ARTICLE 13
HISTORIC DISTRICT ORDINANCE
13.0 GRANT OF POWER
Pursuant to RSAs 673-677 the Town of Canterbury, New Hampshire, adopts this document hereby known as the Historic District Ordinance.
13.1 PURPOSE
The purposes of this ordinance are to:
A. Recognize and preserve those structures, sites and viewscapes within the Historic Districts, defined in this ordinance, which reflect the cultural, architectural, social and economic history of the Town of Canterbury.
B. Promote the use of man-made and natural features within the Historic Districts for the education, welfare and enjoyment of the community.
C. Foster public appreciation of and civic pride in the town's present day character and the accomplishments of its past.
13.2 DISTRICT DESCRIPTIONS
A. The purpose of designating the Center Historic District is to preserve the visual character of the acknowledged center of our community; to protect and preserve the structures and features that document our shared heritage; to maintain the atmosphere of a rural village.
CENTER DISTRICT DESCRIPTION
Beginning at the intersection of Old Tilton Road, Lamprey Road and Goodwin Road, thence running Easterly along the center line of Goodwin Road to the center line of (076/006) and Booth (069/003). Thence turning and running Southeasterly along the property line which divides the properties N/Fof Matarozzo and Booth to a corner. Thence turning and running Southeasterly along the property line which divides the properties N/F of Matarozzo and Booth to a corner which is the common property corner N/F of Matarozzo, Booth and Geiger (070/000). Thence turning and running Southeasterly along the property line which divides the properties N/F of Matarozzo and Geiger to a corner which is the common property corner of Matarozzo, Booth (075/000) and Geiger.
Thence turning and running Southwesterly along the property line which divides the property N/F of Booth and Geiger to a corner which is the common property corner N/F of Geiger, Booth and Robinson (075/001). Thence turning and running Easterly along the property line which divides the property N/F of Booth and Robinson to a corner. Thence turning and running Southerly along the property line which divides the properties N/F of Booth and Robinson 200' +/- to a point, thence turning and running Easterly across the 50' ROW which is the property of Booth to a common property corner N/F of Booth and Mordarski (071/000). Thence running Easterly along the property line which divides the property N/F of Booth from Mordarski and Ernst (072/000) to a corner which is a common property corner N/F of Booth, Ernst and
Blais (073/000). Thence turning and running Southeasterly along the property line which divides the property N/F of Ernst and Blais to a point at the intersection of Baptist Road. Thence running diagonally across Baptist Road to the common property corner N/F of the Spruces (060/000) and Piroso (059/001). Thence running Southeasterly along the property line which divides the property N/F of the Spruces and Piroso to a corner which is the common property corner N/F of the Spruces and Piroso to a corner which is the common property corner N/F of the Spruces, Piroso and Fifield (034/000). Thence turning and running Westerly along the property line which divides the properties N/F of Fifield, D. Parker (056/001) and C. Parker (056/000) from the properties N/F of the Spruces, Thornton (061/000), Laliberte (062/001) and Shaker Regional School (063/000) to a corner which is the common property corner N/F of Shaker Regional School, Peterson (054/000), and
C. Parker. Thence turning and running Southeasterly along the property line which divides the property N/F of Peterson and C. Parker to a corner. Thence turning and running Southwesterly along the property line which divides the property N/F of Peterson and C. Parker to a corner at the intersection of Morrill Road. Thence turning and running Northwesterly along the Easterly side of Morrill Road along the property line N/F of Peterson, Brillhart (065/002) and Keeler (065/001) to a point at the intersection of Kimball Pond Road. Thence running diagonally across Kimball Pond Road to a corner which is the common property corner N/F of Fifield (033/001), Guertin Jr. (032/001) and Hildreth (037/000). Thence turning and running Westerly along the property line which divides the property N/F of Hildreth from the properties N/F of Guertin Jr., Guertin Sr. (032/000) and Streeter (034/000) to a corner which is the common property corner N/F of Hildreth, Streeter,
and W. Cochrane (035/000). Thence turning and running Northerly along the property line which divides the properties N/F of Streeter from W. Cochrane and T. Cochrane (035/001) to a corner at the center line of Center Road. Thence turning and running Easterly along the center line of Center Road to a point opposite the common property corner N/F of Desmarias (028/005) and Fowler (031/000). Thence turning and running Northeasterly along the property line which divides the properties of Desmarias and S. Cochrane (028/006, from Fowler, C. Nay (030/000), Sallah (030/002), and Mudge (029/000) to a corner at the center line of Old Tilton Road. Thence turning and running Southeasterly to the point of beginning.
