad right of
way to the point of beginning.
East Village District: Beginning at the intersection of the north-
easterly line of Massachusetts Avenue with the. northwesterly lot line of
the property now numbered eleven hundred and fifty-five Massachusetts
Avenue; thence northeasterly along said northwesterly lot line to a point
4.
two hundred feet distant northeasterly from said northeasterly line of
Massachusetts Avenue; thence southeasterly along a line distant two hundred
feet northeasterly from and parallel to the northeasterly line of Massachusetts
Avenue to a point distant two hundred feet northwesterly from the northwesterly
line of Maple Street; thence northeasterly along a line distant two hundred
feet northwesterly from and parallel to said northwesterly line of Maple Street
to the southwesterly line of the railroad right of way; thence southeasterly
along said southwesterly line of the railroad right of way to a point distant
two hundred feet southeasterly from the southeasterly line of Maple Street;
thence southwesterly along a line distant two hundred feet southeasterly from
and parallel to said southeasterly line of Maple Street to a point distant two
hundred feet northerly from the northeasterly line of Massachusetts Avenue;
thence southeasterly and then northeasterly and easterly along a line distant two
hundred feet northeasterly, northwesterly and northerly from the northeasterly,
northwesterly and northerly line of Massachusetts Avenue to the westerly lot
line of the property now numbered four hundred and twenty-one Massachusetts
Avenue; thence southerly along said westerly lot line and said westerly lot
line extended to a point distant two hundred feet southerly from the southerly
line of Massachusetts Avenue; thence westerly and then southwesterly and
northwesterly along a line distant two hundred feet southerly, southeasterly
and southwesterly from and parallel to the southerly, southeasterly and
southwesterly line of Massachusetts Avenue to the northerly line of Marrett
Road; thence easterly along said northerly line of Marrett Road to the
southwesterly line of Massachusetts Avenue; thence northerly in a straight
line across Massachusetts Avenue to the point of beginning.
The East Village Historic District shall also include an area bounded and
described as follows:
Beginning at a point on the easterly line of the 1966 East Village Historic
District boundary aai.d point being N 84°-43'-07" E distant 17.51 feet from an
iron pin as shown on a plan entitled, "Plan of hand in Lexington, Mass. ,
Scale 1"=401 , January 15, 1981, Joseph W. Moore Co. ," on file with the Town
engineer; thence N 84°-43'-07" E distant 1881' feet to a point; thence
N 850-3l'-53" E distant 18.00 feet to a point; thence S 131-56'-31" E distant
168.86 feet to a point; thence S 74°-50'-45" W distant 36.07 feet to a point; then
S -15"-09' -15" E distant 40.93 feet 'to a point, thence S.66°-48 -45" W distant 171±
feet to a point on the aforesaid East Village Historic District boundary; thence
by said line northwesterly 272± feet to the point of beginning.
Wherever only part of any building or structure is within an historic
district according to the boundary lines as heretofore defined in this
section, there shall be included within the historic district the entire land
area occupied, or to be occupied, by all of said building or structure so that
the whole building or structure shall be considered to be within the historic
district for the purposes of this act.
Section 3. Definitions. - As used in this act, the following words and
terms shall have the following meanings: -
"Building", a combination of materials having a roof and forming a shelter
for persons, animals or property.
"Building inspector", the building inspector of the town of Lexington.
"Commission", the historid districts commission established by section
four.
"Erected", the word "erected" includes the words "built", "constructed",
"reconstructed", "restored", "altered", "enlarged" , and "moved".
4.-A
"Exterior architectural feature", the architectural style and general
arrangement of such portion of the exterior of a building or structure as
is designed to be open to view from a public street, way, or place including
the kind, color and texture of the building materials of such portion and the
type and style of all windows, doors, lights , signs and other fixtures
appurtenant to such portion.
"Historic districts" , the districts established by section two.
"Person", the word "person" includes an individual, a corporate or
unincorporated organization or association and the town of Lexington.
"Structure", a combination of materials, other than a building, sign or
billboard.
5.
