The purpose of this By-Law is to promote the educational, cultural,
economic and general welfare of the inhabitants and property owners
of the Town of Dartmouth through the preservation and protection of
the distinctive characteristics of buildings and places of historical
significance to the Town, or the architecture of such buildings and
places, and through the maintenance and improvement of settings for
such buildings and places and the encouragement of design compatible
therewith.
For purposes of this By-Law, the words listed below shall have
the following meaning:
A. The word "altered" shall include the words "rebuilt", "reconstructed",
"restored", "removed" and "demolished";
B. The word "building" shall mean a combination of materials forming
a shelter for persons, animals or property;
C. The words "certificate of appropriateness", "nonapplicability" and
"hardship"
D. The word "commission" shall mean the commission acting as the historic
district commission;
E. The word "constructed" shall include the words "built", "erected",
"installed", "enlarged" and "moved";
F. The word "structure" shall mean a combination of materials other
than a building, including a sign, fence, stone wall, terrace, walk
or driveway; and
G. The word "exterior architectural feature" shall mean 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,
without reference to fences, hedges or other artificial or natural
screening which shall not be considered sufficient to obscure a building
or structure from the public view; including, but not limited to the
architectural style and general arrangement and setting thereof, the
kind and texture of exterior building materials, or other materials
applied to exterior surfaces and the type and style of windows, lights,
signs and other appurtenant exterior features.
In passing upon matters before it, the commission shall strive
to advance the purposes of this By-Law, and shall consider, among
other things the historic and architectural value and significance
of the site, building or structure, the general design, arrangement,
proportions, texture and material of the features involved, the relation
of such features to similar features of buildings and structures in
the surrounding area, and the position of such buildings or structures
in relation to the public streets public ways, public parks or public
bodies of water in the surrounding area. In the case of new construction
or additions to existing buildings or structures, the commission shall
consider the appropriateness or the site 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.
The commission shall not, in passing upon matters before it, consider interior arrangements or architectural features not subject to public view. In determining whether an exterior architectural feature is subject to public view from a public street, public way, public park or public body of water, fences, hedges, and other artificial or natural screening shall not be considered sufficient to obscure the feature from the public view. Further, the commission shall not make any recommendation or requirement with respect to any matter before it, except for the purpose of preventing developments incongruous with the historic aspects or the architectural characteristics of the surroundings and of the historic district. While the commission shall encourage owners of buildings and structures in the historic district to use historically authentic materials wherever feasible for any construction or alteration, the use of any particular material shall not be prohibited based upon its composition alone. This By-Law does not regulate color, since colors are a matter of personal taste and can easily be changed. However, the use of proper contrasts and historic colors is strongly encouraged. It is not the intent of this By-Law to require that buildings and structures in the historic district be maintained as historic artifacts. Rather, the commission is required to apply the standards set forth herein, particularly those contained in this section and §
209-6, in order to protect and preserve the general flavor, and the distinctive characteristics and architecture of the historic district.
A. Categories of exempt buildings and structures. The authority of the
commission shall not extend to the review of any of the following
categories of buildings or structures or exterior architectural features
in the historic district and the buildings or structures or exterior
architectural features so excluded may be constructed or altered within
the historic district without review by the commission:
(1) Temporary structures or signs, subject, however, to such conditions
as to duration of use, location, lighting, removal and similar matters
as the commission may reasonably specify.
(2) Terraces, walks, driveways, and sidewalks, provided that any such
structure is substantially at grade level.
(3) Storm doors and storm windows, screens, lighting fixtures, and antenna
(except satellite dishes).
(4) Signs of not more than two square feet in area in connection with
the use of a residence for a customary home occupation or for professional
purposes, provided that only one such sign is displayed in connection
with each residence.
(5) The reconstruction, substantially similar in exterior design and
materials, 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 is carried
forward with due diligence.
B. Determining additional exemption categories. 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 without causing substantial
derogation from the intent and purposes of this By-Law and of the
Historic Districts Act, Massachusetts General Laws Chapter 40C, as
amended.
C. Restrictions by line of sight. The commission may further determine
from time to time after public hearing that the authority of the commission
shall be limited to only those exterior architectural features within
the historic district subject to view from one or more specifically
designated public streets, public ways, public parks or public bodies
of water, as opposed to all exterior architectural features within
the historic district subject to view from a public street, public
way, public park or public body of water, without substantial derogation
from the intent and purposes of this By-Law and of the Historic Districts
Act, Massachusetts General Laws Chapter 40C as amended.
D. Certificates of non-applicability. Upon request, the commission shall issue a certificate of nonapplicability with respect to construction or alteration in any category then not subject to review by the commission in accordance with the provisions of Subsection
A,
B or
C of this section.