SHAKER HISTORIC OVERLAY DISTRICT
13.2.B.1 PURPOSE
The purpose of the Shaker Historic Overlay District is to preserve and protect the historically important land and archeological resources relating to the Canterbury Shakers. This District shall be an overlay district with the use and dimensional requirements for land located within the overlay district determined according to the requirements of the underlying zoning district within which the property is located. The purpose of this district is to preserve and protect the tangible and nontangible characteristics of the Shaker land and buildings as modified by more than 200 years of the Shaker enterprise; the buildings in the Village core; archeological resources; and Shaker Pond area; the mill buildings; the prime agricultural land; forest land; and the scenic vistas to and from Shaker Village, as well as the
approaches to the Shaker Village Museum Preservation District. It is particularly important to ensure that the property visible from the public ways within this district shall be developed in a way that is consistent with historic Shaker practices and does not diminish the special sense of place developed by the Canterbury Shakers.
13.2.B.2. DESCRIPTION
Beginning at a corner on the East side of Shaker Road being the common property corner N/F of McCullough (036/000) and Curtis (036/001), thence running Easterly along the property line which divides the property N/F of McCullough and Curtis to a corner which is the common property corner of McCullough, Curtis, and T&G Meeh (037/002). Thence turning and running Northerly, Easterly, Northerly, Easterly to a corner which is the common property corner N/F of McCullough, T&G Meeh, and M. Meeh (037/000). Thence running Easterly along the property line which divides the property N/F of T&G Meeh and M. Meeh to a corner which is the common property corner N/F of T&G Meeh, M. Meeh and Oleson (011/000). Thence turning and running Southerly along the property line which divides the property N/F of Oleson and Dustin
(049/000) from T&G Meeh and the Shakers (038/000) to a corner which is the common property corner N/F of Dustin and Shakers. Thence turning and running Westerly, Southerly, Easterly and Southerly to a point which is the common property corner N/F of Shakers, Dustin, and Gregory (047/000). Thence running Southerly along the property line which divides the property N/F of Shakers and Gregory to a corner at the center line of Asby Road. Thence N 70 degrees 45 minutes E a distance of 338 feet, more or less, along the southerly side of Asby Road to a point where a rebar is set at land now or formerly of Arnold Alpert and Judith Elliot (045/000); then S 43 degrees 15 minutes E a distance of 298 feet, more or less, along said Alpert and Elliot land to a corner of stone walls; thence N 51 degrees 15 minutes E a distance of 103 feet, more or less, to an intersection of stone walls at the westerly side of Mudgett Hill Road; thence S 41 degrees 30 minutes E a
distance of 380 feet, more or less, following a stone wall which runs along the westerly side of Mudgett Hill Road to a rebar set at land now or formerly of Joan LaPlante (044/000); thence S 73 degrees 30 minutes W a distance of 888 feet, more or less, along LaPlante land to a rock marked "A"; thence S 11 degrees 00 minutes E a distance of 1611 feet, more or less, along LaPlante land and land now or formerly of Kim and Melinda Bean (042/000) to an iron pipe at the Canterbury-Loudon Town Line; thence S 35 degrees 30 minutes W a distance of 1469 feet, more or less, along said Town Line and land now or formerly of William Crowley to an iron pipe, thence S 82 degrees 45 minutes W a distance of 1766 feet, more or less, along land now or formerly of Stephen and Betty Fifield (041/000) to a corner of stone walls at the easterly side of Old Shaker Road; thence N 09 degrees 00 minutes W a distance of 1714 feet, more or less, following a stone wall which runs along the
easterly side of Old Shaker Road to a rebar. Thence turning and running Westerly along the property line which divides the property N/F of Shakers from Mitchell and Lamb (023/000) to a corner on the East side of Shaker Road which is the common property corner N/F of Lamb, Mitchell and Shakers. Thence turning and running Southerly along the property line which divides the property N/F of Shakers (027/001) and Mitchell to a corner which is the common property corner of Shakers and Mitchell, thence turning and running Westerly along the property line which divides the property of Shakers and Mitchell to a point at the intersection of Shaker Road. Thence running Westerly across Shaker Road along the property line which divides the property N/F of Shakers (027/000) and Abberton (005/000). Thence turning and running Northerly, Westerly, Northerly, Westerly, Northerly, Westerly along the property line which divides the property N/F of Shakers and Abberton to a
corner which is the common property corner N/F of Shaker, Parnell (004/000), and Miller (003/000). Thence turning and running Northeasterly and Northwesterly along the property line which divides the property N/F of Shakers and Miller to a corner which is the common property corner N/F of Shakers, Miller and McCullough (003/002). Thence turning and running Easterly and Northerly along the property line which divides the property N/F of Shaker and McCullough to a corner at the center lien of Shell Meeting House Road, thence turning and running Easterly to the point of beginning.
