Bylaws Chapters that have been voted as "unchanged"

Megan_Blackwell-7

During its meeting on 25 February, the Committee on Government Regulations acting as the Decennial Review Committee has voted a number of chapters to be unchanged. I will upload those chapters here for review. If anyone has any suggested changes, please comment here, reach out, or attend our next meeting!

Megan_Blackwell-7

Chapter 24 Marijuana (unchanged)

Section 1. Marijuana Cultivation, Manufacture, and Retail Prohibited. [STM Art. 9, 4/30/ 2018]
The operation of any marijuana establishment as defined in M.G.L. Chapter 94G, Section 1, including a marijuana cultivator, marijuana product manufacturer, marijuana retailer or any other type of licensed or registered marijuana-related business, but not including a marijuana testing facility, shall be prohibited in Winchester. This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed or registered pursuant to Chapter 369 of the Acts of 2012.

Megan_Blackwell-7

Chapter 23 Construction (unchanged)

Section 1. Statement of Purpose. [STM Art. 3, 5/7/2018]
The purpose of this Construction Bylaw is to allow the town of Winchester to establish reasonable limitations on the hours of construction in order to lessen the impact of construction on its citizens and their quality of life.
Section 2. Definition. [STM Art. 3, 5/7/2018]
CONSTRUCTION — Means any site or building preparation, erection, grading, excavation, demolition, substantial repair, alteration, or assembly, preparation, or mobilization for any such activity on public or private property, structures, or utilities. “Construction” shall not include work performed by a property owner on his or her own property and not for compensation.
Section 3. Construction Times. [STM Art. 3, 5/7/2018]
Construction, as defined above, shall be conducted only between 7:00 a.m. and 6:00 p.m. weekdays, and 9:00 a.m. and 5:00 p.m. Saturdays. No construction is permitted on Sundays or holidays except where permitted by state law, in which case construction shall be permitted only between 9:00 a.m. and 5:00 p.m.
Section 4. Exceptions.
This bylaw shall not apply in the following circumstances:
4.1. Where an exemption from this bylaw has been allowed by the police department for necessary construction that could not be performed on any other day without serious suffering, loss, damage or public inconvenience. Any such permission shall cover not more than one (1) day and may include reasonable terms and conditions. The police department has sole discretion over the issuance of such permissions. [STM Art. 3, 5/7/2018]
4.2. Construction to address emergencies that require immediate action to prevent or alleviate physical injury to a person(s) or damage or threatened damage to a property(ies), but only to the extent necessary to prevent or alleviate injury or loss. [STM Art. 3, 5/7/2018]
4.3. The restoration of public utilities. [STM Art. 3, 5/7/2018]
4.4. At the town manager’s discretion, construction by the town of Winchester or contractors, employees, or other laborers working on its behalf. [STM Art. 3, 5/7/2018]
Section 5. Penalties and Enforcement. [STM Art. 3, 5/7/2018]
This bylaw shall be enforceable pursuant to M.G.L. Chapter 40, Section 21D, through noncriminal disposition by the building commissioner or any town of Winchester police officer. Any person who violates this bylaw shall be subject to a fine of one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense, and three hundred dollars ($300) for the third and each subsequent offense. Each day in violation shall constitute a new offense.

Megan_Blackwell-7

Chapter 22 PLASTIC BAG REDUCTION (unchanged)

Section 1. Purpose. [STM Art. 2, 4/30/2018 ]
The reduction in the use of disposable plastic bags by retail establishments in the town of Winchester (the “town”) is a public purpose that has positive impacts on the environment, including, but not limited to: reducing solid waste, minimizing litter, and protecting local waterways and wildlife.
The purpose of this bylaw is to protect the town’s unique natural beauty and natural resources by reducing the number of disposable plastic bags provided by all retail establishments in the town by prohibiting, after a reasonable phase-in period, the distribution or sale of disposable, plastic checkout bags and promoting the use of reusable bags.
Section 2. Definitions. [STM Art. 2, 4/30/2018 ]
CHECKOUT BAG — Means a carry-out bag provided by a retail establishment to a customer at the point of sale. “Checkout bags” shall not include:
(a) Bags without handles, whether plastic or not, used to carry loose produce, meat or fish, whether prepackaged or not, bulk foods, or wet items to the point of sale or checkout area of the retail establishment;
(b) Newspaper bags;
(c) Bags without handles that are designed to be placed over articles of clothing on a hanger, such as a dry cleaning bag; or
(d) Paper bags provided by a pharmacy to a customer purchasing a prescription medication.
DISPOSABLE — Means designed to be used once, or only a limited number of times, and then thrown away.
DISPOSABLE, PLASTIC CHECKOUT BAG — Means a checkout bag made predominately of plastic derived from either petroleum, natural gas, or a biologically based source, such as corn or other plant sources, which is less than or equal to 4.0 mils in thickness and is provided to a customer at the point of sale. This includes biodegradable plastic bags, whether commercially compostable or not.
ENFORCEMENT DESIGNEE — Means a town department, official or staff member designated by the town manager to enforce this bylaw.
RECYCLABLE PAPER BAG — Means a paper bag that is one hundred (100) percent recyclable and contains at least forty (40) percent post-consumer recycled content, and displays the words “Recyclable” and “made from [at least] 40% post-consumer recycled content” in a visible manner on the outside of the bag.
RETAIL ESTABLISHMENT — Means any enterprise, whether for- or not-for-profit, including, but not limited to the following: restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, household goods stores and any other enterprise that offers the sale and display of merchandise.
REUSABLE BAG — Means a sewn bag with stitched handles that is specifically designed and manufactured for multiple reuse and that is either (a) made of natural fibers such as cotton or linen; or (b) made of other durable material excluding polyethylene or polyvinyl chloride; and which also meets the following requirements:
(a) Has a minimum lifetime capability of one hundred seventy-five (175) uses; and can carry at least twenty-five (25) pounds;
(b) Is machine washable or is made of a material that can be cleaned or disinfected; and
(c) Has a thickness greater than 4.0 mils.
Section 3. Restrictions on use of Disposable, Plastic Checkout Bags. [STM Art. 2, 4/30/2018 ]
No retail establishment shall provide a disposable, plastic checkout bag to any customer at the point of sale. This shall not preclude any retail establishment from providing or selling reusable bags or recyclable paper bags at the point of sale.
Section 4. Penalties and Enforcement.
4.1. This bylaw may be enforced through the provisions of M.G.L. Chapter 40, Section 21D, which provides for the noncriminal disposition of bylaw violations, pursuant to the requirements of this section. [STM Art. 2, 4/30/2018]
4.2. If it is determined that a violation has occurred, the town manager or the enforcement designee shall issue a warning notice to the retail establishment for a first violation. The warning notice shall provide at least fifteen (15) days to correct the violation. [STM Art. 2, 4/30/2018]
4.3. If, after fifteen (15) days from receipt of the warning notice, the retail establishment is again found to violate this bylaw, the enforcement designee shall issue a notice of violation and shall impose a penalty against the retail establishment. [STM Art. 2, 4/30/2018]
4.4. The penalty for each violation that occurs after the issuance of the warning notice shall be no more than: [STM Art. 2, 4/30/2018]
(a) Fifty dollars ($50) for the first offense
(b) One hundred dollars ($100) for the second offense;
(c) One hundred fifty ($150) for the third and each subsequent offense.
Section 5. Effective Date. [STM Art. 2, 4/30/2018 ]
This bylaw shall take effect on November 1, 2018, for retail establishments with a floor area equal to or exceeding four thousand five hundred (4,500) square feet, and on May 1, 2019, for retail establishments with a floor area of less than four thousand five hundred (4,500) square feet.
Section 6. Waivers. [STM Art. 2, 4/30/2018 ]
In the event that compliance with this bylaw on the effective date is not feasible for a retail establishment because of economic hardship, the town manager or the enforcement designee may, upon application of an authorized representative of the retail establishment, grant a waiver permitting the retail establishment to defer compliance with this bylaw for not more than six (6) months. A deferment application must include all information necessary for the reviewing entity to make its decision, including, but not limited to, documentation showing the factual support for the requested deferment.
Section 7. Severability. [STM Art. 2, 4/30/2018]
If any provision of this bylaw shall be declared invalid, the remainder shall continue in full force and effect.

