Title: Critique of the ordinance of Plymouth
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00103302/00001
 Material Information
Title: Critique of the ordinance of Plymouth
Physical Description: Archival
Language: English
Creator: Blackey, Dorinda K. M.
Publisher: University of Florida
Place of Publication: Gainesville, Fla.
 Record Information
Bibliographic ID: UF00103302
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






April 24, 1984


Lauerence R. Pizer, Chairman
Plymouth Historical Commission
c/o Pilgrim Hall
75 Court Street
Plymoutn, Mass:chusetts 02360


Dear Mr. Pizer:

It is my understanding from the information you have sent
me that the preservation ordinance of Plymoutn is,in
actuality and totality, the Historic Districts Act
adopted by the Commonwealth of Massachusetts. This is
a st te act which establisnes, defines and regulates
local historic districts and commissions.


The advantage to adopting the st te act is two-fold.
One, the document has been written by some of the ablest
and most qualified legal and preservation minds. They have
a thorough knowledge of, not only the needs of successful
preservation efforts, but of the potential legal ramifi-
cations, and how to divert them. The result is a mucn,
more comprehensive document than local, isolated individuals
could probably evolve.


Secondly, because the document is a state document,
instead of a local document, the ch nces of it surviving
a test in tne judiciary system are good. If it were a
local ordinance, the isolation of certain ideas might
weaken. There is truth to the addage that tnere is safety
in numbe-s. Ana s., a state ordinance reads stronger th.n
a local ordinance. I am sure, too, that you found tais
ordinance much easier to p ss with the selectmen, than if
you h d asked them to adopt a separate locally written
ordinance.










-2-
There are some problems with this state law, however. The
only one t at you mention is your dependence on thebBuil-
ding Department to wit hold building permits wnen applied o
for within an historic district..This issue is directly
addressed in the final paragraph of Sction 6. It cle-ray
states that no permit s would be issued in a historic
district without the required certification. The 1w
appears cjear in tais case, but education of the BuildinG
Dep rtment aod tne citizens of the district m y be in order..


The m in problem that is evident with this state law
adopted aspa local ordinance lies in the nature of the
fact thAt it is a state law. Many of the regulations
within t e law are either very general, or taey have a
variable element within them. For instance, in Spction 4
were it describes t e establishme t of tne historic
districts commission, it states thnt it "s all consist of
not less than three nor more than seven members." This
vari tion was obviously included to accommodate tne var-
ious sizes of t wns and cities in Massachusetts. It seems
that this state law,in this specific inst. nce, and through-
out the law, was written so that individual towns would
adopt a loca ordinance or set,of by-laws wuich w.uld
adapt tne state law to the individual needs of a community.
This ordinance mig -t, then, be subject to the scrutiny of
the state,in the same way that tne designation of the local
historic districts is subject to state approval.


My prim:.ry recommendation, t:eref.re, is for Plymouth
to draft a local ordinance which gives local definition
to the state law. This ordinance s would follow the state
ordinance section by section,in its organization. The
st te law is t orough ona accurate in its organization of










-3-


e-ements necessary to a preservation ordinance. In each
section, Plymouth should attempt to define its individual
needs within t e altitudes of tae stIte law. It is impor-
tant to stay wit in these latitudes, because one must
not forget that it is the impact of the state law which
gives a majority of the credence to the preservation
efforts.


Plymouth must define its individual needs more specifically,
thr-ugh the ordinance and through t e design .tion of its
districts. My second recomme-dation t.; the town would
be to c nsider the economic benefits of a more extensive
historic district. The tourist industry is a m-jor one
in Plymouth. The tourist attraction revolves around the
heritage of Plym uth. It seem the town h.s an economic
obligation to protect t is tourist trade by protecting
its history.


Therefore, I would strongly recomme-nd that the historic
district be exte-ded beyond the p..rks and residential
areas it now entails. It should include tne commercial
building s alomg Man Street. Probably more importantly,
it should inc ude the entire waterfront. Spot zoning,
or rather, spot district designation, d es not allow
for proper preservation. It is not on-y important to
preserve an isol ted building or structure, it is also
important to preserve the character of a neighborhood,
including the waterfront. Commercial buildings on b..th
Main Street and Water Street, as well as surrounding lund,
s would be included in a local historic district. It
would be to your economic benefit to preserve tne character
of Plymout. ana, therefore, your tourist trade.































