[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
as Art. X of the General Bylaws. Amendments noted where applicable.]
The Town of Foxborough hereby establishes a Local Historic District,
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 aid in the preservation and
protection of the distinctive characteristics and architecture of
buildings and places significant in the history of the Town of Foxborough,
the maintenance and improvement of their settings and the encouragement
of new building designs and modifications compatible with the existing
architecture.
As used in this bylaw, the following terms shall have the following
meanings:
The act or the fact of rebuilding, reconstruction, restoration,
renovating, remodeling, replication, removal, demolition, 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,
consisting of one or more district areas.
Such portion of the exterior of a building or structure as
is open to view from a public way, public street, public park or public
body of water, including but not limited to architectural style and
general arrangement and setting thereof, the kind and texture of exterior
building materials, and the type and style of windows, doors, lights,
signs and other appurtenant exterior fixtures.
The applicant; an owner of adjoining property; an owner of
property within the same district area; an owner of property within
100 feet of said district area; and any charitable corporation in
which one of its purposes is the preservation of historic places,
structures, buildings or districts.
Any symbol, design or device used to identify or advertise
any place of business, product, location, activity or person.
A combination of materials other than a building, including
but not limited to a sign, fence, wall, terrace, walk or driveway.
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 § 145-14, Appendices, of this bylaw.
A.
The Commission shall consist of five members appointed by the Select
Board, one member initially to be appointed for one year, two for
two years, and two for three years, and each successive appointment
to be made for three years.
[Amended 1-30-2023 STM by Art. 1]
B.
The Commission shall include, if possible, one member from two nominees
solicited from the Foxborough Historical Society, one member from
two nominees solicited from the chapter of the American Institute
of Architects covering Foxborough; one member from two nominees of
the Board of Realtors covering Foxborough; and one property owner
from within each of the 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.
[Amended 1-30-2023 STM by Art. 1]
C.
The Select Board may appoint up to three alternate members to the Commission. The alternate members need not be from nominees of organizations entitled to nominate members under the provisions of Subsection B. Each alternate member, 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.
[Amended 1-30-2023 STM by Art. 1]
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.
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.
F.
Three members of the Commission shall constitute a quorum.
A.
The Commission shall exercise its powers in administering and regulating
the construction and alteration of any structures or buildings within
the district as set forth under the procedures and criteria established
in this bylaw. In exercising its powers and duties hereunder, the
Commission shall pay due regard to the distinctive characteristics
of each building, structure 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 Chapter 40C, setting forth such forms and procedures
as it deems desirable and necessary for the regulation of its affairs
and the conduct of its business, including 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 after review by
Town Counsel.
C.
The Commission, after a public hearing duly posted and advertised
at least 14 days in advance in a conspicuous place in Town Hall and
in a newspaper of general circulation, 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, 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.
G.
This bylaw, along with all Local Historic District Maps created thereunder,
shall be filed with the Massachusetts Historical District Commission
in accordance with the provisions of MGL c. 40C, § 15. The
Commission shall also, in accordance with MGL c. 40C, § 15,
file with the Massachusetts Historical District Commission any annual
reports and other publications of the Commission and any rosters of
memberships therein.
H.
The Commission may, subject to appropriation, employ clerical and
technical assistants or consultants and incur other expenses appropriate
to the carrying on of its work, and may accept money gifts and expend
the same for such purposes.
I.
The Commission may administer on behalf of the Town of Foxborough
any properties or easements, restrictions, or other interest in real
property which the Town of Foxborough may have or may accept as a
gift or otherwise and which the Town of Foxborough may designate the
Commission as the administrator thereof.
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 as visible from a public
way, 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 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.
B.
The Commission shall determine within 14 days of the filing of an
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.
If 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 application.
At least 14 days before said public hearing, public notice shall be
given by posting in a conspicuous place in Town Hall and in a newspaper
of general circulation in Foxborough. 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 and of other properties deemed by the
Commission to be materially affected thereby 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.
(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 of 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 an 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, texture, material 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 present 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 disapproval
to the applicant and shall file a copy of its certificates and disapproval
with the office of the Town Clerk and the Building Commissioner. 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 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 due
to failure to act.
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.
M.
A person aggrieved by a determination of the Commission may, within
20 days of the issuance of a certificate or disapproval, file a written
request with the Commission for a review by a person or persons of
competence and experience in such matters, acting as arbitrator and
designated by the regional planning agency. The finding of the person
or persons making such review shall be filed with the Town Clerk within
45 days after the request, and shall be binding on the applicant and
the Commission, unless a further appeal is sought in the Superior
Court as provided in MGL c. 40C, § 12A. The filing of such
further appeal shall occur within 20 days after the finding of the
arbitrator has been filed with the office of the Town Clerk.
A.
In deliberating on applications for certificates and other matters
before it, the Commission shall consider, among other things, the
historic and architectural value and significance of the site, building
or structure; the general design, proportions, detailing, mass, arrangement,
texture, and material 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.
B.
In the case of new construction or additions to existing buildings
or structures, the Commission shall consider the appropriateness of
the scale, 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.
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 MGL c. 40A, § 1A, 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 from a public way.
E.
The Commission shall not make any recommendations or requirements
except for the purpose of preventing developments incongruous to the
historic aspects or the architectural characteristics of the surroundings
and of the district.
A.
The Commission shall exclude from its purview the following:
(1)
Temporary buildings, structures or signs; subject, however, to conditions
pertaining to the duration of existence and use, location, lighting,
removal and similar matters as the Commission may reasonably specify.
(2)
Terraces, walks, sidewalks and similar structures (not including
driveways and/or parking lots, which are subject to the provisions
of this bylaw), provided that any such structure is substantially
at grade level.
(3)
Storm windows and doors, screen windows and doors, and window air
conditioners.
(4)
The color of paint.
(5)
The color 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 six 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, material
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 Foxborough, that certain categories of exterior architectural features,
structures or buildings under certain conditions may be constructed
or altered without review by the Commission without causing substantial
derogation from the intent and purpose of this bylaw.
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 Foxborough,
or owner of property within Foxborough, or upon its own initiative,
shall institute any appropriate action or proceedings in the name
of the Town of Foxborough 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 $50 for each offense. Each day during any portion
of which such violation continues to exist shall constitute a separate
offense.
D.
The Commission may designate the Building Commissioner of the Town
of Foxborough 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.
[Amended 5-8-2023 ATM by Art.
20]
Appendix 1: Baker Street District. The Baker Street District
shall be a district area under this bylaw. The location and boundaries
of the Baker Street District are defined and shown on a map entitled
"Baker Street Local Historic District Map dated May 2021."
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