Certificate of Appropriateness Decision

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The HDC shall make a determination based on the submitted application materials and duly recorded comments of the public hearing. The reader is referred to the design guidelines of this handbook, which provide an in-depth discussion of both the general objectives and specific criteria considered in the HDC’s determination of appropriateness of design.  These guidelines are provided to assist the Applicant in design matters but should not be considered to represent absolute standards which can and must be applied in all instances.  The HDC ultimately must make a determination as to appropriateness based on its own judgment as to a proposal’s appropriateness within the characteristic setting and building traditions of the historic district.

The HDC may vote on an application immediately upon completion of a hearing or may defer such vote until later in the same meeting or to a subsequently scheduled regular meeting, or if necessary to a special meeting.  The HDC must vote on an application within 65 days of officially recorded receipt of the application unless the application is either formally withdrawn or a written request for an extension is accepted by the HDC.  Decisions granting or denying an application shall be approved by a minimum of three HDC members.  If the HDC denies the application, written notice shall be sent to the Applicant, the Building Official, and the Zoning Enforcement Officer, stating the basis for such denial.  At its discretion, the HDC may approve an application with additional stipulations.  If the Applicant does not wish to implement such stipulated conditions, the Applicant’s only recourse is to reapply with modified design proposal or appeal the HDC’s decision in Superior Court.

If the HDC determines that an application is insufficiently complete to make a proper determination, it shall have no recourse but to deny the application, unless the Applicant elects to withdraw the application.  The Applicant may withdraw an application in writing at any regular meeting, or during normal office hours at the Office of the HDC.  A withdrawn application may be resubmitted at any time thereafter but, for the purposes of determining the 65-day review period, such resubmission shall be considered a new application effective as of the date of re-filing.