-4-


If I can be of further assistance, please feel free to
contact me.



Sincerely,


Dorinda K.M. Blackey




PLYMOUTH HISTORICAL COMMISSION

Plymouth Historic District Commission


c/o Pilgrim Hall
75 Court Street
Plymouth, Massachusetts 02360
617-746-1620


Laurence R. Pizer, Chairman
Reno L. Zammarchi, Secretary
Clarence R. Krueger
Richard W. Lowery, R.A.
Dr. Richard M. Shiff


23 February 1984


Ms. Kim Blackey
Rt. 1, Box 314 A
Gainesville, FL 32601
Dear Ms. Blackey:
I am enclosing a
Historic District.
1. The Plymouth
on the enclosed map.
town.


copy of the ordinance dealing with the Plymouth

Historic District applies to the area shown
It represents a minute percentage of the entire


2. Plymouth has both an Historic District Commission and an
Historical Commission, whose members coincide. The former governs
the town Historic District and the latter deals with preservation
as a whole and with National Register nominations. In fact, there
is no formal separation of the bodies.


3. Plymouth does have a National Register
of the Town Historic District. Two other parts
District will be presented for inclusion on the
as nomination efforts go forward.


District, one part
of the Historic
National Register


4. The ordinance has stood up well in its eight years or
so. There have been no formal challenges.
5. There are no present plans for change in the ordinance.
6. The only weakness of the ordinance is the reliance on
the Town Building Department to withhold permits until procedures
for the Historic District Commission's approval have been followed.
The Building Department considers the requirement for a certificate
of appropriateness in just one part of the town red tape.
I hope that this answers your questions.
Sincerely yours,


Laurence R. Pizer
Chairman
Enclosure
LRP/djs


T

O


O

F


L

Y

M


U

T

H










APPENDIX E HISTORIC DISTRICTS ACT, GIAPTER 40C, GENERAL LAWS established by
Chapter 37 Acts of 1960, as most recently amended by Chapter 706, Acts of
1975:

Section 1. This chapter shall be known and may be cited as the Historic
Districts Act.
Section 2. The purpose of this chapter is to promote the educational,
cultural, economic and general welfare of the public through the preservation.
and protection of the distinctive characteristics of buildings and places
significant in the history of the commonwealth and its cities and towns or
their architecture, and through the maintenance and improvement of settings
for such buildings and places and the encouragement of design compatible
therewith.
Section 3. A city or town may, by ordinance or by-law adopted by two
thirds vote of the city council in a city or by a two thirds vote of a.town
meeting in a town, establish historic districts subject to the following
provisions: Prior to the establishment of any historic district in a city or
town, an investigation and report on the historical and architectural signi-
ficance of the buildings, structures or sites to be included in the proposed
historic district or districts shall be made by an historic district study
committee or by an historic district commission, as provided in this section
and in section four, who shall transmit copies of the report to the planning
board, if any, of the city or town, and to the Massachusetts historical com-
mission for their respective consideration and recommendations. The buildings,
structures or sites to be included in the proposed historic district may con-
sist of one or more parcels or lots of land, or one or more buildings or
structures on one or more parcels or lots of land. The Massachusetts histor-
ical commission may consult with the commissioner of commerce and development,"
the secretary of coTmmrunities and de.-V!- Pent nd the commissioner of environ-
mental management with respect to such reports, and may make guidelines for
such reports, and, after public hearing, establish rules as to their form and
manner of transmission. Not less than sixty days after such transmittal the
study committee shall hold a public hearing on the report after due notice given
at least fourteen days prior to the date thereof, which shall include a written
notice mailed postage prepaid, to the owners as they appear on the most recent
real estate tax list of the board of assessors of all properties to be included
in such district or districts. The committee shall submit a final report with
its recommendations, a map of the proposed district or districts and a draft
of a proposed ordinance or by-law, to the city council or town meeting.
An historic district may be enlarged or reduced or an additional historic
district in a city or town created in the manner provided for creation of the
initial district, except that (a) in the case of the enlargement or reduction
of an existing historic district the investigation, report and hearing shall
be by the historic district commission having jurisdiction over such historic
district instead of by a study committee; (b) in' the case of creation of an ad-
ditional historic district the investigation, report and hearing shall be by
the historic district commission of the city or town, or by the historic dis-
trict commissions acting jointly if there be more than one, instead of by
a study committee unless the commission or commissions recommend otherwise;