Megan_Blackwell-7

Chapter 21
SOLICITATION AND CANVASSING (unchanged)

Section 1. Statement of Purpose. [FTM Art. 17, 11/9/2017]
This bylaw establishes registration requirements for persons intending to engage in door-to-door solicitation or canvassing in the town of Winchester in order to (a) protect the citizenry from disruption of peaceful enjoyment of their residences and from the perpetration of fraud or criminal activity; and (b) to allow for reasonable access to residents in their homes by persons or organizations who wish to communicate commercial messages. The bylaw attempts to achieve a balance between the right of free speech and the right of privacy. It does not apply to nonprofit, charitable, benevolent, political or religious activities, or any other noncommercial activities entitled to protection under the First Amendment to the United States Constitution.
Section 2. Definitions. [FTM Art. 17, 11/9/2017]
CHIEF OF POLICE — Means either the Winchester chief of police or his designee.
RESIDENTIAL PROPERTY — Means any property in residential use within the meaning of the town of Winchester Zoning Bylaw, including without limitation an individual dwelling unit.
SOLICITATION OR CANVASSING — Means traveling by foot, motor vehicle or any type of conveyance, from place to place, from house to house, or from street to street, for salary, commission or other remuneration, whether on behalf of oneself or on behalf of another person, for-profit firm, corporation or entity and:
(a) Selling, leasing or taking orders for the sale of any goods, wares, merchandise or services whatsoever, including without limitation books, periodicals, food, and home improvement services, or attempting to so sell, lease or take orders, whether or not advance payment on such sales is collected; or
(b) Seeking or requesting donations of money, goods or services for any for-profit entity.
Section 3. Requirements.
3.1. No person(s) shall engage in solicitation or canvassing in or upon any residential property in the town of Winchester without first receiving a registration certificate from the chief of police as required by this chapter. Immediately upon gaining access to any residential property, each solicitor or canvasser must do the following: [FTM Art. 17, 11/9/2017]
(a) Inform the occupant that the solicitor or canvasser has registered with the town, show the occupant the registration certificate and make it available for inspection; and
(b) Inform the occupant of the nature and purpose of the solicitor’s or canvasser’s business and, if the solicitor or canvasser is representing an organization, the name of that organization.
3.2. Persons engaged in solicitation or canvassing shall carry such registration certificate while so engaged and shall produce such certificate upon the request of a police officer of the town of Winchester. [FTM Art. 17, 11/9/2017]
Each person engaged in solicitation or canvassing in or upon any residential premises shall immediately and peacefully leave such premises upon the request of any occupant.
No person shall engage in solicitation or canvassing in or upon any residential property upon which is displayed a sign prohibiting trespassing, solicitation or canvassing.
No person engaging in solicitation or canvassing shall misrepresent in any way the solicitor’s or canvasser’s true objective, status or mission or that of any organization on behalf of which the solicitor or canvasser is so engaged.
Persons engaging in solicitation or canvassing shall comply with all federal, state and local laws and regulations, including, but not limited to, consumer protection laws such as General Laws Chapters 93, 93A and 255D.
Section 4. Registration.
4.1. Persons seeking registration certificates in accordance with this bylaw shall apply in person at the Winchester police department between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday. Applicants shall be required to fill out an application form provided by the town, signed under penalties of perjury. Applicants must submit the required fee along with the form. [FTM Art. 17, 11/ 9/2017]
4.2. The form shall require that each applicant shall provide the following information: [FTM Art. 17, 11/9/2017]
(a) Personal information, applicant’s full name, residential address and phone numbers, date of birth, and valid driver’s license or other government-issued photo identification.
(b) Business information, business name and phone number, description of the nature of the business and the goods or services to be sold, length of time for which applicant seeks to conduct business in the town of Winchester.
(c) Vehicle information. If applicant will be travelling through the town of Winchester by motor vehicle while soliciting or canvassing, applicant must present the vehicle’s current and valid registration.
4.3. Fee.
Upon filing such application each applicant shall pay a nonrefundable filing fee in the amount of twenty-five dollars ($25) per applicant. [FTM Art. 17, 11/9/2017]
Section 5. Requirements for Issuance.
5.1. The chief of police shall refuse to register an individual whose registration certificate has been revoked for violation of this bylaw within the previous seven (7) year period or for failure to include all of the required information requested on the application. If the applicant or the organization on whose behalf the applicant intends to solicit is listed with the Better Business Bureau, the police department may check the or organization’s rating on the Better Business Bureau’s website, www.bbb.org, and if the rating is C- or below, the application shall be denied. [FTM Art. 17, 11/9/ 2017 ]
5.2. The chief of police shall conduct a routine criminal background check on all applicants: [FTM Art. 17, 11/9/2017 ]
(a) All applicants must give written permission for the background check to be conducted using the state’s Criminal Offender Records Information (CORI) and Sex Offender Records Information (SORI) database.
(b) Grounds for denial of the registration certificate shall include, but are not limited to, the following:
• A conviction in any state or federal court of the United States or any court of a territory of the United States for any of the following named offenses committed within seven (7) year prior to the date of such application: burglary, breaking and entering, larceny, robbery, receiving stolen property, assault, fraud, sexual misconduct as specified in General Laws Chapter 265, Sections 13B and 22 through 24, and Chapter 272, Section 53, unlawfully carrying weapons, or the attempt of any such offense;
• The failure to include any of the information requested in the application including a background check.
5.3. Within ten (10) business days of the filing of a complete application, the chief of police shall either: approve such application and cause the certificate of registration to be issued; or deny such application, stating in writing the reason(s) for such denial. If the chief of police fails to so act within ten (10) business days, the applicant may appeal to the select board. If applicant does not receive a response by the chief of police or the select board within thirty (30) days of submitting a complete application, said application shall be considered approved and the chief of police shall provide a registration certificate to the applicant. [FTM Art. 17, 11/9/2017]
Section 6. Contents of Certificate. [FTM Art. 17, 11/9/2017]
Each certificate of registration shall contain the signature of chief of police and shall show the name, address and photograph of the holder of said certificate, the date of issue, the description of the certificate holder’s business provided pursuant to Section 4.2(b), and a registration number.
Section 7. Expiration of Certificate. [FTM Art. 17, 11/9/2017]
Each certificate of registration issued pursuant to this bylaw shall expire one (1) year from date of issue.
Section 8. Transfer of Certificate. [FTM Art. 17, 11/9/2017]
No certificate of registration may be transferred to any other person or entity.
Section 9. Revocation of Certificate. [FTM Art. 17, 11/9/2017]
The chief of police may revoke the certificate of registration of any solicitor or canvasser for violation of any provision of law, including this bylaw, or for providing false information on the application.
Section 10. Appeal. [FTM Art. 17, 11/9/2017 ]
Any applicant aggrieved by the action of the chief of police in denying such application or in revoking such certificate of registration may appeal in writing to the select board within seven (7) days of the action complained of by filing such appeal with the town clerk. The select board shall hold a hearing and render a decision within thirty (30) days of the date the town clerk receives the appeal. If the select board fails to render a decision within thirty (30) days, the town manager may render a decision within seven (7) days after the expiration of the appeal period with the select board.
Section 11. Duties of Police Department. [FTM Art. 17, 11/9/2017 ]
The police department shall keep a record of all certificates of registration, including registration numbers, and application thereof for a period of seven (7) years after application.
Section 12. Exceptions. [FTM Art. 17, 11/9/2017]
The provisions of this bylaw shall not apply to the following persons:
(a) Any person employed in the sale or delivery of newspapers pursuant to Massachusetts General Laws Chapter 149, Section 69.
(b) Any officer or employee of the town, county, state or federal government on official business, or any other person soliciting or canvassing on behalf of any such entity, including, without limitation, a public school or a program or department thereof.
(c) Any route salesperson or other person having established customers making periodic deliveries to such customers including, but not limited to, a news carrier, dairy delivery person, and a person acting on behalf of “farmshare” or “community supported agriculture” enterprises.
(d) Any person involved in the dissemination of political or religious materials or speech or any other noncommercial activity protected by the United States or Massachusetts Constitutions.
(e) Any person soliciting or canvassing on or behalf of any charitable, benevolent, political or religious organization, including, without limitation, an organization organized pursuant to M.G.L. Chapter 180, Section 4.
(f) Anyone eighteen (18) years of age or younger.
(g) Any person or entity distributing leave-behind literature at residential properties and not conducting face-to-face solicitations.
Section 13. Severability. [FTM Art. 17, 11/9/2017 ]
If any provision of this bylaw shall be declared invalid, the remainder shall continue in full force and effect.
Section 14. Penalty. [FTM Art. 17, 11/9/2017 ]
This bylaw may be enforced through the provisions of General Laws Chapter 40, Section 21D, which provides for the noncriminal disposition of bylaws violations. A violation of this chapter shall be punishable by a fine of one hundred dollars ($100) for the first offense; two hundred dollars ($200) for the second offense; and three hundred dollars ($300) for each subsequent offense. The enforcing person shall be the chief of police.

