Historic District Act


1. There is hereby established an Historic District Commission under the provisions of the “Historic Districts Act”, General Laws, Chapter 40C consisting of seven (7) members and three (3) alternate members, appointed by the Board of Selectmen, including one member, where possible, from two nominees, one of whom shall be submitted by the Massachusetts of State Chapter of American Institute of Architects, and one of whom shall be submitted by the Boston Society of Landscape Architects, and one member, where possible, from two nominees of the board of realtors covering Wareham.  One or more of the foregoing shall be, where possible, a resident of an Historic District established in Wareham pursuant to the Historic Districts Act.  When the Commission is first established, two members shall be appointed for a term of one year, two members shall be appointed for a term of two years, and three shall be appointed in like manner for three years, and their successors shall be appointed in like manner for terms of three years.

When the Commission is first established, one alternate member shall be appointed in like manner for a term of one year, one alternate member shall be appointed for a term of two years, one alternate member shall be appointed for a term of three years, and their successors shall be appointed in like manner for terms of three years.
 
2. There are hereby established two Historic Districts under the Provisions of the Historic Districts Act, General Laws, Chapter 40C, to be know respectively as Center Park District and Parker Mills District, bounded as respectively shown on the plan entitled "Proposed Historical District”, dated January 4, 1971, and drawn by Walter E. Rowley & Associates, Scale 1" equals 100', said plan being on record with Town Clerk.


3. This Historic District Commission shall have all the powers and duties of historic district commissions as provided by the Historic Districts Act, General Laws, Chapter 40C, and of subsequent amendments thereto.

4. The Historic District Commission shall adopt rules and regulations for the conduct of its business not inconsistent with the provisions of the Historic Districts Act, General Laws, Chapter 40C, and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept money gifts and expend same for such purposes.

5. When taking action under the provisions of General Laws, Chapter 40C, Section II, the Historic District Commission shall make a determination within sixty (60) days after the filing of the application for a Certificate of Appropriateness, or such further time as the applicant may in writing allow.  (Article 18 of the April 23 and 24, 1990 {and reconvened on June 11, 1990} Town Meeting; Approved by Attorney General October 1, 1990).

6. In case any section, paragraph or part of this By-Law be for any reason is declared invalid or unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force and effect.  (Article 49 of March 1, 1971 Special Town Meeting; Approved by Attorney General June 23, 1971, and within district map).

1. There is hereby established an additional Historic District in the Town of Wareham under the provisions of the Historic Districts Act, General Laws, Chapter 40C, as amended, to be known as narrows Historic District, a tract of land on both sides of Main Street to include all of the following lots, Wareham Assessors Sheet 47 - 1117, 1119, 1120, 1121, 1122A, 1122B, 1123A, 1123B, 1124, 1125, 1126, 1127, 1128, and 1052; and Sheet 46 - 1003, 1007, 1008, 1019 and W-13; and two portions of Lot 1118, Assessors Sheet 47, one being all that portion between Lots 1117 and 1119 that lies within 115 feet of Main Street and between a line perpendicular to Main Street lying 20 feet northerly of the building known as the Tobey Homes and a line  perpendicular to Main Street lying 20 feet southerly of said Homestead, the other being all that portion between Lots 1120 and 1121 that lies within 240 feet of Main Street.  This tract is bounded as shown on the attached plan entitled “Narrows Historic District”, dated April 22, 1986, said plan being on record with the Town Clerk.

2. The Narrows Historic District shall be administered as part of the duties of the present Historic District Commission, as established by Town By-Law under the provisions of the Historic Districts Act, General Laws, Chapter 40C, as amended.  Except as specified in this By-Law, provision in the By-Law creating the Historic District Commission shall govern its actions in connection with the additional Narrows Historic District.    
 
3. When requested, the Commission may issue a Certificate of Appropriateness on the basis of the fullest available description of the style and appearance of any proposed construction or alteration, contingent upon subsequent receipt of building plans in accord with said description.  When requested to issue a Certificate of Hardship on proposed changes relating to that part of the Narrows Historic District that is within Zoning District Institutional F, the Historic District Commission shall give the fullest consideration to the special medical and financial needs of medical institutions within said district.
 
4. In case any section, paragraph or part of this By-Law for any reason is declared invalid or unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force and effect.  (Article 71 of April 28, 1986 Town Meeting; Approved by Attorney General October 8, 1986, and on the accompanying plan to the extent it is in conformity to the aforesaid vote).