and (c) if the district is to be reduced written notice as above provided of
the commission's hearing on the proposal shall be given to said owners of each
property in the district.
Any ordinance or by-law creating an historic district may, from time to
time, be amended in any manner not inconsistent with the provisions of this
chapter by a two thirds vote of the city council in a city or by a two thirds
vote of a town meeting in a town, provided that the substance of such amend-
ment has first been submitted to the historic district commission having jur-
isdiction over such district for its recommendation and its recommendation has
|been received or sixty days have elapsed without such recommendation.
No ordinance or by-law creating an historic district, or changing the
boundaries of an historic district, shall become effective until a map or maps
setting forth the boundaries of the historic district, or the change in the
boundaries thereof, has been filed with the city clerk or town clerk and has
been recorded in the registry of deeds for the county or district in which the
city or town is located, and the provisions of section thirteen A of chapter
thirty-six shall not apply.
Section 4. An historic district study committee may be established in
any city or town by vote of the city council or board of selectman for the
purpose of making an investigation of the desirability of establishing an his-
toric district or districts therein. The study committee shall consist of not
less than three nor more than seven members appointed in a city by the mayor,
subject to confirmation by the city council, or in a town by the board of sel-
ectmen, including one member from two nominees submitted by the local histor-*
ical society or, in the absence thereof by the Society for the Preservation of
New England Antiquities, one member from two nominees submitted by the chapter
of the American Institute of Architects covering the area, and one member from
two nominees of the board of realtors, if any, covering the area. If within-
thirty days after submission of a written request for nominees to any of the
organizations herein named no such nominations have been made the appointing
body may proceed to appoint the study committee without nominations by such
organization.
Whenever an historic district is established as provided in section
three an historic district commission shall be established which shall consist
of not less than three nor more" than seven members. An historic district comm-
ission shall be appointed in a city by the mayor, subject to confirmation by
the city council, or in a town by the board of selectmen, in the same manner
as an historic district study committee unless (a) the report recommending its
establishment recommends alternate or additional organizations to submit nom-
inees for membership and states reasons why such alternate or additional or-
ganizations would be appropriate or more appropriate for the particular city
or town, the Massachusetts historical commission does not recommend otherwise
prior to the public hearing on the establishment of the district, and the or-
dinance or by-law so provides; or (b) there is an existing historic district
commission in the city or town which the report recommends should administer
the new district, and the ordinance or by-law so provides. Unless the report
recommends otherwise on account of the small number of residents or individual
property owners, and the ordinance or by-law so provides, the members of the
historic district commission shall include one or more rcsihcnts of or c-neers
of property in an historic district to be administered by the commission. If










within thirty days after submission of a written request for nominees to an or-
:anization entitled to submit nominations for membership on the commission no
uch nominations have been made the appointing body may proceed to make the ap-
ointment to the commission without nomination by such organization. The ap-
ointments to membership in the commission shall be so arranged that the term of
t least one member will expire each year, and their successors shall be appoint-
d in the same manner as the original appointment for terms of three years.
acancies shall be filled in the same manner as the original appointment for
he unexpired term. Ordinances or by-laws adopted hereunder may provide for
he appointment of alternate members not exceeding in number the principal
embers who need not be from nominees of organizations entitled to nominate
embers. In case of the absence, inability to act or unwillingness to act be-
ause of self-interest on the part of a member of the commission, his place
hall be taken by an alternate member designated by the chairman. Each member
ad alternate shall continue in office after expiration of his term until his
accessor is duly appointed and qualified. All members shall serve without
Dmpensation. The commission shall elect annually a chairman and vice-chairman
rom its own number and a secretary from within or without its number.
Section 5. As used in this chapter the word "altered" includes the words V -X
rebuilt", "reconstructed", "restored", "removed" and "demolished" and the
irase "changed in exterior color"; the word "building" means a combination
E materials forming a shelter for persons, animals or property; the word "comm-
ssion" means the commission acting as the historic district commission; the
3rd "constructed" includes the words "built", "erected", "installed", "en-
arged" and "moved"; the words "exterior architectural feature" mean such por-
ion of the exterior of a building or structure as is open to view from a pub-
ic street, public way, public park or public body of water, including but not
limited to the architectural style and general arrangement and setting thereof,
ie kind, color and texture of exterior building materials, the color of paint
r other materials applied to exterior surfaces and the type and style of win-
Dws, doors, lights, signs and other appurtenant exterior fixtures; and the
:rd "structure" means a combination of materials other than a building, in-
luding a sign, fence, wall, terrace, walk or driveway.
Section 6. Except as the ordinance or by-law may otherwise provide in ac-
3rdance with section eight or said section eight or nine, no building or struc-
ire within an historic district shall be constructed or altered in any way
iat affects exterior architectural features unless the commission shall first
ive issued a certificate of appropriateness, a certificate of nonapplicability
r a. certificate of hardship with respect to such construction or alteration.
Any person who desires to obtain a certificate from the commission shall
ile with the commission an application -for a certificate of appropriateness,
certificate of nonapplicability or a certificate of hardship, as the case may
i, in such form as the commission may reasonably determine, together with such
Lans, elevations, specifications, material and other information, including
I the case of demolition or removal a statement of the proposed condition and
>pearance of the property thereafter, as may be reasonably deemed necessary
r the commission to enable it to make a determination on the application.
No building permit for construction of a building or structure or for "
teration of an exterior architectural feature within an hisf ric- district and









