Date: July 31^st, 2009

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FALMOUTH’S HISTORICAL DISTRICT COMMISSION LEGISLATION SIGNED BY GOVERNOR

BOSTON, MASSACHUSETTS – House Bill 4104  An Act Relative to the Falmouth Historic District Commission, unanimously approved as Article 31 at the April Town Meeting, and sponsored in the Legislature by Senate President Therese Murray, Representative Timothy R. Madden, and Representative Matthew C. Patrick has been enacted as law.

“I am pleased we were able to get this legislation passed for the town of Falmouth,” said Senate President Therese Murray. “It will streamline the process of allowing homeowners to make necessary improvements while protecting the historic spirit of the community.”

 ”I am delighted to see such swift action to this legislation. The staffs of our three offices were instrumental in moving this home rule petition so quickly” said Representative Madden.  “Additionally, I would like to thank Brian Currie and Jessica Erickson of the planning department and Nathaniel Ross, chairman of the Historic District Commission for their assistance.  This will prove to be a major asset to the Historic District Commission in preserving the Historic Character of the Town.”

“Tim Madden’s office deserves much the credit in moving this through the House in such an expeditious manner” said Representative Patrick.

Currently this same language resides in the Falmouth Zoning Bylaw for use by residents with Planning Board or Board of Appeals permits and in the regulations of the Conservation Commission. This language has worked well in the past for these Boards and applicants. Absent this language, a property owner would have no choice but to complete a condition prior to occupancy or conveyance – which would have caused hardship, especially when winter conditions would not have allow for construction or re-modeling.

The law now allows a property owner to secure a condition of a Certificate of Appropriateness prior to its completion in two ways: by bond or deposit of funds, or by recording a covenant in favor of the town restricting occupancy, sale, or conveyance until the condition is satisfied.

The new law formalizes the relationship between the Building Commissioner and Historic Districts Commission. Previously, the Building Commissioner had no authority to withhold permits for construction or occupancy under the Massachusetts Building Code for projects in the Historic Districts when conditions found in a Certificate of Appropriateness were unfulfilled or not in compliance.

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