Nothing in this By-Law shall be construed to prevent the ordinary
maintenance, repair or replacement of any exterior architectural feature
within the historic 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 By-Law.
The commission shall have the following additional powers, functions
and duties:
A. Certificates of appropriateness.
(1) If the commission determines that the construction or alteration
for which an application for a certificate or appropriateness has
been filed will be appropriate for and compatible with the preservation
or protection of the historic district, the commission shall cause
a certificate of appropriateness to be issued to the applicant. In
the case of a disapproval of an application for a certificate of appropriateness,
the commission shall place upon its records the reasons for such determination,
and shall forthwith cause a notice of its determination, accompanied
by a copy of the reasons therefore as set forth in its records, to
be issued to the applicant and the commission may make recommendations
to the applicant with respect to appropriateness of design, arrangement,
texture, material and similar features.
(2) Prior to the issuance of any disapproval, the commission may notify
the applicant of its proposed action accompanied by recommendations
of changes in the applicant's proposal, which, if made, would make
the application acceptable to the commission. If within 14 days of
the receipt of such notice, the applicant files a written modification
of his application in conformity with the recommended changes of the
commission, the commission shall cause a certificate of appropriateness
to be issued to the applicant.
B. When architectural feature is not applicable. In the case of a determination by the commission that an application for a certificate of appropriateness or for a certificate for nonapplicability does not involve any exterior architectural feature, or involves an exterior architectural feature which is not then subject to review by the commission in accordance with the provisions of §
209-7, the commission shall cause a certificate of nonapplicability to be issued to the applicant.
C. Certificates of hardship. If the construction or alteration for which an application for a certificate of appropriateness has been filed shall be determined to be inappropriate, 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 historic 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 By-Law and of the Historic Districts Act, Massachusetts General Laws Chapter 40C, as amended. If the commission determines that owing to such condition: failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without such substantial detriment or derogation, or, in the event of a failure by the commission to make a determination on an application within the time specified in §
209-11 hereof, the commission shall cause a certificate of hardship to be issued to the applicant.
D. Issue of certificates. Each certificate issued by the commission
shall be dated and signed by its Chairperson, Vice-Chairperson, Secretary,
or such other person designated by the commission to sign such certificates
on its behalf.
E. Record of action. The commission shall keep a permanent record of
its resolutions, transactions and determinations and of the vote of
each member participating therein, and shall adopt and amend such
rules and regulations not inconsistent with the provisions of this
By-Law and the provisions of the Historic Districts Act, Massachusetts
General Laws Chapter 40C, as amended, and prescribe such forms as
it shall deem desirable and necessary for the regulation of its affairs
and the conduct of its business. The commission shall file a copy
of any such rules and regulations with the Town Clerk.
F. Copies of record of action to town clerk. The commission shall file
with the Town Clerk, and with any department or official of the Town
having authority to issue building permits, a copy or notice of all
certificates and determinations of disapproval issued by it.
G. Appropriations and expenses. The commission may, subject to appropriation,
employ personnel and incur other expenses appropriate to the carrying
on of its work, and may accept money gifts and expend the same for
such purposes.
H. Future assignment of powers and duties. The commission shall have,
in addition to the powers, authority and duties granted to it by this
By-Law, such other powers, authority and duties as may be delegated
or assigned to it from time to time by vote of the Town Meeting.
Meetings of the commission shall be held at the call of the
Chairperson and shall be called at the request of two members of the
commission and in such other manner as the commission shall determine
in its rules. A majority of the members of the commission shall constitute
a quorum. The concurring vote of the majority of the members of the
commission shall be necessary to issue a certificate of appropriateness,
a certificate of nonapplicability or a certificate of hardship.
The superior court sitting in equity for the County of Bristol
shall have jurisdiction to enforce the provisions of this By-Law and
the determinations, rulings, and regulations issued pursuant thereto
and may, upon the petition of the Select Board or of the commission,
restrain by injunction violations thereof, and, without limitation,
such court may order the removal of any building, structure or exterior
architectural feature constructed in violation thereof, or the substantial
restoration of any building, structure or exterior architectural feature
altered in violation thereof, and may issue such other orders for
relief as may be equitable. Whoever violates any of the provisions
of this By-Law shall be punished by a fine of not less than $10 nor
more than $500. Each day during any portion of which a violation continues
to exist shall constitute a separate offense.
This By-Law may, from time to time, be amended in any manner
not inconsistent with the provisions of Massachusetts General Laws
Chapter 40C, by a two-thirds vote of a Town meeting, provided that
the substance of such amendment has first been submitted to the historic
district commission having jurisdiction over such district for its
recommendation and its recommendation has been received or 60 days
have elapsed without such recommendation.
In the event that any provision of this By-Law shall be held
to be invalid or unconstitutional by any court of competent jurisdiction
the remaining provisions shall continue in full force and effect.