no demolition permit for demolition or removal of a building or structure
within an historic district shall be issued by a city or town or any depart-
ment thereof until the certificate required by this section has been issued by
the commission.
Section 7. In passing upon matters before it the commission shall con-
sider, among other things, the historic and architectural value and signifi-
cance of the site, building or structure, the general design, arrangement, tex-
ture, material and color of the features involved, and the relation of such
features to similar features of buildings and structures in the surrounding
area. In the case of new construction or additions to existing buildings or
structures the commission shall consider the appropriateness of the size and
shape of the building or structure both in relation to the land area upon
which the building or structure is situated and to buildings and structures
in the vicinity, and the commission may in appropriate cases impose dimension-
al and set-back requirements in addition to those required by applicable ordi-
nance or by-law. The commission shall not consider interior arrangements or
architectural features not subject to public view.
The commission shall not make any recommendation or requirement except
for the purpose of preventing developments incongruous to the historic aspects
or the architectural characteristics of the surroundings and of the historic
district.
Section 8. (a) Any city or town may_provide in the ordinance or by-law
establishing a district or in any amendment thereof that the authority of the.
commission shall not extend to the review of one or more of the following
categories of buildings or structures or exterior architectural features in
the historic district and, in this event, the buildings or structures or ex-
terior architectural features so excluded may be constructed or altered within
the historic district without review by the commission:
(1) Temporary structures or signs, subject, however, to such conditions
as to duration of use, location lighting, removal and similar matters as the
commission may reasonably specify.
(2) Terraces, walks, driveways, sidewalks and similar structures, or
any one or more of them, provided that any such structure is substantially
at grade level.
(3) Walls and fences, or either of them.
(4) Storm doors and windows, screens, window air conditioners, lighting
fixtures, antennae and similar appurtenances, or any one or more of them.
(5) The color of paint.
(6) The color of materials used on roofs.
(7) Signs of not more than one square foot in area in connection with use
of a residence for a customary home occupation or for professional purposes,
provided only one such sign is displayed in connection with each residence
and if illuminated is illuminated only indirectly; and one sign in connection
with the nonresidential use of each building or structure which is not more
than twelve square feet in area, consist of letters painted on wood without
symbol or trademark and if illuminated is illuminated only indirectly; or
either of them.
(8) The reconstruction, substantially similar in exterior design, of a
building, structure or exterior architectural feature dac,--d or destoy:-" by