13.3 HISTORIC DISTRICT COMMISSION
The Historic District Commission shall be charged with the responsibility of administering this ordinance.
A. The Commission shall consist of 5 members, one of whom shall be a member of the Board of Selectmen.
B. Two alternates shall be appointed.
C. All members and alternates shall be appointed by the Board of Selectmen.
D. The term of office for all members shall be 3 years.
13.4 POWERS AND DUTIES
A. The following activities within the Historic Districts shall be reviewed by the Historic Commission:
1. Erection, alteration, repair, removal, relocation, or demolition of a building, structure or any visible feature thereof.
2. Construction, reconstruction, repair or removal of stone walls or fencing.
3. Grading or excavation on any site.
4. Change or removal of any natural feature within the District.
5. Any activity which might disturb a known or suspected archeological site.
The power of review shall be limited to those considerations which have an impact on the character and integrity of the District.
B. The Historic District Commission shall not require review of the following:
1. The ordinary maintenance and repair of any architectural feature which does not involve removal or a change in design, dimensions, materials or outer appearance of such features.
2. Painting or repainting of buildings or structures.
C. The Commission shall have the right to accept and use gifts, grants or contributions for the exercise of its function.
D. The Commission may adopt and amend regulations and prepare amendments to this ordinance.
13.5 APPLICATION PROCEDURE
A. An application, on forms established by the Historic District Commission, must be submitted to and approved by the Commission prior to the start of any activities listed herein as requiring review.
B. An applicant shall be required to pay an application fee and legal notice fee as established by the Commission.
C. The applicant shall include a narrative description of the project and graphic materials of sufficient clarity and detail to give the Commission a clear and certain understanding of the work contemplated and its consistency with the Historic District Ordinance and regulations.
D. The applicant shall supply appropriate site plans, building plans, elevations, perspective sketches, photographs, building material samples or other information as may be required by the Commission to make its determination of approval or disapproval.
E. In reviewing the application package the Commission may request reports and recommendations regarding the feasibility of the proposal from Town Boards or Officials and professional, educational, and other groups or persons who may profess information concerning the impact of the proposal on the Historic District.
13.6 HEARINGS AND NOTICES
A. The Historic District Commission shall conduct a public hearing on all applications.
B. Written notice of the hearing date shall be given to the abutting property owners and the general public as required by law.
C. The Commission shall issue a Certificate of Approval or Notice of Disapproval within 10 days of the hearing date unless the applicant shall agree to an extension in writing.
D. Failure to render a decision within the time specified shall be deemed to constitute approval by the Commission.
13.7 REVIEW CRITERIA
In making a determination on an application, the Commission shall take into account the purposes of this ordinance and consider, but not be limited to, the following:
A. The historical, architectural, or cultural value of the subject structure(s) or landscape(s) and their relationship and contribution to the setting.
B. The compatibility of exterior design, arrangement of elements, texture and materials proposed to be used in relationship to existing structures or features and their setting.
C. Architectural features shall be repaired rather than replaced. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, texture, and other visual qualities.
D. Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.
E. In reviewing an application for demolition or removing a structure, the applicant shall secure approval and shall in good faith prepare a detailed plan for re-use of the vacated site which the Commission determines will meet the requirements for a Certificate of Approval.
13.8 ENFORCEMENT
Enforcement of the provisions of this ordinance shall be made through the Zoning Ordinance of the Town of Canterbury. It is unlawful for any person to construct, alter, repair, move or demolish any structure or feature which lies within the Historic Districts without first obtaining a Certificate of Approval from the Historic District Commission.
13.9 PENALTIES
Failure to comply with any provisions of this ordinance shall be deemed a violation and the violator shall be liable to a fine as specified in the Zoning Ordinance.
13.10 APPEALS
Any person or persons jointly or severally aggrieved by a decision of the Historic District Commission shall have a right to appeal that decision to the Zoning Board of Adjustment.
13.11 The invalidity of any provision of this ordinance shall not affect the validity of any other provision.
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