Section 4. Creation and Organization of Historic Districts Commission. -
There is hereby established in the town, of Lexington an Historic Districts
Commission consisting of five unpaid members who shall be residents of the
town of Lexington, to be appointed by the selectmen of the town as follows:
two from four candidates nominated by the Lexington Historical Society, one
from two candidates nominated by The Lexington Arts and Crafts Society, Inc. ,
one from two candidates nominated by the trustees of the Cary Memorial Library
and one member selected at large by the selectmen. The members initially
appointed hereunder shall serve, in the case of one member appointed upon
nomination of the Lexington Historical Society, for a term expiring one
year; in the case of the member appointed uponnomination of The Lexington
Arts and Crafts Society, Inc. , for a term expiring two years, in the case
of the member appointed upon nomination of the trustees of the Cary Memorial
Library, for a term expiring three years, in the case of the second member
appointed upon nomination of the Lexington Historical Society, for a term
expiring four years, in the case of the member appointed at large by the
selectmen, for a term expiring five years, from January first following
the year of such appointements . The selectmen also shall appoint for terms
of five years from January first following the year of such appointments
four associate members of the commission selected from candidates nominated
by the aforesaid organizations and trustees, each such organization and
trustees to nominate two each when two or more associate members are to be
appointed and to nominate one each when only one associate member is to be
appointed. In case of the absence, inability to act, or interest on the
part of a member of the commission his place may be taken by an associate
member designated by the chairman of the commission. In case of a vacancy
on said commission the chairman may designate an associate member to serve
as a member of the commission until said vacancy is filled as provided in
this section. As the term of any member or associate member expires, his
successor shall be appointed in like manner for a term of five years.
Vacancies in the commission shall be filled in the same manner for the
unexpired term. Every member and associate member shall continue in office
after the expiration of his term until, his successor is duly appointed and
qualified. Any member or associate member may be removed for cause by the
appointing authority upon written charges and after a public hearing.
The commission shall elect a chairman and a secretary from its membership.
In the case of absence of the chairman from any meeting, the commission shall
elect a chairman pro tempore for such meeting.
Section 5. Limitations. - (a) No building or structure, except as provided
under section six, shall be erected within the historic districts unless and
until an application for a certificate of appropriateness as to exterior
architectural features which are subject to view from a public street, way,
or place shall have been filed with the commission and either a certificate
of appropriateness, or a certificate that no exterior architectural feature
is involved, shall have been issued by the commission.
(b) No building or structure within the historic districts shah, be changed
as to exterior color features which are subject to view from a public street,
way, or place unless and until an application for a certificate of appropriate-
ness as to change in such color features shall have been filed with the
commission and such certificate shall have been issued by the commission.
6.
(c) No building or structure within the historic districts, except
as provided under section six, shall be demolished or removed unless and
until an application for a permit to demolish or remove the same shall
have been filed with the commission, and such permit shall have been
issued by the commission.
(d) No occupational, commercial, or other sign, except as provided
under section six, and no billboard shall be erected or displayed on
any lot, or the exterior of any building or structure within the historic
districts unless and until an application for a certificate of appropriate-
ness shall have been filed with the commission, and such certificate
shall have been issued by the commission. Tn the case of any such sign
or billboard erected or displayed prior to the effective date of this
act., there shall be allowed a period of five years, subsequent to said
effective date, in which to obtain, such certificate. (See note 1)
(e) Except in cases excluded by section six:
(1) No permit shall be issued by the building inspector for any
building or structure to be erected within the historic districts, unless
the application for said permit shall be accompanied either by a certifi-
cate of appropriateness or a certificate that no exterior architectural
feature is involved, issued under section nine.
(2) No permit shall be issued by the building inspector for the
demolition or removal of any building or structure within the historic
districts unless the application for said permit shall be accompanied
by a permit issued under said section nine.
Section 6. Exclusions. -- (a) Nothing in this act shall be construed
to prevent the ordinary maintenance or repair of any exterior architec-
tural feature of any building or structure within the historic districts;
nor shall anything in this act be construed to prevent the erection,
construction, reconstruction, restoration, alteration, or demolition of
any such feature which the building inspector shall certify is required
by the public safety because of an unsafe or dangerous condition; nor
shall anything in this act be construed to prevent the erection,
construction, reconstruction, restoration, alteration, or demolition of
any such feature under a permit issued by the building inspector prior
to the effective date of this act. (See note 2)
(b) The following structures and signs may be erected or displayed
within the historic districts without the filing of an application for,
or the issuance of, a certificate of appropriateness: -
1 . Section 2, Chapter 579, Acts of-19.66 provides. "Tn the case of any
sign or billboard erected or displayed on the effective date of this act
within an historic district established by this act or within any territory
added by this act to an existing historic district there shall be allowed
a period of five years subsequent to said effective date in which to
obtain the certificate of appropriateness required by paragraph (d) of
section five of chapter four hundred and forty-seven of the acts of
nineteen .hundred and fifty-six."