ire, storm or other disaster, provided such reconstruction is begun within
ne year thereafter and carried forward with due diligence.
(b) A commission may determine from time to time after public hearing
hat certain categories of exterior architectural features, colors, structures
r signs, including, without limitation, any of those enumerated under para-
raph (a), if the provisions of the ordinance or by-law do not limit the author-
ty of the commission with respect thereto, may be constructed or altered with-
jut review by the commission without causing substantial derogation from the
intent and purposes of this chapter.
(c) A city or town may provide in its ordinance or by-law, or in any
amendment thereof, that the authority of the commission shall be limited to ex-
erior architectural features within a district which are subject to view from
ne or more designated public streets, public ways, public parks or public bod-
es of water, although other portions of buildings or structures within the
district may be otherwise subject to public view, and, in the absence of such
provision of the ordinance or by-law, a commission may determine from time to
.me after public hearing that the authority of the commission may be so lim-
ed without substantial derogation from the intent and purposes of this chap-
sr.
(d) Upon request the commission shall issue a certificate of non-applica-
ility with respect to construction or alteration in any category then not
5ject to review by the commission in accordance with the provisions of para-
raph (a) (b) or (c). --
Section 9. Nothing in this chapter shall be construed to prevent the
ordinary maintenance, repair or replacement of any exterior architectural fea-
ure within an historic district which does not involve a change in design,
material, color or the outward appearance thereof, nor to prevent landscaping

nts certified by a duly authorized public officer to be necessary for public
ety because of an unsafe or dangerous condition, nor construed to prevent
y construction or alteration under a permit duly issued prior to the effec-
ve date of the applicable historic district ordinance or by-law.
Section 10. The commission shall have the following additional powers,
actions and duties: --
(a) If the commission detetrines that the construction or alteration for
ich an application for a certificate of appropriateness has been filed will
appropriate for or compatible with the preservation or protection of the
storic district, the commission shall cause a certificate of appropriateness
be issued to the applicant. In the case of a disapproval of an application
r a certificate of appropriateness the commission shall place upon its rec-
ds the reasons for such determination and shall forthwith cause a notice of
s determination, accompanied by a copy of the reasons therefore as set forth
the records of the commission, to be issued to the applicant, and the comm-
sion may make recommendations to the applicant with respect to appropriate-
ss of design, arrangement, texture, material and similar features. Prior to
e issuance of any disapproval the commission may notify the applicant of its
posed action accompanied by recommendations of changes in the applicant's
'posal which, if made, would make the application acceptable to the commiss-
n. If within fourteen days of the receipt of such notice t-e 1!'licant files
written modification of his application in conformity wi-th Uie icomnIniuu
anges of the commission, the commission shall cause a certificate of appro-










priateness.:to be issued to the applicant.
(b) In the case of a determination by the commission that an application
for a certificate of appropriateness or for a certificate of nonapplicability
does not involve any exterior architectural feature, or involves an exterior
architectural feature which is not then subject to review by the commission
in accordance with the provisions of section eight, the commission shall cause
a certificate of nonapplicability to be issued to the applicant.
(c) If the construction or alteration for which an application for a cer-
tificate of appropriateness has been filed shall be determined to be inappro-
priate, or in the event of an application for a certificate of hardship, 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 an application will involve a substantial hard-
ship, financial or otherwise, 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 chapter. If the
commission determines that owing to such conditions failure to approve an
application will involve substantial hardship to the applicant and approval
thereof may be made without such substantial detriment or derogation, or, in
the event of failure to make a determination on an application within the
time specified in section eleven, the commission shall cause a certificate
of hardship to be issued to the applicant.
(d) Each certificate issued by the commission shall be dated and signed
by its chairman, vice-chairman, secretary or such other person designated by
the commission to sign such certificates on its behalf.
(e) The commission shall keep a permanent -record of its resolutions,
transactions and determinations and of the vote of each member participating
therein, and may adopt and amend such rules and regulations not inconsistent
with the provisions of this act and prescribe such forms as it shall deem
desirable and necessary for the regulation of its affairs and the conduct of
its business. The commission shall file a copy of any such rules and regu-
lations with the city or town clerk.
(f) The commission shall file with the city or town clerk and with any
department of the city or town having authority to issue building permits a
copy or notice of all certificates and determinations of disapproval issued
by it.
(g) A commission may after public hearing set forth in such manner as it
may determine the various designs of certain appurtenences, such as light
fixtures, which will meet the requirements of an historic district and a roster
of certain colors of paint and roofing materials which will meet the require-
ments of an historic district, but no such determination shall limit the right
of an applicant to present other designs or colors to the commission for its
approval.
(h) The commission may, subject to appropriation, employ clerical and
technical assistants or consultants and incur other expenses appropriate to
the carrying on of its work, and may accept money gifts and expend the same
for such purposes. The commission may administer on behalf of the city or
town any properties or easennts, restrictions or other in:r-:. ts in r'cl p"op-
erty which the city or town may have or may accept as gifts or otherwise and









which the city or town may designate the commission as the administrator
thereof.
(i) The commission shall have, in addition to the powers, authority and
duties granted to it by this act, such other powers, authority and duties as
may be delegated or assigned to it from time to time by vote of the city
council or town meeting.
Section 11. Meetings of a commission shall be held at the call of the
chairman and shall be called at the request of two members of the commission
and in such other manner as the commission shall determine in its rules. A
majority of the members of a commission shall constitute a quorum. The
concurring vote of a majority of the members fthe commission shall be
necessary to issue a certificate of appropriateness, a certificate of non-
applicability or a certfiicate of hardship.
--A commission shall determine promptly, and in all events within four-
een days after the filing of an application for a certificate of appro-
ri fneness, a certificate of nonapplicability or a certificate of hardshi`p,
ithe case may be, whether the application involves any exterior architec-
ural features which are subject to approval by the commission. If a comm-
ssion determines that.such application involves any such features which
re subject to approval by the commission the commission shall hold a public
hearing on such application unless such hearing is dispensed with as herein-
ter provided.
The commission shall fix a reasonable time for the hearing on any appli-
ation and shall give public notice of the time, place and purposes thereof
t least fourteen days before said hearing in such manner as it may deter-
ne, and by making, postage prepaid, a copy of said notice to the applicant,
o the owners of 11 adjoining property and other property deemed by the comm-
ssion to be materially affected thereby as they appear on the most recent
al estate tax list of the board of assessors, to the planning board of the
ity or town, to any person filing written request for notice of hearings,
ch request to be renewed yearly in December, and to such other persons as the
mission shall deem entitled to notice.
As soon as .convenient after such public hearing but in any event within
xty days after the filing of the application, or such lesser period as the
ordinance or by-law may provide, or within such further time as the applicant
allow in writing, the commission shall make a determination on the appli-
tion. If the commission shall fail to make a determination within such per-
d of time the commission shall thereupon issue a certificate of hardship.
-A public hearing on an application need not be held if such hearing is
'vec in writing by all persons entitled to notice thereof. In addition, a
lic hearing on an application may be waived by the commission if the comm-
sion determines that therexterior architectural feature involved or its cat-
oyor color, as the case may be, is so insubstantial in its effect_! n he
alng onuc e application, provided, however,.that if the commission dispen-
s with a public hearing on an application notice of he-application shall
en to-the rs of all adjoining property and other property deemed by
c Tnssion to be materially affected thereby as above provided and ten days
a1 elapse after the mailing of such notice before ihe comission .-iay act
Such application.








Section 12. A city or town may provide in its ordinance or by-law or in
any amendment thereof, for a review procedure whereby any applicant aggrieved
by a determination of the commission may, within twenty days after the filing
of the notice of such determination with the city or town clerk, file a written
request with the commission for a review by a person or persons of competence
and experience in such matters, designated by the regional planning agency of
which the city or town is a member. If the city or town is not a member of a
regional planning agency, the department of community affairs shall select the
appropriate regional planning agency.
The finding of the person or persons making such review shall be filed
with the city or town clerk within forty-five days after the request, and shall
be binding on the applicant and the commission, unless a further appeal is
sought in the superior court as provided in section twelve A.
Section 12A. Any applicant aggrieved by a determination of the commission,
or by the finding of a person or persons making a review, if the provisions of
.section twelve are included in a local ordinance or by-law, may, within twenty
.days after the filing of the notice of such determination or such finding with
the city or town clerk, appeal to the superior court sitting in equity for the
county in which the city or town is situated. The court shall hear all perti-
nent evidence and shall annul the determination of the commission if it .finds
the decision of the commission to be unsupported by the evidence, or to exceed
the authority of the commission, or may remand the case for further action by
the commission, or make such other decree as justice and equity may require.
The remedy provided by this section shall be exclusive; but the parties shall
have all rights of appeal and exception as in other equity cases. Costs shall,
not be allowed against the commission ,unless it sh1ll ._ear to the court that
the commission acted with gross negligence, 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 determination of the commission .unless it shall appear
to the court that the appellant acted in bad faith or with malice in making
the appeal to the court.
Section 13. The superior court sitting in equity for the county in which
the city or town is situated shall have jurisdiction to enforce the provisions
of this chapter and any ordinance or by-law enacted hereunder and the determin-
ations, rulings and regulations issued pursuant thereto and may, upon the peti-
tion of the mayor or of the board of selectmen or of the commission, restrain
by injunction violations thereof; and, without limitation, such court may or-
der the removal of any building, structure or exterior architectural feature
constructed in violation thereof, or the substantial restoration of any build-
ing, structure or exterior architectural feature altered or demolished in vio-
lation thereof, and may issue such other orders for relief as may be equitable.
Whoever violates any of the provisions of this chapter shall be punished
by a fine of not less than ten dollars nor more than five hundred dollars. Each
day during any portion of which a violation continues to exist shall constitute
a separate offense.
Section 14. If the city council or town meeting so votes a commission es-
tablished hereunder shall have the powers and duties of an historical commission
as provided in section eight D of chapter forty and, in this event, a commission
may be entitled an historical commission.
Section 15. All ordinance or by-laws creating an historic district adopted
by a city or town under authority of this chapter, and under authority of any
special law, unless the special law shall otherwise provide, amendments thereto,
























