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HOUSE DOCKET, NO. 4305        FILED ON: 4/23/2009

HOUSE  .   .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4104



The Commonwealth of Massachusetts



Timothy Madden, Therese Murray


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act Relative to the Falmo uth Historic District Commission .






Timothy Madden

Barnstable, Dukes and Nantucket

Therese Murray

Plymouth and Barnstable

Matthew C. Patrick

3rd Barnstable

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine



An Act Relative to the Falmouth Historic District Commission .


              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              to amend Chapter 654 of the Acts of 1975, which establishes the Falmouth Historic District Commission, as amended from time to time, by deleting section 9 and by adding the following:

Section 9:

A)      As part of its decision the Commission may require that construction or other authorized site activities be secured by one of the following methods, which method may be selected and from time to time varied by the applicant upon receiving written approval from the Commission:


1)      By a proper bond or deposit of money sufficient in the opinion of the Commission to secure performance of the conditions of its decision as noted in the certificate of appropriateness or accompanying plans; or

2)      By a covenant executed and duly recorded by the owner of record, running with the land, whereby said the conditions of its decision as noted in the certificate of appropriateness or accompanying plans shall be accomplished prior to the issuance of occupancy permits or any conveyance sale, rental or similar disposition of the property.

B)      In addition to the remedies provided in Section 11 herein, the Building Commissioner is hereby authorized to enforce the provisions of this chapter, subject to a vote of the Commission that determines the construction, alteration, demolition or moving of any building or structure would be in violation of this chapter. The provisions of the state building code not-with-standing, the Building Commissioner is authorized to withhold any permit for construction, alteration, demolition, or the moving, use or occupancy of any building or structure until such time as the Commission issues a determination that compliance with its Certificate of Appropriateness has been accomplished or that the Commission has received surety for the completion of construction or other authorized site activities pursuant to sections 9(A)(1) or 9(A)(2) above.



C)      Any person violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction fined not more than $500 for each offense. Each day that such violation continues shall constitute a separate offense.

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