[Adopted 10-2-1979]
Historic districts may be established in the
City of Chicopee in accordance with MGL c. 40C.
A.
An Historic District Commission shall be established
in conjunction with the establishment of an historic district in accordance
with MGL c. 40C, consisting of five members and three alternate members
to be appointed by the Mayor and confirmed by the City Council.
[Amended 9-1-2009]
B.
When an Historic District Commission is initially
established, one member shall be appointed for a term of one year,
two members shall be appointed for terms of two years, two members
shall be appointed for terms of three years, and their successors
shall be appointed in like manner for terms of three years, beginning
on the first day of October.
C.
Membership of the Historic District Commission shall
be made up as follows:
(1)
One member from two nominees submitted by the Chicopee
Historical Commission.
(2)
One member from two nominees submitted by the Western
Massachusetts Chapter of the American Institute of Architects.
(3)
One member from two nominees submitted by the Greater
Holyoke/Chicopee Real Estate Board.
(4)
At least one member who is a resident of the Historic
District.
(5)
One additional member without designation.
The Historic District Commission shall have
the power to control and regulate the exterior architectural features
of buildings within the district, including any demolition or construction
within the district.
No building permits shall be issued nor shall
any exterior features be altered without a certificate of appropriateness,
nonapplicability or hardship. A certificate of appropriateness is
issued for those changes which are in conformance with the guidelines
and/or are acceptable for the district. A certificate of hardship
is issued for those changes which are not appropriate but which may
be necessary due to economic, physical, social or other special conditions.
A certificate of nonapplicability is issued for those changes which
affect features not controlled by the Commission. To obtain a certificate,
any person shall file with the Commission 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, to enable the Commission to make a determination
of the application.
If the Commission determines that the construction
or alteration for which a certificate of appropriateness has been
filed is appropriate for and compatible with the preservation of the
historic district, the Commission shall issue the certificate of appropriateness.
In the case of disapproval, the Commission shall place upon its records
the reasons for such determination and shall issue a notice of its
determination and reasons as set forth in the records of the Commission
to the applicant. The Commission may make recommendations to the applicant
with respect to appropriateness of design, arrangement, texture, material
and similar features. Prior to the issuance of any disapproval, the
Commission shall 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 receipt of such notice, the applicant files a written
notification of original application in conformity with the recommended
change of the Commission, the Commission shall issue a certificate
of appropriateness.
In the case of a determination by the Commission
that an application for a certificate of appropriateness or nonapplicability
does not involve any exterior architectural feature or involves an
exterior architectural feature not subject to review by the Commission,
the Commission shall issue a certificate of nonapplicability to the
applicant.
If the construction or alteration for which
an application for certificate of appropriateness has been filed shall
be deemed 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 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 article. 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 and derogation, or,
in the event of failure to make a determination on an application
within the specified time, the Commission shall issue a certificate
of hardship.
The Commission shall consider the historic and
architectural value and significance of the site, the building, the
general design arrangement, texture, material and color of the features
involved and the relation of such features to buildings and structures
in the surrounding area. In the case of new construction or additions
to existing buildings, the Commission shall consider the appropriateness
of size and shape of the building in relation to the land area upon
which the structure is situated and to buildings and structures in
the vicinity. The Commission shall not consider interior arrangements
or architectural features not subject to public view. The Commission
shall not make any recommendations or requirements except for the
purpose of preventing developments incongruous to the historic aspects
or architectural characteristics of the surroundings and of the historic
district.
Each certificate issued by the Commission shall
be dated and signed by its Chairman.
Nothing in this article shall be construed to
prevent the ordinary maintenance, repair or replacement of any exterior
architectural features within an historic district which does not
involve a change in design, material, color or outward appearance
there nor shall it be construed to prevent the meeting of requirements
of a duly authorized public officer to be necessary for public safety
because of an unsafe situation or alteration under a permit duly issued
prior to the effective date of the applicable historic district ordinance.
A.
Meetings of the Commission shall be held at the call
of the Chairman and shall be called at the request of two members
of the Commission. A majority of the members constitute a quorum.
The concurring vote of a majority of the members of the Commission
shall be necessary to issue a certificate of the appropriateness,
a certificate of nonapplicability and a certificate of hardship.
B.
A public hearing is required for all applications
for a certificate of hardship or a certificate of appropriateness.
A certificate of nonapplicability may be issued by the Historic District
Commission without a public hearing. The determination of whether
or not to issue a certificate of nonapplicability must be made within
14 days of the application. If an application for a certificate of
nonapplicability is not issued by the Historic District Commission,
a public hearing shall be held. The Historic District Commission shall
fix a reasonable time for the hearing on any application and shall
give public notice of the time, place and purpose thereof at least
14 days before said hearing in a newspaper of general circulation
in the City of Chicopee. Notice of the hearing shall be mailed to
the owners of all adjoining property, to include property within 300
feet of the property line within the historic district boundaries
and other property deemed by the Commission to be materially affected
thereby, as they appear on the most recent real estate tax list of
the Board of Assessors; to the Planning Board of the City of Chicopee;
to any person filing written request for notice of hearings, such
requests to be renewed yearly in December; to the Chicopee Historical
Commission; and to such other persons as the Historic District Commission
shall deem entitled to such notice.
[Amended 2-16-1993 by Ord. No. 93-3]
C.
As soon as convenient after such public hearing but
in any event within 60 days after the filing of the application or
within such further time as the applicant may allow in writing, the
Commission shall make a determination of the application. If the Commission
shall fail to make a determination within such period of time, the
Commission shall thereupon issue a certificate of hardship.
D.
A public hearing on an application 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 may be waived
by the Commission if the Commission determines that the exterior architectural
feature involved or its category or color, as the case may be, is
so insubstantial in its effect on the historic district that it may
be reviewed by the Commission without public hearing on the application;
provided, however, that if the Commission dispenses with a public
hearing on an application, notice of the 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.
Any applicant aggrieved by a determination of
the Commission may, within 20 days after the filing of the ordinance
of such determination with the City Clerk, file a written request
with the Historic District Commission for a review by a person or
persons of competence and experience in such matters as designated
by the Lower Pioneer Valley Regional Planning Commission.
A.
The Commission shall keep a permanent record of its
resolutions, transactions and determinations and the vote of each
member participating therein. The Commission may adopt and amend rules
not inconsistent with MGL c. 40 and prescribe such forms as it shall
deem desirable and necessary for the regulation of its affairs and
conduct of its business. The Commission shall file a copy of any such
rules with the City Clerk.
B.
The Commission shall file with the City Clerk all
notices of its certificates and determinations of disapproval issues.
C.
All maps of historic districts shall be kept on file
in the Department of Planning and Development.
A Commission may, after public hearing, set
forth in such a manner as it may determine the various designs of
certain appurtenances, such as light fixtures, which will meet requirements
of an historic district and a roster of certain colors of paint and
roofing materials which will meet requirements of an historic district,
but no such determination shall limit the right of an applicant to
present other designs or colors to the Commission for approval.
A.
The Commission may administer on behalf of the City
any properties or easements, restrictions or other interests in real
property within the district which the City or town may have or may
accept as gifts or otherwise and which the City may designate the
Commission as administrator thereof.
B.
The Commission shall have, in addition to the powers,
authority and duties granted by this article and MGL c. 40C, such
other powers, authority and duties as are delegated or assigned by
vote of the City Council.
[Amended 9-1-2009]