2. Section 3, Chapter 579, .Acts of 1966 provides: "The provisions of
this act shall not be construed to prevent the erection, construction,
reconstruction, restoration, alteration, or demolition of any exterior
architectural feature, under a permit issued by the building inspector
prior to the effective date of this act, within an historic district
established by this act or within any territory added by this act to an
existing historic district."
7.
(1) Temporary structures or signs for use in connection with any
official celebration or parade, or any charitable drive in the town,
provided that any such structure or sign shall be removed within three days
following the termination of the celebration, parade or charitable drive
for which said structure or sign shall have been erected or displayed.
Any other temporary structures or signs which the commission shall determine
from time to time may be excluded from the provisions of section five without
substantial derogation from the intent and purposes of this act.
(2) Real estate signs of not more than three square feet in area
advertising the sale or rental of the premises on which they are erected
or displayed.
(3) Occupational or other signs of not more than one square foot in
area and not more than one such sign, irrespective of size, bearing the
name, occupation or address of the occupant of the premises on which such
sign is erected or displayed where such premises are located within an
R-1 one family dwelling district as defined in the Zoning By-Law of the
town of Lexington.
(c) The exterior color of any building or structure within the historic
districts may be changed to white without .the filing of an application for,
or the issuance of, a certificate of appropriateness .
Section 7. Applications to be Filed with Commission. - Excepting
cases excluded by section six, any person who desires to erect, build,
construct, reconstruct, restore, alter, move, demolish, remove, or change
the exterior color features of any building or structure now or hereafter
within the historic districts, or to erect or display within the historic
districts any sign or billboard for which a certificate of appropriateness
is required under paragraph (d) of section five, shall file with the
commission an application for a certificate of appropriateness or a permit
for demolition or removal, as the case may be, together with such plans,
elevations, specifications, material and .other information as shall be
deemed necessary by the commission to enable it to make a determination on
the .application.
Section 8. Meetings, Hearings, Time for Making Determinations. -
Meetings of the commission shall be held at the call of the chairman and
also when called in such other manner as the commission shall determine in its
rules . Five members, including associate members, of the commission shall
constitute a quorum.
The commission shall determine promptly after the filing of an application
for a certificate of appropriateness as to exterior architectural features,
whether the application involved any such features . If the commission
determines that such application involves any exterior architectural features,
the commission shall hold a public hearing on such application. The commission
also shall hold a public hearing on all other applications required to be
filed with it under this act, except that the commission may approve an
application for a change in exterior color features without holding a hearing
if it determines that the color change proposed is appropriate.
The commission shall fix a reasonable time for the hearing on any
application and shall give public notice thereof by publishing notice of the
time, place, and purpose of the hearing in a local newspaper at least fourteen
days before said hearing and also, within seven days of said hearing, mail a
copy of said notice to the applicant, to the owners of all property deemed by
the commission to be affected thereby as they appear on the most recent local
tax list, to the planning board of the town, and to such other persons as
the commission shall deem entitled to notice.
8.
As soon as convenient after such public hearing but in any event
within sixty days after the filing of the application, or within such further
time as the applicant shall allow in writing, the commission shall make a
determination on the application. if the commission shall tail to make a
determination within said sixty days, or within such further time allowed by
the applicant, the commission shall be deemed to have approved the application.
Section 9. Powers, Functions, and Duties of Commission, - The
commission shall have the following powers, functions and duties: -
(a) It shall pass upon:
(1) The appropriateness of exterior architectural features of buildings
and structures to be erected within the historic districts wherever such features
are subject to view from a public street, way, or place.
(2) The appropriateness of changes in exterior color features of buildings
and structures within the historic districts wherever such features are
subject to view from a public street, way, or place.
(3) The demolition or removal of any building or structure within the
historic districts. The commission may refuse a permit for the demolition
or removal of any building or structure of architectural or historic interest,
the removal of which in the opinion of the commission would be detrimental
to the public interest.
(4) The appropriateness of the erection or display of occupational,
commercial or other signs and billboards within the historic districts
wherever a certificate of appropriateness for any such sign or billboard is
required under paragraph (d) of section five.
In passing upon appropriateness, demolition or removal, the commission
shall determine whether the features, demolition or removal, sign or billboard
involved will be appropriate for the purposes of this act and, if it shall be
determined to be inappropriate, shall determine whether, owing to conditions
especially affecting the building, structure, sign or billboard involved, but
not affecting the historic district generally, failure to approve an application
will involve a substantial hardship to the applicant and whether such application
may be approved without substantial detriment to the public welfare and without
substantial derogation from the intent and purposes of this act. If the
commission determines that the features, demolition or removal, sign or bill-
board involved will be appropriate or, although inappropriate, owing to
conditions as aforesaid, failure to approve an application will involve
substantial hardship to the applicant and approval thereof may be made without
substantial detriment or derogation as aforesaid, the commission shall approve
the application; but if the commission does not so determine, the application
shall be disapproved.