Megan_Blackwell-7

Chapter 19 Heritage Districts (unchanged)

Section 1. General Heritage District Provisions.
1.1. Title and Authority.

This Chapter 19 shall be known as the Winchester heritage districts bylaw. This chapter is adopted as a general bylaw of the town of Winchester under the authority of the Home Rule Amendment of the Constitution of the Commonwealth of Massachusetts. [STM Art. 2, 4/30/ 2015]
1.2. Purposes.

The purposes of this section are to: [STM Art. 2, 4/30/2015]
(a) Enable the establishment of heritage districts in the town of Winchester;
(b) Preserve and protect buildings, structures, settings, and sites that have historical, architectural, or cultural significance to a heritage district or to the town of Winchester;
(c) Without violating the purpose in Section 1.2(b), permit the improvement of buildings, structures, settings and sites;
(d) Prior to work proceeding on a project involving a change that includes at least one (1) reviewable element, require review and approval by the relevant heritage district commission of the appropriateness of the reviewable elements of the change;
(e) Designate excluded elements applicable to all heritage districts and provide for the designation of additional excluded elements in each heritage district in a new or amended section of this chapter adopted to establish or amend a particular heritage district;
(f) Provide review standards for the review and approval process, some of which may be unique to a particular heritage district; and
(g) Promote the public welfare by preserving and enhancing the heritage districts and the town of Winchester as desirable and attractive places to live, work, engage in business, and participate in public activities.
1.3. Definitions.

As used in this chapter, each of the following terms shall have the indicated meaning: [FTM Art. 14, 11/9/2017; STM Art. 2, 4/30/2015]
ADDITION — Means an increase in the aggregate floor area, number of floors, height, or volume of a building or structure, or an increase in the size or scope of a setting or site.
ALTERATION — Means a modification of all or part of an existing heritage district feature.
BUILDING — Means a combination of materials forming a covered shelter in a heritage district for one (1) or more people or animals or property, whether or not enclosed and whether or not having a permanent foundation.
CERTIFICATE DECISION (OR SIMPLY DECISION) — Means a decision by vote of

