[HISTORY: Adopted by the Town Meeting of the Town of Norton
5-14-2018 ATM by Art. 20. Amendments noted where applicable.]
This bylaw shall be known as the "Norton Historic District Bylaw"
and is adopted pursuant to Chapter 40C of the General Laws of the
Commonwealth of Massachusetts, as amended.
The purpose of this bylaw is to promote the educational, cultural,
economic and general welfare of the public through the preservation
and protection of the distinctive characteristics of buildings and
places significant in the history of the Town of Norton or their architecture,
and through the maintenance and improvement of settings for such buildings
and places and the encouragement of design compatible therewith.
There is hereby established under the provisions of Chapter
40C of the General Laws, as amended, an historic district to be known
as the "Norton Center Historic District," which shall be bounded as
verbally described in the Final Report of the Norton Historic District
Study Committee dated April 1975, filed with the Board of Selectmen
and the Town Clerk and as shown on a plan affixed to said Final Report
and entitled "Proposed Norton Historic District," compiled from Assessor's
maps sheets 17 and 23. Said description and said plan shall be part
of this bylaw.
A.
Membership. There is hereby established under Chapter 40C of the
General Laws an Historic District Commission consisting of seven members
and two alternate members, appointed by the Board of Selectmen, including
one member from two nominees submitted by the Norton Historical Society,
one member from two nominees submitted by the chapter of the American
Institute of Architects covering Norton, one member from two nominees
submitted by the Board of Realtors covering Norton, and at least one
resident of the district. The Commission shall also include one member
nominated by any landowner owning more than 1/3 of the land area contained
within the district. The members chosen from nominees made by the
American Institute of Architects and Board of Realtors need not be
residents of the Town.
B.
Terms of office. Members shall be appointed for alternating three-year
terms.
C.
Vacancies shall be filled within 60 days by the Board of Selectmen
by appointment for the unexpired term.
D.
All members and alternate members shall serve without compensation.
The Historic District Commission shall have all the powers and
duties of historic district commissions as provided by the Historic
Districts Act, MGL c. 40C, and of subsequent amendments thereto,
unless specifically limited by the bylaw.
A.
Rules and regulations. The Commission may adopt rules and regulations
not inconsistent with the provisions of the Historic Districts Act.
B.
Expenditures. 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, provided that the Town
appropriate funds for these purposes.
C.
General regulatory powers. The Commission shall have control over
new construction, reconstructions, alterations, movements and demolitions
of all exterior architectural features of buildings and structures
within the historic district which are visible from any public street,
public way or public park within the historic district, except as
limited by this bylaw. The term "structure" includes stone walls,
fences, driveways, walks, terraces, steps, paving, signs, lights and
appurtenant fixtures on lots, buildings or structures. For purposes
of this bylaw, any structure partially within the district shall be
considered wholly within the district. The Commission may also administer
for the Town any properties which the Town may vote to place in its
care, and may be assigned other related powers by vote of the Town.
D.
Considerations. In passing on 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
arrangement of the features involved, and the relation of such features
to similar features of buildings and structures in the surrounding
area. In the case of new construction or additions to existing buildings
or structures, the Commission shall consider the appropriateness of
the size and shape of the building or structure both in relation to
the land area upon which the building or structure is situated and
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 the applicable Zoning Bylaw.[1]
E.
Waiver of review. The Commission may determine from time to time
after public hearing that certain categories of exterior architectural
features, structures or signs may be constructed or altered without
review by the Commission. The Commission may, after public hearing,
set forth the various designs of certain appurtenances, such as light
fixtures, which will meet the requirements of an historic district,
but no such determination shall limit the right of an applicant to
present other designs to the Commission for its approval.
A.
The Historic District Commission shall not make any recommendation
or requirement with regard to new construction, reconstructions or
additions except for the purpose of preventing developments incongruous
to the historic aspects or architectural characteristics of the surroundings
and of the historic district.
B.
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,
shall be exempt from the jurisdiction of the Historic District Commission.
The Commission shall conduct all of its business and execute
all of its duties in accordance with the MGL c. 40C, §§ 1
through 17, as amended.
The Building Inspector and the Planning Board shall be responsible
for providing the Historic District Commission with copies of all
requests for permits for exterior construction or reconstruction involving
buildings or land located within the historic district.
Following Town Meeting approval, this bylaw takes effect immediately
when the following conditions have been met:
