Search â–¸ Agenda item attachment
A petition was received from Loren Crowe, requesting that the City Council ordain ordinance language relative to the creation and operation of Neighborhood Conservation Districts in the city. REFERRED TO THE ORDINANCE COMMITTEE IN COUNCIL MAY 25, 2021
To the Honorable City Council:
The undersigned registered Cambridge voters respectfully request that the City Council ordain the
ordinance language set forth below relative to the creation and operation of Neighborhood
Conservation Districts in the city.
Diversity, Equity, Inclusion, and Access
21st Century Values for Neighborhood Conservation Districts
We invite you to join us in asking the City to improve the way that we create and operate Neighborhood
Conservation Districts in Cambridge. Intended to serve the worthy goals of helping communities to
preserve historic structures and maintain neighborhoods as they are, Neighborhood Conservation
Districts have too often been exploited unfairly as a means by which tiny, unrepresentative groups of
residents can exploit our city ordinances to control their neighbors’ choices and housing options.
Recently in Cambridge, we have seen small groups of homeowners initiate the process of establishing
new Neighborhood Conservation Districts in order to raise their property values, settle interpersonal
disputes, and restrict development potential below even that allowed by zoning. None of those
purposes matches Cambridge’s values, and yet that behavior is currently enabled by our City ordinances.
The current ordinance language was drafted 40 years ago and needs to be updated to reflect modern
community values related to diversity, access, equity, representation, and inclusion. The ordinance
governing the creation and operation of Neighborhood Conservation Districts currently allows just ten
unrepresentative residents to launch a lengthy study of a Conservation District in an area that might be
home to thousands of residents and burden their homes with binding rules. A study can be initiated by
the appointed members Cambridge Historical Commission without any input or say so from our
democratically elected City Council. A study places binding rules on a neighborhood from the Historical
Commission that no one in the neighborhood outside of the Historical Commission’s Study Commission
has approved of or consented to, and, according to an opinion issued by City Solicitor Nancy Glowa,
those rules can remain in place for as many years as the Historical Commission wants to study them. The
membership appointed to the Neighborhood Conservation District Commissions in no way reflects the
diversity of their neighborhoods with age, race, ethnicity, renter status, or a host of other factors,
tending to confer additional power and privilege to the already powerful and privileged.
This petition proposes changes to the ordinance governing the creation and operation of Neighborhood
Conservation Districts with a view to increasing the democratic legitimacy of our Conservation Districts
by empowering the members of the neighborhoods they govern and by introducing essential
democratic checks and balances to the process. The main goals of this petition are:
ď‚·
Increasing the democratic threshold required to begin a Conservation District Study
ď‚·
Ensuring that the goals of Neighborhood Conservation District are balanced with other City goals
of diversity, equity, and inclusion in all City neighborhoods and the need to address the housing
supply and cost crisis
ď‚·
Ensuring that the democratically elected City Council has a voice in starting a new study
ď‚·
Ensuring that the Neighborhood Conservation District Commissions and the rules governing
Neighborhood Conservation Districts are reflective of the diversity of our neighborhoods
ď‚·
Ensuring that no binding rules are imposed on neighborhoods without the consent of the
governed
We find no fault with the intent behind the original ordinance language, and we believe that it likely
represented the best thinking of the times to solve a social problem of importance to the community.
However, the world has learned a lot in the past forty years. Everyone in this city has learned a lot. And
we believe that the ordinance changes proposed below will help to better accomplish the ordinance’s
original goals by modernizing our Neighborhood Conservation Districts in accordance with our modern
values and increased understanding of the moral requirement for diversity, access, affordability, equity,
representation, and inclusion throughout community life.
We respectfully request ordination of the below changes to the language of Chapter 2.78 Article III.
Underlined sections represent the petitioners’ proposed new wording and struck through sections
represent proposed deletions.
The primary point of contact for this petition is Loren Crowe of 8 Museum Way, Apartment #508
Cambridge, MA 02141. He can be reached at [phone removed] or [email removed].
Chapter 2.78 - HISTORICAL BUILDINGS AND LANDMARKS
Article III. Establishment of Neighborhood Conservation Districts and Protected
Landmarks
2.78.140 Purpose.
The City Council finds it necessary to enact this article under Section 6 of the Home Rule Amendment in
order to preserve, conserve and protect the beauty and heritage of the City and to improve the quality
of its built environment through identification, conservation and maintenance of neighborhoods, areas,
sites and structures which constitute or reflect distinctive features of the architectural, cultural, political,
economic or social history of the City; to resist and restrain environmental influences adverse to this
purpose in balance with allowing housing growth in all City neighborhoods to welcome a diverse set of
residents; to foster appropriate use and wider public knowledge and appreciation of such
neighborhoods, areas or structures; and by furthering these purposes to promote the public welfare by
making the City a more attractive and desirable, desirable, affordable, diverse, equitable, accessible and
inclusive place in which to live and work. To achieve these purposes, the City may designate
neighborhood conservation districts and landmarks to be administered as set forth in this article.
(Ord. 1002 (part), 1983: prior code § 2-147(k)(1))
2.78.150 Definitions for Article III.
In addition to the terms defined in Section 2.78.080 of this Chapter, the following terms, when used
whether or not capitalized in this subsection, shall have the meanings set forth in this section, unless the
context otherwise requires:
A.
"Demolition" means the act of pulling down, destroying, removing or razing structures, or
commencing the work of total or substantial destruction with the intent of completing the same.
B.
"Exterior architectural features" means and includes such portion of the exterior of a structure
as is open to view from a public street, way, park or body of water, including but not limited to the
architectural style and general arrangement and setting thereof, the kind, material and texture of
exterior building materials, and the type and style of windows, doors, lights, signs and other
appurtenant exterior fixtures.
C.
"Historic district" means an area so established under the authority of Chapter 40C of the
General Laws.
D.
"Landmark" means any property within the City so designated in accordance with Section
2.78.180 of this article.
E.
"Neighborhood conservation district" means any area within the City so designated in
accordance with Section 2.78.180 of this article.
F.
"Neighborhood conservation district commission" or "district commission" means a commission
provided for by Section 2.78.160 of this article.
G.
"Structure" means a combination of materials including a building, sign, fence, wall, terrace,
walk, driveway, street, bridge, statue, monument or other manmade feature.
H.
"Gross floor area" means the floor area so defined in Article 2.000 of the Zoning Ordinance of
the City of Cambridge.
(Ord. 1166 §§7, 16, 1995; Ord. 1002 (part), 1983: prior code § 2-147(k)(2))
2.78.160 Neighborhood conservation district commission—Established—Membership requirements.
A.
Upon designation as provided in Section 2.78.180 of this article of any neighborhood
conservation district, and unless the designation provides that the Historical Commission itself shall
exercise authority with respect thereto, the City Manager shall appoint a neighborhood conservation
district commission to consist of five members and three alternates. whose composition fairly
represents the diversity of the neighborhood itself. The members shall include at least three residents of
the neighborhood, not less than two of whom shall be homeownerstenants and one of whom shall be a
homeowner; one neighborhood property owner (who may or may not be a neighborhood homeowner);
and one member person who owns and/or alternate of the Cambridge Historical Commission.operates a
business within the neighborhood. One member and/or one alternate of a neighborhood conservation
district commission, in addition to the mandated member of the Cambridge Historical Commission, may
be a Cambridge resident who lives outside the district. The remaining alternates shall be neighborhood
property owners. The neighborhood conservation district commission shall act solely in the exercise of
those functions described in this article which are applicable to the district under its administration. A
member of the Historical Commission staff should be assigned to provide ongoing administrative and
operational support to the neighborhood conservation district commission.
B.
Any member or alternate of the Historical Commission may be appointed to a neighborhood
conservation district commission for a term coterminous with such person's term as a member or
alternate of the Historical Commission. Members and alternates of a neighborhood conservation district
commission who are not members of the Historical Commission shall by reason of experience or
education have demonstrable knowledge and concern for improvement, conservation and
enhancement of the district, and at least two of the members or alternates shall have professional
qualifications related to real estate or architecture or historic preservation. B. The members of the
neighborhood conservation district commission shall be appointed by the City Manager with regard to
the diverse viewpoints expressed in the creationdiversity of the district. Such members shall serve for a
term of three years, except that the initial appointments shall be for one member to serve one year and
one member to serve two years, and vacancies shall be filled for the unexpired term of office. Each
member and alternate shall continue in office for up to six months after expiration of his or her term
until a successor is duly appointed and qualified, except that no member shall serve more than two
consecutive terms.
C.
The neighborhood conservation district commission shall elect annually a ChairmanChair and
Vice-ChairmanChair from its own number. In the case of absence, inability to act, or unwillingness to act
because of self-interest on the part of a member, his or her place shall be taken by an alternate member
designated by the ChairmanChair, if available, otherwise by the Vice-ChairmanChair if available,
otherwise by a majority vote of the members and alternate members of the Commission present. The
person exercising the function of Executive Director of the Historical Commission shall serve as secretary
of each neighborhood conservation district commission. Persons serving as members or alternate
members of a neighborhood conservation district commission shall, as a result of such service, be
considered as "special municipal employees" for purposes of Chapter 268A of the General Laws.
(Ord. 1331, 12/14/2009; Ord. 1166 § 8, 1995; Ord. 1002 (part), 1983: prior code § 2-147(k)(3))
2.78.170 Powers and duties.
The Historical Commission and each neighborhood conservation district commission shall have like
powers, functions and duties with respect to each landmark and neighborhood conservation district
over which it has jurisdiction as is provided Historic District Commissions under clauses (a) through (g)
under Section 10 of Chapter 40C of the General Laws with respect to historic districts, including without
limitation with respect to the approval and disapproval of certificates of appropriateness,
nonapplicabilitynon applicability and hardship, the dating and signing of such certificates, the keeping of
records and adoption of rules and regulations, the filing with the City Clerk and Building Department of
certificates and determinations of disapproval by it, and the determination of designs of appurtenances
(excluding colors) which will meet the requirements of the landmark or neighborhood conservation
district. The Historical Commission and each neighborhood conservation district commission shall have
no powers, functions or duties with respect to, or jurisdiction over, affordable housing projects that
either are developed under the Affordable Housing Overlay, as defined in Section 11.207 of the Zoning
Ordinance, or have a majority of their units permanently reserved for households at or below 100% of
Area Median Income.
(Ord. 1002 (part), 1983: prior code § 2-147(k)(9))
2.78.180 Designation procedures.
A.
The Historical Commission by majority vote may recommend for designation as a landmark any
property within the City being or containing a place, structure, feature or object which it determines to
be either (1) importantly associated with one or more historic persons or events, or with the broad
architectural, aesthetic, cultural, political, economic or social history of the City or the Commonwealth
or (2) historically or architecturally significant (in terms of period, style, method of construction or
association with a famous architect or builder) either by itself or in the context of a group of structures;
may recommend for designation as a neighborhood conservation district any area within the City
containing places and structures which it determines are of importance to the architectural, aesthetic,
cultural, political, economic or social history of the City, and which considered together cause such area
to constitute a distinctive neighborhood or to have a distinctive character in terms of its exterior
features; and may recommend amendments to any designation of landmark or neighborhood
conservation district theretofore made.
B.
Prior to the recommendation of designation or amendment of designation of any landmark or
neighborhood conservation district an investigation and report on the historical, architectural and other
relevant significance thereof shall be made. The report shall recommend the boundaries of any
proposed landmark or neighborhood conservation district and shall recommend for incorporation in the
order of the City Council designating each landmark or neighborhood conservation district general
and/or specific standards and appropriate criteria consistent with the purposes of this article and the
provisions of Section 2.78.190 of this article that are to be applied in making any determination of the
type referred to in Sections 2.78.170, 2.78.210 and 2.78.220 of this article, with respect to the
designated landmark or within the designated neighborhood conservation district.
C.
In the case of a landmark, the report shall be prepared by the Historical Commission. In the case
of a neighborhood conservation district, the report shall be prepared by a study committee consisting of
three members or alternates of the Historical Commission and fourfive persons appointed by the City
Manager, including at least one person who resides in the district under consideration, at least one
person who owns property in the district under consideration, and one person who owns property or
resides elsewhere in the City and has demonstrated knowledge and concern for conservation and
enhancement of those exterior features of the City which are important to its distinctive character. at
least one person who owns and/or operates a business within the district under consideration, and at
least one person who rents in the district under consideration.
D.
Any tenthirty registered voters of the City may petition that the Historical Commission initiate,
or the Historical Commission on its own may initiate, the process of designating a landmark or amending
or rescinding any such designation theretofore made. Any one hundred registered voters of the City may
petition that the Historical Commission initiate the process of designating a neighborhood conservation
district or amending or rescinding any such designation theretofore made. The Commission shall within
forty-five days following the filing of such request or petition hold a preliminary hearing and arrange for
the preparation of a report and, if required, request the appointment of a study committee. In the event
the Commission requests the appointment of a study committee, the approval of the formation of such
committee shall be by order of the City Council. If the Commission declines to request the appointment of a
study committee, it must make its recommendation as to whether or not to designate the landmark or
neighborhood conservation district within forty-five days of the original petition or request for that
designation. The Historical Commission shall not reconsider a proposed designation, amendment or
rescission of designation within one yearten years of its previous hearing thereon, unless two-thirds of
all its members vote to do so. No later than forty-five days after the transmittal of a report to the
Commission pertaining to a proposed designation, the Commission shall hold a public hearing. The
Commission shall give not less than fourteenthirty days notice of such public hearing by publication in a
newspaper of general circulation in the City and by mailing notice thereof to the owner of the proposed
landmark and to every owner abutting the proposed landmark or within the proposed neighborhood
conservation district, each such owner to be determined from the then current records of the Assessing
Department, to the residents of every address within the proposed neighborhood conservation district, and
to the City Manager, the Planning Board and the City Clerk.
E.
Prior to the public hearing, the Commission shall transmit copies of the report to the Planning
Board for its consideration and recommendations.
F.
The recommendation of the Historical Commission with regard to any designation, amendment
or rescission shall be transmitted to the City Manager and to the City Clerk with a copy of the approved
designation report. Along with its recommendation, the Historical Commission shall include a report on
the impact of the designation on housing and renovation costs in the district and a letter from each
business association within, or within 500 yards of, the proposed district setting out their views on the
proposed district, and the Historical Commission shall identify opponents to the proposed district and
allow them to submit a letter setting out their views on the proposed district and a counter-proposal to
the CHC's recommendation. Designation of a landmark or a neighborhood conservation district or
amendment or rescission of designation shall be by order of the City Council. In the case of a
designation, the order shall include a statement of the reasons for such designation and a statement of
standards which the Historical Commission or neighborhood conservation district commission is to apply
under Sections 2.78.170 and 2.78.190 through 2.78.220 of this article.
G.
No designation, amendment or rescission of designation shall become effective until a map
setting forth the boundaries of the landmark or neighborhood conservation district or change in the
boundaries thereof, has been filed with the City Council and has been recorded with the Registry of
Deeds for the South District of Middlesex County.
H.
If the order establishing or amending a neighborhood conservation district contains provisions
for both regulatory and educational/incentive programs, the regulatory provisions of the order shall not
be effective unless and until the educational/incentive provisions of the order are funded.
I.
Following acceptance of a designation petition for a landmark by the Historical Commission, no
application for a building permit for new construction or alterations on the premises of a property being
considered for designation shall be granted until reviewed by the Commission as though the property
were designated as a landmark or a neighborhood conservation district under this Article III. Beginning
with the Following acceptance of a designation petition for a neighborhood conservation district by the
Historical Commission and authorization of a study of the appropriateness of that designation by order
of the City Council, and until (a) the Historical Commission makes a negative recommendation on a
proposed designation, (b) the City Council determines not to enact the proposed designation, or (c) one
year has elapsed, whichever is less, the Commission shall conduct a non-binding review of all proposed
construction, demolition, or alteration that affects the exterior architectural features, other than color,
climate resiliency features, or renewable energy features, of the structures on the premises of a
proposed landmark or within a proposed neighborhood conservation district. The period during which
these rules and procedures apply may not be extended other than due to a declared emergency.
J.
Notwithstanding the prior provisions of this section 2.78.180, a neighborhood conservation
district previously established by order of the City Council, in accordance with this section, which order
instructs that there be a review of the activities of the neighborhood conservation district commission
established pursuant to that order, following one or more public hearings by such neighborhood
conservation district commission and by the Historical Commission, and a report to the City Council by
such commissions containing a summary of testimony at such hearings and recommendations by such
commissions for amendments to the powers, responsibilities and procedures of such neighborhood
conservation district commission (including amendments to the boundaries of the affected
neighborhood conservation district), may be amended by the City Council, in a manner consistent with
the recommendations of such report, or be rescinded without the necessity of the appointment of a
new study committee or of a de novo study process.
K. Beginning in 2022, and every ten years thereafter, the City Council shall review each existing
neighborhood conservation district and adopt an order (1) to renew the neighborhood conservation
district unchanged; (2) to renew the neighborhood conservation district with more limited boundaries;
(3) to renew the neighborhood conservation district with less restrictive rules and/or guidance; or (4) to
discontinue the neighborhood conservation district. In the review process, the City Council shall revise
the rules and/or guidance to conform with the current version of this ordinance, including setting a
schedule for conformance of neighborhood conservation district commissions, upon vacancies, to the
current membership requirements. In the absence of a City Council order renewing a neighborhood
conservation district, the neighborhood conservation district shall be discontinued.
(Ord. 1331, 12/14/2009; Ord. 1166 §§9, 10, 17, 18, 1995; Ord. 1009A (part), 1984; Ord. 1002 (part),
1983: prior code § 2-147(k)(4))
2.78.190 Review procedures.
A.
Except as the order designating or amending a landmark or neighborhood conservation district
may otherwise provide in accordance with this article, the Historical Commission or neighborhood
conservation district commission having jurisdiction shall review all construction, demolition or
alteration that affects the exterior architectural features, other than color, climate resiliency features, or
renewable energy features, of any landmark or within any neighborhood conservation district.
B.
The order designating or amending a landmark or neighborhood conservation district may
provide that the authority of the Historical Commission or neighborhood conservation district
commission having jurisdiction shall not extend to the review of one or more of the following categories
of structures or exterior architectural features of the landmark or within the neighborhood conservation
district in which event the structures or exterior architectural features so excluded may be constructed
or altered without review by the Commission:
1.
The application of exterior wall material in a manner that does not require the removal or
enclosure of any cornice, fascia, soffit, bay, porch, hood, window or door casing, or any other protruding
decorative element;
2.
Alternations Alterations to the exterior of existing structures that do not increase or diminish
the size and location of windows and doors, cause the removal of any bay, porch, hood, window or door
casing or any other protruding decorative element, or alter the appearance of a roof;
3.
The exterior appearance of a new structure that does not require a variance or special permit
under the zoning ordinance then in effect;
4.
Signs, temporary structures, lawn statuary, or recreational equipment, subject to such
conditions as to duration of use, dimension, location, lighting, removal and similar matters as the
Commission may reasonably specify;
5.
Terraces, walks, driveways, sidewalks and similar structures substantially at grade level;
6.
Walls and fences;
7.
Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae,
trelliswork and similar appurtenances.
C.
The Historical Commission or a neighborhood conservation district commission may determine
from time to time after a public hearing that certain categories of exterior architectural features or
structures, including, without limitation, any of those enumerated in this section, if the provisions of the
applicable order do not limit the authority of such commission with respect thereto, may be constructed
or altered without review by such commission without causing substantial derogation from the intent
and purposes of this article.
D.
If the order establishing or amending a neighborhood conservation district provides, the
determination of a neighborhood conservation district commission shall be binding only with regard to
applications to construct a new building, to demolish an existing structure if a demolition permit is
required, to construct a parking lot as a principal use, and to construct an addition to an existing
structure that would increase its gross floor area, and in all other cases the determinations of a
commission shall be advisory only and not binding on an applicant. In no case shall a building permit be
issued until the commission has made a determination under the applicable provisions of this article.
(Ord. 1002 (part), 1983: prior code § 2-147(k)(5))
2.78.200 Maintenance, repair and reconstruction.
Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair or replacement
of any exterior architectural feature of a landmark or within a neighborhood conservation district which
does not involve a change in design or material or the outward appearance thereof, nor to prevent
landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified
by duly authorized public officer to be necessary for public safety because of an unsafe or dangerous
condition, not construed to prevent any construction or alteration under a permit duly issued prior to
the effective date of the order which designates that landmark or district, nor construed to prevent the
reconstruction, substantially similar in exterior design, of a structure or exterior architectural feature
damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one
year thereafter and carried forward with due diligence.
(Ord. 1002 (part), 1983: prior code § 2-147(k)(6))
2.78.210 Certificates of appropriateness, nonapplicability or hardship.
A.
Except as the order establishing or amending a landmark or neighborhood conservation district
may otherwise provide, no structure designated a landmark or within a neighborhood conservation
district shall be constructed or altered in any way that affects exterior architectural features unless the
Historical Commission or neighborhood conservation district commission having jurisdiction shall first
have issued a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship
with respect to such construction or alteration.
B.
Any person who desires to obtain a certificate from the Historical Commission or neighborhood
conservation district commission shall file with the Commission an application for a certificate of
appropriateness, a certificate of nonapplicability or a certificate of hardship, as the case may be, in such
form as the commission may reasonably determine, together with 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 the property thereafter, as may be reasonably deemed
necessary by the Commission to enable it to make a determination on the application.
C.
No building permit for alteration of an exterior architectural feature of a landmark or
construction of a structure or for alteration of an exterior architectural feature within a neighborhood
conservation district and no demolition permit for demolition or removal of a landmark or of a structure
within a neighborhood conservation district shall be issued by the City or any department thereof until
the certificate required by this article has been issued by the Historical Commission or neighborhood
conservation district commission having jurisdiction. This provision does not apply to proposals for, or
existing, affordable housing projects that either are developed under the Affordable Housing Overlay, as
defined in Section 11.207 of the Zoning Ordinance, or have a majority of their units permanently
reserved for households at or below 100% of Area Median Income, over which neither the Historical
Commission nor any neighborhood conservation district commission has jurisdiction.
(Ord. 1166 §§11, 12, 1995; Ord. 1002 (part), 1983: prior code § 2-147(k)(7))
2.78.220 Factors considered by Commissions.
A.
In passing upon matters before it, the Historical Commission or neighborhood conservation
district commission shall consider, among other things, the historic and architectural value and
significance of the site or structure, the general design, arrangement, texture and material of the
features involved, and the relation of such features to similar features of structures in the surrounding
area. In the case of new construction or additions to existing structures a commission shall consider the
appropriateness of the size and shape of the structure both in relation to the land area upon which the
structure is situated and to structures in the vicinity, and a Commission may in appropriate cases impose
dimensional and setback requirements in addition to those required by applicable provision of the
zoning ordinance.. A Commission shall not consider interior arrangements or architectural features not
subject to public view.