a heritage district commission on whether to issue a certificate of appropriateness or a certificate of exclusion, or of the Winchester historical commission on whether to issue a certificate of hardship under Section 1.5.
CERTIFICATE OF APPROPRIATENESS — Means a certificate issued by a heritage district commission, after a review and a certificate decision, stating that the reviewable elements of a project proposal have been determined to be appropriate under the review standards.
CERTIFICATE OF EXCLUSION — Means a certificate issued by a heritage district commission, after a review and a certificate decision, stating that specified elements of a project proposal have been determined to be excluded elements.
CHANGE — Means any addition, alteration, demolition, or new construction.
DEMOLITION — Means any act of pulling down, destroying, removing, or razing all or part of any heritage district feature, or commencing or continuing any such act.
EXCLUDED ELEMENT — Means a part, portion, or component of a change that, under this section or any new or amended section of this chapter adopted to establish or amend a particular heritage district, or under a certificate of exclusion issued by the relevant heritage district commission, is not subject to review or approval by a heritage district commission.
HERITAGE DISTRICT — Means one (1) or more properties in the town of Winchester that are established as a heritage district in accordance with this section. Properties included in a heritage district need not have historical, architectural, or cultural significance.
HERITAGE DISTRICT AMENDMENT PROPOSAL — Means a proposal to the town meeting to add or amend provisions in this chapter applicable specifically to an existing heritage district, but excluding a property addition proposal.
HERITAGE DISTRICT COMMISSION — Means the body appointed in accordance with this chapter to exercise the powers and authority granted under this chapter with respect to a heritage district.
HERITAGE DISTRICT FEATURE — Means a building, structure, setting, or site.
NEW CONSTRUCTION — Means construction, fabrication, assembly, manufacture, or placement of a heritage district feature that has never before been present.
NEW HERITAGE DISTRICT PROPOSAL — Means a proposal to the town meeting to include in this chapter a new heritage district in accordance with this section of this chapter.
NONREMEDIATION DETERMINATION — Means a determination by vote of a heritage district commission that an infestation or environmental hazard cannot in any way be remediated or that the cost of remediation would represent an unreasonably large proportion of the value that a heritage district feature that is the subject of the infestation or environmental hazard would have after the remediation.
PROJECT PROPOSAL — Means a written description of a proposed change in sufficient detail to enable a heritage district commission to conduct a review and to make a certificate decision. The project proposal shall refer to every part, portion, or component of the proposed change without regard to whether they may be considered to be excluded elements. The written description shall not be deemed to be in sufficient detail and may be rejected unless

and until it has been determined to satisfy the reasonable requirements of the heritage district commission.
PROPERTY ADDITION PROPOSAL — Means a proposal to the town meeting solely to add one (1) or more properties to an existing heritage district.
REGULATION — Means a rule of a heritage district commission that governs procedural or substantive aspects of its activities and is adopted after a public hearing.
REVIEW — Means study and evaluation by a heritage commission under the applicable review standards of the reviewable elements of a project proposal.
REVIEW STANDARDS — Means criteria for review set forth in this chapter, including any new or amended section of this chapter adopted to establish or amend a particular heritage district, or other criteria not in conflict with the criteria set forth in this chapter and that are adopted by the heritage district commission for a particular heritage district after a public hearing.
REVIEWABLE ELEMENT — Means a part, portion, or component of any change that is not an excluded element.
SETTING — Means visible elements of the environment, milieu, and surroundings in a heritage district of one (1) or more of the buildings, structures, or sites that contribute to the character, design, atmosphere, or appeal of the heritage district, or to the historical, architectural, or cultural characteristics of one (1) or more parts of the heritage district. The visible elements may include topography, siting, massing, orientation, layout, extent and uniformity of setbacks along public ways, extent and uniformity of front yards, extent and uniformity of side yards, extent and uniformity of rear yards, scenery, landscape, public ways, roads, sidewalks, or bodies of water.
SITE — Means all or part of an area, park, landscape, open space, field, forest, body of water, or other place, in each case in a heritage district.
STRUCTURE — Means a construction, fabrication, assembly, or manufacture in a heritage district, other than a building.
VIOLATION — Means (1) making (or beginning or continuing to make) a change other than a change that (i) is expressly permitted under any section of this chapter to be made without a project proposal and a certificate decision, (ii) is reflected in, and conforms to the change described in, a project proposal that was the basis of a certificate decision and is, at the time of making the change, covered by a valid unexpired certificate of exclusion, certificate of hardship, or certificate of appropriateness that resulted from the certificate decision, or (2) neglecting or refusing (or continuing a course of neglect or refusal) to repair a condition of decay or deterioration to the extent that all or part of a heritage district feature that is the subject of the condition of decay or deterioration (i) must be (or will, if the course of neglect or refusal continues, need to be) demolished under an order issued under Section 1.12, or (ii) is proposed for demolition as part of a project proposal based on the result of the neglect or refusal or course of neglect or refusal.
VIOLATION DETERMINATION — Means a determination by vote of a heritage district commission as to whether a violation has occurred.

1.4. Establishing New Heritage Districts, Amending Existing Heritage Districts, and Adding Properties to an Existing Heritage District.

[FTM Art. 14, 11/9/2017; STM Art. 2, 4/30/2015]
(a) Majority Vote of Town Meeting.

One (1) or more new heritage districts may be established (based on a new heritage district proposal), provisions of this chapter specifically related to an existing heritage district may be added or amended (based on a historic district amendment proposal), and properties may be added to an existing heritage district (based on a property addition proposal), in each case by a majority vote of the town meeting to approve such a proposal.
(b) New Heritage District Proposal.

A new heritage district proposal may be filed by a governmental body of the town of Winchester or an owner or owners of property in a proposed new heritage district with the Winchester town planner or the Winchester town manager (in the absence of the town planner), and shall include (1) a proposed new or amended section of this chapter specifically applicable to the proposed new heritage district and (2) a list of suggested members of the heritage district commission for the proposed new heritage district.
No formal heritage district proposal shall be required for any heritage district that is established by the town meeting at which this section is adopted or by a subsequent town meeting if the heritage district had been previously presented to the town meeting at which this section was adopted.
A proposed new or amended section of this chapter in a new heritage district proposal shall include (1) a map showing the geographic boundaries of the proposed new heritage district and the properties to be included in the proposed new heritage district, (2) a list of the properties to be included in the proposed new heritage district, (3) a description of the historical, architectural, and cultural characteristics of the proposed new heritage district and the heritage district features to be included, (4) a list of any categories of excluded elements that are in addition to the categories set forth in this section, (5) any review standards that are in addition to review standards of this section, (6) any procedures for the conduct of the business of the heritage district commission for the proposed new heritage district, and (7) a name for the proposed new heritage district.
(c) Heritage District Amendment Proposal.

A heritage district amendment proposal may be filed by a governmental body of the town of Winchester or an owner or owners of property in an existing heritage district with the Winchester town planner or the Winchester town manager (in the absence of the town planner), and shall include a proposed new or amended section of this chapter specifically applicable to the existing heritage district.

(d) Property Addition Proposal.

A property addition proposal may be filed by a governmental body of the town of Winchester, or an owner or owners of property in an existing heritage district with the Winchester town planner or the Winchester town manager (in the absence of the town planner), and shall include (1) a map showing the geographic boundaries of the existing heritage district including the properties proposed to be added to the existing heritage district, and (2) a list of the properties proposed to be added to the existing heritage district.
(e) Heritage District Commission.

