[HISTORY: Adopted 6-19-2018 STM by Art. 5. Amendments noted where
applicable.]
The Town of Hopedale hereby establishes local historic districts,
to be administered by an Historic District Commission as provided
for under Massachusetts General Laws Chapter 40C, as amended.
The purpose of this bylaw is to preserve and protect the distinctive
characteristics and architecture of buildings and places significant
in the history of the Town of Hopedale, to encourage and support new
and innovative building designs and techniques compatible with the
existing architecture, and to promote those purposes as set forth
in Massachusetts General Laws Chapter 40C.
As used in this bylaw the following terms shall have the following
meanings:
The act or the fact of rebuilding, reconstructing, restoring,
replicating, removing, demolishing, and other similar activities.
A combination of materials forming a shelter for persons,
animals or property.
A certificate of appropriateness, a certificate of nonapplicability,
or a certificate of hardship as set forth in this bylaw.
The Historic District Commission as established in this bylaw.
The act or the fact of building, erecting, installing, enlarging,
moving and other similar activities.
The total surface area of a sign, including all lettering,
wording, designs, symbols, background and frame, but not including
any support structure or bracing incidental to the sign. The display
area of an individual letter sign or irregular shaped sign shall be
the area of the smallest rectangle into which the letters or shape
will fit. Where sign faces are placed back to back and face in opposite
directions, the display area shall be defined as the area of one face
of the sign.
The Local Historic District as established in this bylaw,
to consist of one or more district areas.
Such portion of the exterior of a building or structure as
is open to view from a public street, public way, public park or public
body of water, including but not limited to the architectural style
and general arrangement and setting thereof, the kind, color and texture
of exterior building materials, the color of paint or other materials
applied to exterior surfaces and the type and style of windows, doors,
lights, signs and other appurtenant exterior features.
The applicant, an owner of adjoining property, an owner of
property within the same historic district as property within 100
feet of said property lines and any charitable corporation in which
one of its purposes is the preservation of historic structures or
districts.
Any permanent symbol, design, or device used to identify
or advertise any place of business, product, activity, or person.
A combination of materials other than a building, including
but not limited to a sign, statue, monument, fence, wall, terrace,
walk or driveway.
Any symbol, design, or device used to identify or advertise
any place of business, product, activity, or person not to be in existence
for a period of more than one year.
A building not to be in existence for a period of more than
two-years. A structure not to be in existence for a period of more
than one-year. The Commission may further limit the time periods set
forth herein as it deems appropriate.
The district shall consist of one or more district areas as
listed in Section 1.3 (Appendices) of this bylaw.[1]
[1]
Editor's Note: Said material is on file in the Town offices.
A.
The district shall be overseen by a Commission consisting of not
less than three nor more than seven members to be appointed by the
Select Board for three-year alternating terms, and with initial appointments
to be made as follows: at least one member for one year, at least
one member for two years, and at least one member for three years.
B.
The Commission shall include, if possible, one member from two nominees
solicited from the Hopedale Historical Commission; one member from
two nominees solicited from the chapter of the American Institute
of Architects covering Hopedale or an architect living or working
in Hopedale; one member from two nominees of the Board of Realtors
covering Hopedale or a realtor living or working in Hopedale; one
historian living or working in Hopedale; and one property owner or
resident from within each of the residential property district areas.
If within 30 days after submission of a written request for nominees
to any of the organizations herein named insufficient nominations
have been made, the Select Board may proceed to make appointments
as it desires.
C.
The Select Board may appoint up to three alternate members to the
Commission. Each alternate member, when designated by the Chairman,
shall have the right to act and vote in the place of one regular member
should such regular member be absent from a meeting or be unwilling
or unable to act or vote. Said alternate members shall initially be
appointed for terms of two or three years, and for three-year terms
thereafter. Should an application require multiple meetings, only
members participating in all sessions of the public hearing, or otherwise
meeting the requirements of MGL c. 39, § 23D, if applicable,
shall vote on that proposal.