B.
A Commission shall not make any recommendation or requirement except for the purpose of
preventing developmentsrejecting proposals incongruous to the historic aspects, or the architectural
significance or the distinctive character of the landmark or neighborhood conservation district.
(Ord. 1002 (part), 1983: prior code § 2-147(k)(8))
2.78.230 Public meetings and hearings.
The Historical Commission and each neighborhood conservation district commission shall adopt rules for
the reasonable conduct of its meetings and public hearings, which rules shall not be inconsistent with
the procedures provided for meetings of and hearings by historic district commissions under Section 11
of Chapter 40C of the General Laws; and in the absence of the adoption of any such rules, meetings and
public hearings of the Historical Commission and of each neighborhood conservation district
commission shall be in conformity with the provisions of Section 11 of Chapter 40C applicable to historic
district commissions.
(Ord. 1002 (part), 1983: prior code § 2-147(k)(10))
2.78.240 Appeal procedure.
Any person aggrieved by a designation of a landmark or district may appeal to the superior court within
thirty days after such designation. Any applicant aggrieved by a determination of a neighborhood
conservation district commission or ten registered voters of the City opposing a determination under
this article may appeal to the Historical Commission within twentysixty days after the filing of the notice
of such determination with the City Clerk. The Historical Commission may overrule the determination
and return it for reconsideration consistent with that finding. If the applicant is aggrieved by the
determination of the Historical Commission, or if action is not taken by the Historical Commission within
thirty days of filing for review, the applicant may appeal to the superior court. Appeal from a Historical
Commission determination shall be taken within thirty days of the formal decision; appeal from a failure
to act shall be taken within sixty days after the filing for review. The superior court may reverse a
determination if it is not supported by substantial evidence in the record. In all other respects, the
appeal shall be made in the same manner as provided under Section 12A of Chapter 40C of the General
Laws.
(Ord. 1166 §13, 1995; Ord. 1002 (part), 1983: prior code § 2-147(k)(11))
2.78.250 Historical Commission authority not limited.
No provisions of this article shall alter or diminish the duties and functions of the Historical Commission
under the authority of Chapter 40, Section 8D and Chapter 40C of the General Laws, or apply to any
historic district currently administered by such commission, or restrict the establishment of any future
historic district under Chapter 40C of the General Laws.
(Ord. 1002 (part), 1983: prior code § 2-147(k)(13))
2.78.260 Limitation on applicability.
The provisions of Article II of this chapter (relative to procedures for demolition permits for significant
buildings) shall not be applicable with respect to the demolition of any structure within a neighborhood
conservation district if the appropriate neighborhood conservation district commission has issued a
certificate of appropriateness or a certificate of hardship permitting the demolition of such structure.
(Ord. 1002 (part), 1983: prior code § 2-147(k)(14))
2.78.270 Enforcement and remedies.
The Historical Commission and any neighborhood conservation district commission are eachis
specifically authorized to institute any and all actions, proceedings in law and in equity, as they deemit
deems necessary and appropriate to obtain compliance with the requirements of this article or to
prevent a threatened violation thereof. Any violation of any provision of this article may be punished to
the like extent provided in Section 13 of Chapter 40C of the General Laws for a violation of said Chapter
40C. In addition to the foregoing, no building permit shall be issued, with respect to any premises upon
which a landmark or a structure within any neighborhood conservation district has been voluntarily
demolished otherwise than pursuant to a certificate granted after compliance with the provisions of this
article, for a period of two years after the date of the completion of such demolition (the word
"premises" for the purposes of this sentence referring to the parcel of land upon which the demolished
structure was located and all adjoining parcels of land under common ownership or control.)
(Ord. 1002 (part), 1983: prior code § 2-147(k)(12))