Each heritage district commission shall have seven (7) members. The members of the heritage district commission shall be classified into three (3) classes of as equal size as possible and appointed respectively for staggered three (3) year terms, except that the appointments of the classes of initial members shall be for one (1) year, two (2) year, and three (3) year terms respectively.
Within forty-five (45) days after the effective date of the establishment of a heritage district by the town meeting, the Winchester planning board shall appoint four (4) members, the Winchester historical commission shall designate two (2) representatives to be members of the heritage district commission, and the Winchester design review committee shall designate one (1) representative to be a member of the heritage district commission for the heritage district.
Of the members to be appointed by the planning board, three (3) members shall be owners of properties in the heritage district and a fourth member shall be a resident of Winchester who, if possible, has professional experience related to architectural or historic preservation. If, after reasonable efforts to find such a candidate, a willing candidate meeting the requirement for professional experience related to architectural or historic preservation cannot be identified, a candidate having other relevant experience or qualifications may be considered and appointed.
Each member of a heritage district commission shall serve until the end of his or her term and thereafter until his or her replacement is appointed. The term of a member of a heritage district commission shall expire if and when the member (1) resigns, (2) no longer meets the qualifications associated with his or her seat, (3) is removed by a two-thirds (2/3) vote of all of the sitting members of the appropriate board or committee that appointed or designated the member, or (4) fails to attend seven (7) consecutive meetings of the heritage district commission.
When a member’s term expires, the board or committee (as designated above), as the case may be, shall promptly appoint or designate a replacement member who satisfies the same membership requirements and belongs to the same class of alternate members as the person being replaced.
At any meeting of a heritage district commission, the presence of a majority of members shall be required for a quorum for the transaction of business. To be effective, a vote by the heritage district commission on any matter, including a certificate decision, violation

determination, or nonremediation determination, shall require the vote of a majority of the members whose presence at the meeting constituted the quorum. Each decision or determination shall include a statement of the reasons for the decision or determination based on the applicable review standards and regulations.
The heritage district commissions for two (2) or more heritage districts may include any number of the same members.
(f) Recording of Map.

When a heritage district has been established or amended, a map identifying the geographic boundaries of and the properties included in the heritage district shall be recorded promptly in the registry of deeds of Middlesex County in such a way, if possible, that a search in the registry on any property within the district will locate the map.
(g) Public Notice, Individual Notice, and Public Meetings for New Heritage District Proposals or Heritage District Amendment Proposals, and Property Addition
Proposals.

(1) Public notice of a new heritage district proposal or a heritage district amendment proposal shall be given by publication within ten (10) days after the new heritage district proposal or a heritage district amendment proposal has been filed with the town planner or town manager, and no later than forty-five (45) days before the closing of the warrant for the town meeting at which such proposal is to be considered. Publication shall be arranged by the town planner in a newspaper of general circulation in the town of Winchester once in each of two (2) successive weeks, one (1) of which shall occur within the ten (10) days provided in the preceding sentence. Public notice of the new heritage district proposal or the heritage district amendment proposal shall also be posted in the normal manner specified by the town clerk from time to time. If the publication is not made within ten (10) days after the filing of the proposal with the town planner or town manager or is not made at least forty-five (45) days before the closing of the warrant for the town meeting, the proposal shall not be included in the warrant and shall not be voted on at that town meeting.
(2) Individual notice of a new heritage district proposal or a heritage district amendment proposal shall be given to the owners of properties proposed to be included in the new heritage district contemplated by such new heritage district proposal or the properties in the existing heritage district that is the subject of the heritage district amendment proposal, as the case may be, at least forty-five (45) days before the closing of the warrant for the town meeting. The individual notice with respect to a new heritage district proposal shall include a quotation of Section 1.4(h). Such individual notice shall be given by:
(a) Hand delivery of the notice with a copy of the new heritage district proposal or the heritage district amendment proposal to the properties proposed to be included in the new heritage district or the properties in the existing heritage

district, as the case may be (if physically possible), and
(b) Mailing by the town planner, by registered mail return receipt, with respect to each property proposed to be included in the new heritage district or the properties in the existing heritage district, as the case may be, to the person or entity and to the address that are listed in the Winchester tax assessment records for the property as of the date of the notice.

In addition, the delivery of the individual notice may be made in the manner provided for service of a summons in civil actions in Massachusetts under Massachusetts Civil Procedure Rule 4(d)(1) through 4(d)(6) or any successor rule
for service of summons.
Notwithstanding the preceding paragraphs of this section, no public notice or individual notice of a new heritage district proposal shall be required if the consent in accordance with Section 1.4(h) has been provided with respect to each property
proposed to be included in the new heritage district contemplated by the new heritage district proposal.
(3) The historical commission shall hold a public meeting on a new heritage district proposal or a heritage district amendment proposal or a property addition proposal that would increase the number of properties in a heritage district by more than twenty-five (25) percent; the public meeting shall be held prior to the closing of the warrant.
(h) Consent to Inclusion of Property Required.

No property that is listed in a new heritage district proposal as proposed to be included in the new heritage district and no property that is listed in a property addition proposal shall be included in the new heritage district or added to the existing heritage district unless, at least five (5) days (and no more than six (6) months) before the closing of the town meeting warrant that includes an article to approve the new heritage district proposal or the property addition proposal, an owner of the property or a duly authorized representative of an owner of the property, identified on the records of the Winchester tax assessor as of the date of the notice provided above, has confirmed that the property is to be included in the new heritage district or added to the existing heritage district, as the case may be, by:
(1) Signing the petition to include the article on the warrant for the town meeting; or
(2) Signing another writing filed with the town planner or the Winchester town manager (in the absence of the town planner).

In either case of subsection (h)(1) or (h)(2) of this section, the owner or representative must state that he or she is an owner of the property or a duly authorized representative of an owner of the property and that the property is to be included in the new heritage district or added to the existing heritage district, as the case may be. The property identified in the notice shall then be included in the bylaw and map in the warrant article for the proposed new heritage district or for the addition of the property to the existing heritage district. The other signed writing referred to in subsection (b) of this section may be of any form that meets the stated requirements including, for example, a form provided by the town planner for purposes of this subsection.
(i) Records.

The heritage district commission shall maintain or cause to be maintained with the town planner a publicly available record of each project proposal, certificate decision, violation determination, and nonremediation determination and a copy of each such proposal, decision, and determination shall be provided to the town planner and the building inspector.
(j) Warrant Article.

No provision of this chapter shall be construed to alter or expand the parties who may request articles concerning heritage districts to be placed on warrants of the town meeting as identified in Section 2-12(a) of the Home Rule Charter of the town of Winchester.
1.5. Review Required.