maps of historic districts created thereunder, and annual reports and other
publications of commissions, and rosters of membership therein, shall be filed
with the Massachusetts historical commission.
Section 16. A city or town in which there is located an historic district
established under a special law may, upon recommendation of the historic dis-
trict commission having jurisdiction over such district, accept the provisions
of this chapter with respect to such district by a two thirds vote of the city
council in a city or by two thirds vote of a town meeting in a town, and there-
after such historic district shall be subject to the provisions of this chapter
notwithstanding the terms of any special act pursuant to which such historic
district was created. The provisions of this chapter shall not impair the val-
idity of an historic district established under any special act.
Section 17. The provisions of this chapter shall be deemed to be severable.
If any of its provisions shall be held to be invalid or unconstitutional by any
court of competent jurisdiction the remaining provisions shall continue in full
force and effect.






















`f
i
` C:
.r.

... .. z
~- ..~. r:
!..z-:i:~ ".. .~ ~
;~-.1"
.-~ '~~b
~'..' '"

e : a

E i 30
.. r 1\:; . ., ': b
..,.
-;c.
~t~2 RC~X m
I :::~ O
h~~~~b~'C r; y.
, ~ ;~h .
Ic. : ~
~ :: r 'e C~ -~-,
iS:' ::
~tp: i ;'b ::-~
,? ~P t
;, S
::: :i :,
*
'"
.r. ...
j
r' 4
~ 1.:
!ic:: ''''`
' r '
i ..
'

i ~:: I
I
~ s!
., . i.
I Z ,I
'r. k
: ?
i3
u r L.p
. x ~7 /....C
~
: .
.II

: ; a = m
( m o.
' m
- f' 9 ,, '1
"..il I
r^


: r d ''
'/ . ~C\..:~

r
t
- L
., . '
~
~d)rPE
'
TO~Cc( ''
;t ~

\
~ ;i r
;: "X














































I. EXISTI VM M f7tC Drs/CT COAW/LED fROM Lr.YMO T
ASSESSORS MAPS II, 19, SO
. hPOMMD MIST7TC STRICT COMED OD PLYmJOUT
ASSESOt MApf M2 2t. LOT MEMBERS ShOWN ON THIS
PLAN ARC OT ASSESSOTS LOT NUrmAS, BUT ARE /F9
THE USE OF TrH NISTOICAL COWWSSVOM


EXIST/NO HISTrwAC DISTrRCT

'' PROPOSEo HSTOM~ DITR/C


APPROVAL UOtR Tti SC'WSAMM
cchrWU LAW #oT wWMouf
DMrTT---- ------
CLERK
PL.WOTH PLAAW W4RO


I CERrY rmr TrMS PLAH WAS mw-
AWMD COAtW MAN TV rAT ACXS
AAW RKLArM OF r7ti MWtMS
O U fs'
CU'1fL


PLYMOUTH HISTORIC DISTRICT

PREPARED FOR

PLYMOUTH HISTORICAL COMMISSION


TOWN OF- PLYMOUTH, MASS.


200


400


OCLANO & KEITH, INC.
- ENlINEES --- UVCYORB --
PLYMO-UT-, MASS.


R/ISTRY US


1000


-I




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - Version 2.9.9 - mvs