In passing upon appropriateness the commission shall consider, among other
things, the historical value and significance of the building or structure, the
general design, arrangement, texture, material, and color of the features, sign
or billboard involved and the relation of such factors to similar factors of
buildings and structures in the immediate surroundings. The commission shall
not consider relative size of buildings and structures, or detailed designs,
interior arrangement and other building features not subject to public view.
In approving an application the commission may impose conditions which,
if the certificate of appropriateness is acted upon, shall be binding upon the
applicant, the owner of the property and his successors in title.
9.
The concurring vote of three members, including associate members,
of the commission shall be necessary to make a determination in favor
of the applicant on any matter upon which the commission is required
to pass under this act.
(b) In the case of an approval by the commission of an application for a
certificate of appropriateness or a permit for demolition or removal, or
in the event an application is deemed approved through failure to make a
determination within the time specified in section eight, the commission
shall cause a certificate of appropriateness or a permit for demolition
orremoval, as the case may be, dated and signed by its chairman or chairman
pro tempore, to be issued to the applicant.
(c) In the case of disapproval of an application for a certificate of
appropriateness or a permit for demolition or :removal, the commission
shall cause a notice of its determination, dated and signed by its
chairman or chairman pro tempore, to be issued to the applicant, setting
forth therein the reasons for its determination, and, as to applications
for a certificate of appropriateness, the commission may make recommenda-
tions to the applicant with respect to appropriateness of design, arrangement,
texture, material, color, and similar factors. The commission shall not
make any recommendations except for the purpose of preventing developments
obviously incongruous to the purposes set forth in this act.
(d) In the case of a determination by the commission that an application
for a certificate of appropriateness does not involve any exterior
architectural feature, the commission shall cause a certificate of such
determination, dated and signed by its chairman or chairman pro tempore,
to be issued forthwith to the applicant.
(e) The commission shall keep a permanent record of its resolutions,
transactions, and determinations, and may make such rules and regulations
consistent with this act and prescribe such forms as it shall deem desirable
and necessary.
(f) The commission shall file with the town clerk a notice of all
determinations made by it, and approvals of applications through failure
of the commission to make a determination within the time allowed under
section eight, except that no notice of a determination that an application
for a certificate of appropriateness does not involve any exterior
architectural feature shall be filed.
(g) The commission may incur expenses necessary to the carrying on of
its work within the amount of its appropriation.
Section 14. .Appeeals. - Any person aggrieved by a determination of the
commission or by an approval of an application through failure of the
commission to make a determination within the time allowed under section
eight, whether or not previously a party to the proceeding, or any officer
or board of the town may, within fifteen days after the filing of a notice
of such determination or approval with the town clerk, appeal to the
superior court sitting in equity for the county of Middlesex. The court
shall hear all pertinent evidence and determine the facts and if, upon
the facts so determined, such determination or approval is found to exceed
the authority of the commission, the court shall annul such determination
or approval and remand the case for further action by the commission.
The remedies provided by this section shall be exclusive; but the parties
shall have all rights of appeal and exception as in other equity cases.
10.
Costs shall not be allowed against the commission unless it shall
appear to the court that the commission acted in bad faith or with malice
in the matter from which the appeal was taken.
Costs shall not be allowed against the party appealing from such deter-
mination or approval of the commission unless it shall appear to the court
that said party acted in bad faith or with malice in making the appeal to
the court.
Section 11. Enforcement. - Any person who violates any of the provisions
of this act shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined not less than ten dollars nor more than five hundred
dollars.
The superior court sitting in equity for the county of Middlesex
shall have jurisdiction to enforce the provisions of this act and the
determinations, rulings, and regulations issued thereunder and may
restrain by injunction violations thereof and issue such other orders
for relief of violations as may be required.
Section 12. Severability__2f Provisions. - The provisions of this act
shall be deemed to be severable; and in case any section, paragraph or
part of this act shall be held unconstitutional by any court of competent
jurisdiction, the decision of such court shall not affect or impair the
validity of any other sections, paragraphs or parts of this act.
Section 13. Effective Date of Act. - This act shall take effect upon its
acceptance by the town by vote of its town meeting members at an annual
town meeting or any special town meeting called for the purpose.
Approved June 11, 1956.
Chapter 447, Acts of 1956 accepted at a Special Town Meeting held
November 19, 1956 (Article 5.) .