Except as otherwise permitted by any section of this chapter (including as permitted by the provisions of any section of any new or amended section of this chapter adopted to establish or amend a particular heritage district), no change may be made unless the heritage district commission shall have first reviewed a project proposal with respect to such change, held a public hearing, and issued a certificate of exclusion or a certificate of appropriateness or unless, after a certificate decision of the heritage district commission not to issue a certificate of exclusion or a certificate of appropriateness, the historical commission shall have reviewed the project proposal and detailed evidence of the hardship, held a public hearing, and issued a certificate of hardship stating that a hardship, as specifically defined in a section of this chapter that applies to a particular heritage district, exists with respect to a project proposal and that the project proposal will not represent a significant detriment to the heritage district. If the heritage district commission fails to act on a certificate decision within forty-five (45) days after receiving a project proposal, a certificate of appropriateness shall automatically be deemed to have been issued at midnight on the forty-fifth (45th) day.
[STM Art. 2, 4/30/2015]
The certificate decision of the heritage district commission or of the historical commission on a project proposal shall include a detailed statement of the reasons for the certificate decision in view of the review standards, or in view of the definition of hardship set forth in a section of this chapter that is applicable to a particular heritage district in the case of a certificate

decision of the Winchester historical commission to issue a certificate of hardship.
No building permit or demolition permit may be issued for any change unless (a) every part, portion, and component of the change is an excluded element, or (b) the change has been the subject of a project proposal and (1) an applicable certificate of exclusion, certificate of hardship, or certificate of appropriateness has been issued and remains valid and unexpired or an applicable certificate of appropriateness has been deemed to have been issued under the preceding paragraph of this section and remains valid and unexpired and (2) no appeal has been taken under Section 1.13, or, if an appeal has been taken, the appeal has been finally decided and there remains no further right of appeal.
1.6. Review Standards.

In making a certificate decision on a certificate of appropriateness with respect to a project proposal, the heritage district commission shall determine whether the reviewable elements of the project proposal are appropriate based on (a) the historical, architectural, or cultural characteristics, and significance to the applicable heritage district or to the town of Winchester of (1) each heritage district feature that is subject to the change, and (2) other existing heritage district features within the heritage district, (b) the character (including particular features that contribute to the character) of the heritage district, (c) the nature of the reviewable elements including their general design, arrangement, texture, and material, and the relationship of the reviewable elements to similar elements of other heritage district features in the heritage district, (d) in addition to (a), (b), and (c), for new construction, the size and shape of the new construction in relation to the size, shape, and topography of the property to which the heritage district feature belongs and to other heritage district features in the heritage district, and (e) any review standards applicable to the heritage district, including any in the section of this chapter (as it may be amended from time to time) that applies to the heritage district. [STM Art. 2, 4/30/2015]
1.7. Excluded Elements for All Heritage Districts.

The following are excluded elements that shall not be subject to review by a heritage district commission: [STM Art. 2, 4/30/2015]
(a) Anything that is inside a building or structure;
(b) Any part of a heritage district feature that cannot be seen from any public way and would not be seen from any public way in the absence of any fence, wall, hedge, or temporary structure that is situated between the public way and the heritage district feature;
(c) Ordinary maintenance, repair, or replacement not involving a substantial change in outward appearance;
(d) Color of paint, roof, siding, or foundation, or color of any other element of a heritage district feature;
(e) Storm doors and storm windows, screens, window air conditioners, gutters, downspouts, mailboxes, lighting fixtures, and historical markers;

(f) Reconstruction of all or part of a heritage district feature that has been damaged by fire, wind, flood, storm, or other sudden natural disaster or event, if the reconstruction does not involve a substantial change in outward appearance compared to the heritage district feature prior to the damage;
(g) Temporary structures, including tents, construction shanties, or similarly portable or demountable structures used continuously for no longer than one (1) year;
(h) Signs that otherwise are not prohibited by law;
(i) Any element that is under the control of any public utility or the town of Winchester under an easement or right-of-way that encumbers all or any part of a property within a heritage district.
1.8. Infestation or Environmental Hazard.

The presence of mold, asbestos, radon, blown-in insulation, or insect or other infestation or environmental hazard shall not be considered in making a certificate decision on a certificate of appropriateness or a certificate of hardship for a project proposal that includes a demolition unless an independent review, at the cost of the property owner who filed the project proposal and performed under the supervision of the historical commission, results in a nonremediation determination favorable to the property owner. [STM Art. 2, 4/30/2015]
1.9. Grandfathered Projects.

No provision of this chapter or an amendment to this chapter shall be construed to affect the right of a property owner to continue with a project involving a change covered by valid unexpired applicable required building permits, zoning-related permits, or other municipal approvals duly issued prior to the date of adoption by the town meeting of this chapter or an amendment to this chapter, as the case may be. [STM Art. 2, 4/30/2015]
1.10. Expiration of Certificates.

Each certificate of appropriateness issued by a heritage district commission and each certificate of hardship issued by the historical commission shall expire eighteen (18) months after the later of the date when the certificate is issued and the date when any appeal that is taken under Section 1.13 has been finally decided and there remains no further right of appeal. The heritage district commission may grant one (1) extension of six (6) months upon request made prior to the expiration of the eighteen (18) months by any owner of an affected property as of the time of the request. [STM Art. 2, 4/30/2015]
1.11. Violations; Remedies.

Owners of two (2) or more properties in the town of Winchester or two (2) or more members of a heritage district commission who are aggrieved by or aware of a violation in the heritage district may petition the heritage district commission for a violation determination. Within thirty (30) days after receiving the petition, the heritage district commission shall make a violation determination.

[STM Art. 2, 4/30/2015]
If there is a violation determination that a violation has occurred , then (a) the party or parties responsible for the violation shall immediately halt and immediately take all necessary action to cure or remedy the violation, (b) any existing applicable certificate of exclusion, certificate of appropriateness, certificate of hardship, building permit, or demolition permit shall be revoked immediately, and (c) no such certificate or permit shall be issued until the violation is corrected or otherwise resolved to the satisfaction of the heritage district commission in a manner consistent with the purposes of this chapter.
Any party aggrieved by a failure of a party or parties responsible for a violation to halt and take all necessary action to cure or remedy the violation immediately upon the heritage district commission making a violation determination that a violation has occurred may bring an action against such party or parties in the superior court of Middlesex County, or another court of competent jurisdiction under the Massachusetts General Laws.
1.12. Demolition for Public Safety.

No provision of this chapter shall be construed to prevent demolition of a heritage district feature under an order of any governmental body of competent authority, based on an explicit determination by the body that the demolition is required to prevent a clear, demonstrated, imminent hazard to public safety. [STM Art. 2, 4/30/2015]
1.13. Appeals.