D.
Each member and alternate member shall continue to serve in office
after the expiration date of his or her term until a successor is
duly appointed and qualified.
E.
Meetings of the Commission shall be held at the call of the Chairman,
at the request of two members, and in such other manner as the Commission
shall determine in its rules and regulations.
A.
The Commission shall exercise its powers in administering and regulating
the construction and alteration of any structures, buildings, or signs
within the district as set forth under the procedures and criteria
established in this bylaw and MGL c. 40C. In exercising its powers
and duties hereunder, the Commission shall pay due regard to the distinctive
characteristics of each building, structure, sign, and district area.
B.
The Commission may adopt, and from time to time amend, reasonable
rules and regulations not inconsistent with the provisions of this
bylaw or MGL c. 40C, providing for such forms and procedures as it
deems desirable and necessary for the regulation of its affairs and
the conduct of its business, including but not limited to requirements
for the contents and form of applications for certificates, fees,
hearing procedures and other matters. The Commission shall file a
copy of any such rules and regulations with the office of the Town
Clerk.
C.
The Commission, after a public hearing duly posted and advertised
at least 14 days in advance in a conspicuous place in Town Hall, on
the Town website and in the same manner as required by the Open Meetings
Law, may adopt and from time to time amend guidelines which set forth
the designs for certain exterior architectural features which are,
in general, suitable for the issuance of a certificate. No such design
guidelines shall limit the right of an applicant for a certificate
to present other designs to the Commission for approval.
D.
The Commission shall at the beginning of each fiscal year hold an
organizational meeting and elect a Chairman, a Vice Chairman and Secretary
from its regular membership, and file notice of such election with
the office of the Town Clerk.
E.
The Commission shall keep a permanent record of its resolutions,
transactions, decisions and determinations and of the vote of each
member participating therein.
F.
The Commission shall undertake educational efforts to explain to
the public and property owners the merits and functions of a district.
A.
Except as this bylaw provides, no building or structure or part thereof
within a district shall be constructed or altered in any way that
affects the exterior architectural features, unless the Commission
shall first have issued a certificate with respect to such construction
or alteration.
B.
No building permit for construction of a building or structure or
for alteration of an exterior architectural feature within a district
and no demolition permit for demolition or removal of a building or
structure within a district shall be issued by the Town or any department
thereof until a certificate as required under this bylaw has been
issued by the Commission.
A.
Any person who desires to obtain a certificate from the Commission
shall file with the Commission an application for a certificate of
appropriateness, of nonapplicability and/or of hardship, as the case
may be. The application shall be accompanied by such plans, elevations,
specifications, material and other information, including in the case
of demolition or removal a statement of the proposed condition and
appearance of the property thereafter, as may be reasonably deemed
necessary by the Commission to enable it to make a determination on
the application. The Commission shall have the authority to determine
a filing fee for a certificate. In the event that an application is
missing such information (including but not limited to the payment
of the required filing fee), it shall be deemed incomplete.
B.
The Commission shall determine within 14 days of the filing of a
completed application for a certificate whether said application involves
any exterior architectural features which are within the jurisdiction
of the Commission.
C.
If the Commission determines that an application for a certificate
does not involve any exterior architectural features, or involves
an exterior architectural feature which is not subject to review by
the Commission under the provisions of this bylaw, the Commission
shall forthwith issue a certificate of nonapplicability.
D.
The Commission determines that such application involves any exterior
architectural feature subject to review under this bylaw, it shall
hold a public hearing on the application, except as may otherwise
be provided in this bylaw. The Commission shall hold such a public
hearing within 45 days from the date of the filing of the completed
application. At least 14 days before said public hearing, public notice
shall be given by posting in a conspicuous place in Hopedale Town
Hall and in a newspaper of general circulation in Hopedale. Such notice
shall identify the time, place and purpose of the public hearing.
Concurrently, a copy of said public notice shall be mailed to the
applicant, to the owners of all adjoining properties, to the owners
of all property within the same district area within 100 feet of the
subject property lines, to any charitable corporation in which one
of its purposes is the preservation of historic structures or districts,
and of other properties deemed by the Commission to be materially
affected thereby - all as they appear on the most recent applicable
tax list, to the Planning Board, to any person filing a written request
for notice of hearings (such request to be renewed yearly in December),
and to such other persons as the Commission shall deem entitled to
notice. The said certified tax list shall be deemed conclusive for
all purposes.
(1)
A public hearing on an application for a certificate need not be
held if such hearing is waived in writing by all persons entitled
to notice thereof. In addition, a public hearing on an application
for a certificate may be waived by the Commission if the Commission
determines that the exterior architectural feature involved, or its
category, is so insubstantial in its effect on the district that it
may be reviewed by the Commission without a public hearing. If the
Commission dispenses with a public hearing on an application for a
certificate, notice of such application shall be given to the owners
of all adjoining property and other property deemed by the Commission
to be materially affected thereby as above provided, and 10 days shall
elapse after the mailing of such notice before the Commission may
act upon such application.
E.
Within 60 days after the filing of a completed application for a
certificate, or within such further time as the applicant may allow
in writing, the Commission shall issue a certificate or a disapproval.
In the case of a disapproval of an application for a certificate,
the Commission shall set forth in its disapproval the reasons for
such disapproval. The Commission may include in its disapproval-specific
recommendations for changes in the applicant's proposal with
respect to the appropriateness of design, arrangement, and similar
features which, if made and filed with the Commission in a subsequent
application, would make the application acceptable to the Commission.
F.
The concurring vote of a majority of the members shall be required
to issue a certificate.
G.
In issuing certificates, the Commission may, as it deems appropriate,
impose certain conditions and limitations, and may require architectural
or plan modifications consistent with the intent and purpose of this
bylaw.
H.
If the Commission determines that the construction or alteration
for which an application for a certificate of appropriateness has
been filed will be appropriate for or compatible with the preservation
or protection of the district, the Commission shall issue a certificate
of appropriateness.
I.
If the construction or alteration for which an application for a
certificate of appropriateness has been filed shall be determined
to be inappropriate and therefore disapproved, or in the event of
an application for a certificate of hardship, the Commission shall
determine whether, owing to conditions especially affecting the building
or structure involved, but not affecting the district generally, failure
to approve an application will involve a substantial hardship, financial
or otherwise, to the applicant and whether such application may be
approved without substantial detriment to the public welfare and without
substantial derogation from the intent and purposes of this bylaw.
If the Commission determines that owing to such conditions failure
to approve an application will involve substantial hardship to the
applicant and approval thereof may be made without such substantial
detriment or derogation, the Commission shall issue a certificate
of hardship.
J.
The Commission shall send a copy of its certificates and disapprovals
to the applicant and shall file a copy of its certificates and disapprovals
with the office of the Town Clerk and the Building Inspector. The
date of issuance of a certificate or disapproval shall be the date
of the filing of a copy of such certificate or disapproval with the
office of the Town Clerk.
K.
If the Commission should fail to issue a certificate or a disapproval
within 60 days of the filing of the completed application for a certificate,
or within such further time as the applicant may allow in writing,
the Commission shall thereupon issue a certificate of hardship.
L.
Each certificate issued by the Commission shall be dated and signed
by its chairman or such other person designated by the Commission
to sign such certificates on its behalf.
A.
In deliberating on applications for certificates, the Commission
shall consider, among other things, the historic and architectural
value and significance of the site, building or structure; the general
design, arrangement, texture, material and color and features, including
but not limited to proportions, detailing, and mass, of the exterior
architectural features involved; and the relation of such exterior
architectural features to similar features of buildings and structures
in the surrounding area. The Commission shall be guided by the purpose
of this bylaw to preserve and protect exterior architectural features
of the buildings and structures in the district as they exist at the
time of this bylaw's adoption.
B.
In the case of new construction or additions to existing buildings
or structures, the Commission shall consider the appropriateness of
the size, shape and proportions of the building or structure both
in relation to the land area upon which the building or structure
is situated and in relation to buildings and structures in the vicinity
and the Commission may in appropriate cases impose dimensional and
setback requirements in addition to those required by applicable statute
or bylaw.
C.
When ruling on applications for certificates on solar energy systems
as defined in Section 1A of Chapter 40A, the Commission shall consider
the policy of the Commonwealth of Massachusetts to encourage the use
of solar energy systems and to protect solar access.
D.
The Commission shall not consider interior arrangements or architectural
features not subject to public view.
A.
The Commission shall exclude from its purview the following:
(1)
Temporary, structures or signs subject, however, to such conditions
pertaining to the duration of use, location, lighting, removal and
similar matters as the Commission may reasonably specify.
(2)
Terraces, walks, driveways, sidewalks and similar structures, provided
that any such structure is substantially at grade level.
(3)
Storm windows and doors, screens for windows and doors, and window
air conditioners.
(4)
The color, type, or material of paint or siding.
(5)
The color or type of materials used on roofs.
(6)
Signs of not more than one square foot in display area in connection
with use of a residence for a customary home occupation or for professional
purposes, provided only one such sign is displayed in connection with
each residence and if illuminated is illuminated only indirectly;
and one sign in connection with the nonresidential use of each building
or structure which is not more than 12 square feet in display area,
consists of letters painted on wood without symbol or trademark and
if illuminated is illuminated indirectly.
(7)
The reconstruction, substantially similar in exterior design, of
a building, structure or exterior architectural feature damaged or
destroyed by fire, storm or other disaster, provided such reconstruction
is begun within one year thereafter and carried forward with due diligence.
B.
Upon request the Commission shall issue a certificate of nonapplicability
with respect to construction or alteration in any category not subject
to review by the Commission in accordance with the above provisions.
C.
Nothing in this bylaw shall be construed to prevent the ordinary
maintenance, repair or replacement of any exterior architectural feature
within a district which does not involve a change in design or the
outward appearance thereof, nor to prevent landscaping with plants,
trees or shrubs, nor construed to prevent the meeting of requirements
certified by a duly authorized public officer to be necessary for
public safety because of an unsafe or dangerous condition, nor construed
to prevent any construction or alteration under a permit duly issued
prior to the effective date of this bylaw.
The Commission may determine from time to time after a public
hearing, duly advertised and posted at least 14 days in advance in
a conspicuous place in Town Hall and in a newspaper of general circulation
in Hopedale, that certain categories of exterior architectural features
or structures under certain conditions may be constructed or altered
without review by the Commission without causing substantial derogation
from the intent and purposes of MGL c. 40C.
A.
The Commission shall determine whether a particular activity is in
violation of this bylaw or not, and the Commission shall be charged
with the enforcement of this bylaw.
B.
The Commission, upon a written complaint of any resident of Hopedale,
or owner of property within Hopedale, or upon its own initiative,
may institute any appropriate action or proceedings in the name of
the Town of Hopedale to prevent, correct, restrain or abate violation
of this bylaw. In the case where the Commission is requested in writing
to enforce this bylaw against any person allegedly in violation of
same and the Commission declines to act, the Commission shall notify,
in writing, the party requesting such enforcement of any action or
refusal to act and the reasons therefor, within 21 days of receipt
of such request.
C.
Whoever violates any of the provisions of this bylaw shall be punishable
by a fine of up to $500 for each offense. Each day during any portion
of which such violation continues to exist shall constitute a separate
offense. In the event of demonstrated emergency, the Commission may
waive and/or reduce any penalties set forth herein.
D.
The Commission may designate the Building Inspector of the Town of
Hopedale to act on its behalf and to enforce this bylaw under the
direction of the Commission.
The provisions of this bylaw shall be deemed to be separable.
If any of its provisions, sections, subsections, sentences or clauses
shall be held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this bylaw shall continue to be in
full force and effect.