Any party aggrieved by (a) a certificate decision, (b) a violation determination, or (c) a nonremediation determination of the heritage district commission or the historical commission may file an appeal to the planning board within twenty (20) days after the decision has been issued or the determination has been made. The planning board shall, within forty-five (45) days after the appeal is filed, either sustain or reverse the decision or determination and shall state detailed reasons for its decision based on the applicable standards provided in this chapter. The decision of the planning board shall be filed with the building inspector, the town planner, the town clerk, the historical commission, and the heritage district commission within twenty (20) days after the close of the planning board’s public hearing with respect to the matter. The decision of the planning board may be appealed by the losing party, within twenty (20) days after the decision is filed with the heritage district commission, to the Superior Court of Middlesex County or another court of competent jurisdiction under the Massachusetts General Laws. [STM Art. 5, 4/24/2017; STM Art. 2, 4/30/2015]
1.14. Severability and Other Laws.

If any portion of this chapter shall be held to be invalid, unenforceable, or unconstitutional, the remainder of this chapter shall continue to be in effect, valid, and enforceable. No provision of this chapter shall be construed as repealing, modifying, or superseding any existing chapter or regulation of the town of Winchester, but the provision shall be construed to apply in addition to the existing chapter or regulation. To the extent that any provision of this chapter is more restrictive than an applicable provision of another chapter, regulation, or

statute, the more restrictive provision of this chapter shall apply. [STM Art. 2, 4/30/2015]
Section 2. Rangeley Park Heritage District.
2.1. Title and Authority.

This section of this chapter is adopted under the Winchester heritage districts bylaw to establish a Rangeley Park heritage district. This section of this chapter is adopted as a general bylaw of the town of Winchester under the authority of the Home Rule Amendment of the Constitution of the Commonwealth of Massachusetts. [STM Art. 2, 4/30/2015]
2.2. Purposes.

The purposes of this section of this chapter, in conjunction with the purposes set forth in Section 1 of this chapter, are to: [STM Art. 2, 4/30/2015]
(a) Preserve and protect Rangeley district features that have historical, architectural, or cultural significance to the Rangeley Park heritage district or to the town of Winchester;
(b) Limit the detrimental effect of changes on the historical, architectural, or cultural characteristics of the Rangeley Park heritage district;
(c) Without violating the purposes in subsections (a) and (b) of this section, permit the improvement of Rangeley district features;
(d) Specify additional excluded elements applicable to the Rangeley Park heritage district as referred to in Section 1.3;
(e) Specify additional review standards applicable to the Rangeley Park heritage district as referred to in Section 1.3.
2.3. Definitions; Conflict and Inconsistencies between Section 1 and Section 2 of this
Chapter 19.

The Rangeley Park heritage district is a heritage district as referred to in Section 1 of this chapter. The definitions set forth in Section 1 of this chapter shall apply to this section as it may be amended from time to time; provided, that for purposes of the interpretation, operation, administration, and enforcement of this section, in the event of any conflict or inconsistency between the definitions set forth in Section 1 of this chapter and the definitions set forth in this section, the definitions set forth in this section shall control. In addition, as used in and with respect to the application of this section, each of the following terms shall have the indicated meaning: [STM Art. 2, 4/30/2015]
HOUSE — Means a building for human habitation.
LOT BOUNDARY — Means a boundary of a lot other than a boundary defined by or along a road.
NEW INTERVENING BUILDING — Means a house or other building that is proposed to be built on a lot and is within a prominent yard of an existing house or is within what was a prominent yard of an existing house prior to a reorientation of the existing house.

NONPROMINENT FAÇADE — Means a façade, including a rear façade, other than a prominent façade.
ORIGINAL RANGELEY PARK — Means a residential park comprising approximately twenty-five (25) acres owned by David Nelson Skillings and his descendants, including E.D. and Georgiana Skillings Bangs, and as shown on the 1889 G. H. Walker Atlas of Middlesex County map of Winchester, a copy of which is available in the archive of the town of Winchester.
PROMINENT FAÇADE — Means each elevation of a house that is identified on the map in Appendix A of this section as a prominent façade. A house may have more than one (1) prominent façade. In determining whether an elevation of a house is a prominent façade, relevant considerations shall include: (1) the elevation that overlooks the road associated with the post office address of the house, (2) the orientations of the elevations of the house when the house was built, (3) the elevation that includes the most formal entrance to the house,
(4) the elevation or elevations that are typically reached by a pedestrian who approaches the house from the most prominent adjacent road, and (5) the degree of visibility of the elevation from a road.
PROMINENT FAÇADE LINE — Means a line that runs along a prominent façade of a house at ground level and extends across the lot to which the house belongs, parallel to the center of the road or, if the prominent façade does not overlook a road, then to the lot boundary that the prominent façade overlooks.
PROMINENT YARD — Means the space between a prominent façade line and the road that a prominent façade overlooks or, if the prominent façade does not overlook a road, then the lot boundary that the prominent façade overlooks. A prominent yard includes space that is within the lot on which the house is situated and, if another lot exists between a prominent façade and the road that the prominent façade overlooks or between a prominent façade and the lot boundary that the prominent façade overlooks, then the space that is within the other lot is also part of the prominent yard. A house may have more than one (1) prominent yard.
RANGELEY PARK HERITAGE DISTRICT (OR RANGELEY DISTRICT) — Means the
heritage district established by this section (as it may be amended from time to time) and administered under this chapter, which includes the Rangeley Park heritage district lots and the Rangeley Park heritage district features. The Rangeley district may occupy all or less than all of the original Rangeley Park.
RANGELEY PARK HERITAGE DISTRICT COMMISSION (OR RANGELEY
DISTRICT COMMISSION) — Means the heritage commission for the Rangeley Park heritage district.
RANGELEY PARK HERITAGE DISTRICT EXCLUDED ELEMENTS (OR RANGELEY
DISTRICT EXCLUDED ELEMENTS) — Means a part, portion, or component of a change that is not subject to review by the Rangeley Park heritage district commission under this section or a regulation, in addition to excluded elements specified in Section 1 of this chapter.
RANGELEY PARK HERITAGE DISTRICT FEATURES (OR RANGELEY DISTRICT
FEATURES) — Means the houses, buildings, structures, sites, and settings that are in the Rangeley Park heritage district.
RANGELEY PARK HERITAGE DISTRICT LOT (OR RANGELEY DISTRICT LOT,

OR SIMPLY LOT) — Means each lot that is wholly or partly within the Rangeley Park Heritage District, including each lot that results from a subdivision of an existing lot or from combining portions of lots.
RANGELEY PARK HERITAGE DISTRICT MAP (OR RANGELEY DISTRICT MAP) —
Means the map in Appendix A of this section.
RANGELEY PARK HERITAGE DISTRICT REVIEW STANDARDS (OR RANGELEY
DISTRICT REVIEW STANDARDS) — Means criteria for review that are to be applied in addition to the review standards set forth in Section 1 of this chapter and either are set forth in Section 2.4or are duly adopted by the Rangeley Park heritage district commission.
REAR FAÇADE — Means the rear elevation of a house. In determining which elevation of a house is a rear elevation, relevant considerations shall include (1) the elevation that was the rear elevation when the house was first built unless that elevation is designated as a prominent façade, and (2) whether the elevation is opposite a prominent façade. For purposes of this section, a house need not have a rear façade.
REAR FAÇADE LINE — Means a line that runs along the rear façade of a house at ground level and extends across the lot parallel to the center of the road or to the lot boundary that the rear façade overlooks.
REORIENTATION OF A PROMINENT FAÇADE (OR REORIENTATION) — Means
moving, turning, or otherwise changing the orientation of a prominent façade, or relocating a prominent façade to a different side, of a house.
ROAD — Means all of, or the portion of, a public or private road that is in the Rangeley district.
TO OVERLOOK — Means to face a road or a lot boundary from a façade in a direction that is perpendicular to the façade, without regard to whether the view from the façade to the road or to the lot boundary along that direction is obstructed by a natural or manmade element. A prominent façade or a rear façade shall be deemed to overlook either (1) the nearest road that the façade overlooks or (2) if no road is overlooked, the nearest lot boundary of the nearest lot that the façade overlooks or, if more distant from the façade, then of the nearest lot that the façade overlooked when the house was first built.
2.4. Rangeley Park Heritage District Commission Review and Review Standards.

Notwithstanding any other provision of Section 1 of this chapter or of this section, if every part, portion, and component of a proposed change of a Rangeley district feature is an excluded element, then (a) a project proposal need not be filed, (b) no part, portion or component of the proposed change shall be subject to review or approval by the Rangeley district commission and (c) neither a certificate of exclusion nor a certificate of appropriateness shall be required to be obtained in connection with the proposed change; however, a project proposal may be filed voluntarily to seek a certificate decision on a certificate of exclusion.
[STM Art. 2, 4/30/2015]
In determining whether the reviewable elements of a project proposal are appropriate, the

Rangeley district commission shall consider (in conjunction with and in addition to the review standards in Section 1.6) the following:
(a) The historical, architectural, or cultural characteristics of each Rangeley district feature that is the subject of the proposed change;
(b) The consistency of each Rangeley district feature that is the subject of the proposed change, after giving effect to the proposed change, with (a) historical, architectural, or cultural characteristics of each other Rangeley district feature that is the subject of the proposed change, and (b) other existing Rangeley district features;
(c) The nature and scope of the reviewable elements, including their general design, arrangement, texture, and material, and the consistency of the reviewable elements with similar elements of other Rangeley district features;
(d) In addition to subsections a, b and c of this section, for new construction, the size and shape of the new construction in relation to the size, shape, and topography of the property to which each Rangeley district feature that is the subject of the project proposal belongs and to other existing Rangeley district features;
(e) Each of the following shall be strongly presumed to be inappropriate as detrimental to the Rangeley district: a reorientation of a prominent façade; a new house or other building or structure that detracts from the appearance of a prominent façade of any house as viewed from a road; a demolition of a house, a relocation or moving of a house, and a new intervening building;
(f) With substantial weight, the effect that the reviewable elements of the project proposal will have on the following historical, architectural, and cultural qualities, attributes, and aspects of the Rangeley district which comprise a setting or settings in the Rangeley district:
(i) The unified nature of the plan and the park-like quality of the original Rangeley Park.
(ii) The topography of the original Rangeley Park.
(iii) The characteristics, including cobblestone gutters, absence of sidewalks, and walkable quality of each of the roads.
(iv) With respect to the original Rangeley Park and with respect to at least some lots and the houses or other buildings on them, the park-like quality and unobstructed continuous sweep of front lawns that extend from the houses or other buildings to the roads that they overlook, and the unobstructed side lawns between the houses or other buildings.
(v) The spacing, orientation, and setbacks of successive houses or other buildings and their façades along the roads.

In making a decision on a certificate of hardship, the historical commission shall consider (in addition to the information required to be considered by Section 1 of this chapter) whether the change that is the subject of the hardship could subsequently be reversed without substantial damage to each prominent façade as it existed prior to the change. For purposes of this section, hardship shall be limited to an inability to make a change to a house that (a) necessarily involves a prominent façade (1) to satisfy a legal requirement of the Americans with Disabilities Act or (2) to accommodate an ongoing health condition of a continuous occupant of the house, and (b) would not be appropriate under the Rangeley district review standards. In making a decision on a certificate of hardship, the historical commission also shall give substantial weight to the effect that the reviewable elements of the project proposal will have on the items listed in subsection f of this section.
2.5. Rangeley Park Heritage District Excluded Elements.

Notwithstanding any other provision of Section 1 or this section, the following are Rangeley district excluded elements that are not subject to review or approval by the Rangeley district commission: [STM Art. 2, 4/30/2015]
(a) Plants, trees, and shrubs, and including installation, trimming, removal, maintenance and replacements of them, other than the installation of hedges in a prominent yard.
(b) Any element on the rear façade or another nonprominent façade except to the extent that it also forms part of a prominent façade.
(c) Anything between (1) the rear façade line or another nonprominent façade line of a house and (2) the corresponding adjacent road or lot boundary, except to the extent that it also forms part of a prominent façade.
(d) Home office signs smaller than one (1) square foot.
(e) Siding or roofing materials that do not materially alter the architectural style, design, or appearance of the house.
(f) Solar panels not on a prominent façade and not in a prominent yard.
(g) Materials that are documented as having been used on a house or other building at the time of its original construction or, if originally constructed prior to 1920, then at any time prior to 1920.
(h) Any equipment or materials that are necessary or recommended for safe and legally compliant operation of central air conditioning or heating systems or backup electricity generators, except on a prominent façade or in a prominent yard.
2.6. Rangeley Park Heritage District Map.

The Rangeley district map shall show and identify the geographic boundaries of the Rangeley Park heritage district, the Rangeley Park heritage district lots, the lot boundaries, and the prominent façades, rear façades and other nonprominent façades of houses within the Rangeley Park heritage district. The façades may be identified by indicating which elevations

of such houses correspond to the façades, but the exact contours and extent of each façade shall be determined by reference to the provisions of this section. The Rangeley district map shall be recorded in the Registry of Deeds of Middlesex County and shall be revised and re- recorded from time to time as necessary to be kept current. [STM Art. 2, 4/30/2015]

Megan_Blackwell-7

A PDF of Chapter 16 Temporary Repair of Private Ways may be found here

Megan_Blackwell-7

A PDF of unchanged Chapter 12 Repeal and Transition may be found here