A.Â
A certificate of appropriateness issued by the Commission
shall be required for any of the following:
(1)Â
Any change in exterior appearance of any building,
structure, site or landmark in the historic district by addition,
reconstruction, or alteration.
(2)Â
New construction of a principal or accessory building
or structure visible from a public street where such building or structure
will be located in an historic district. This also includes signs,
walls and fences.
(3)Â
Any demolitions or removals of buildings or structures
in the historic district, or the B1, B2, or BR zoning districts.
[Added 8-14-2000; amended 9-14-2009]
(4)Â
Any
alteration to an archeological site as defined by the Maine Historic
Preservation Commission.
[Added 9-14-2009]
B.Â
A majority vote of at least three regular members
of the Commission shall be required to issue a certificate of appropriateness.
[Amended 9-14-2009]
C.Â
In the historic district, B1, B2, or BR zoning districts,
the Code Enforcement Officer shall not issue a building permit for
any construction, alteration, demolition or removal until a certificate
of appropriateness has been issued by the Historic District Commission.
[Amended 8-14-2000; 9-14-2009]
A.Â
Applications for a certificate of appropriateness
may be obtained from the Code Enforcement Officer. Completed applications
shall be submitted to the Code Enforcement Officer, who shall promptly
transmit them to the Commission for consideration. When the Commission
acts on the application, it shall be returned to the Code Enforcement
Officer.
B.Â
The application shall state the location, use and
the nature of the matter for which such certificate is sought and
shall contain at least the following information or documentation
unless any items are waived by the Commission.
(1)Â
The applicant's name, address and interest in the
property, such as owner or lessor. The application and all exhibits
shall be dated at the time of submission to the Code Enforcement Officer.
(2)Â
The owner's name and address, if different from the
applicant's.
(3)Â
The address or location of the property.
(4)Â
The present use and zoning classification of the property.
(5)Â
A brief description of the construction, reconstruction,
remodeling, alteration, maintenance, demolition or moving, requiring
the issuance of a certificate of appropriateness.
(6)Â
A drawing or drawings indicating the design, texture,
color (example: shingles) and the location of any proposed alteration
or new construction for which the certificate is required. As used
herein, "drawings" shall mean plans and exterior elevations drawn
to scale, with sufficient detail to show, as far as they relate to
exterior appearances, the architectural design of the buildings, including
materials and textures, including samples of any brick, shingles or
siding proposed to be used. Drawings shall be clear and drawn to scale.
(7)Â
Photographs (snapshots) of the buildings involved
and of immediately adjacent buildings.
(8)Â
A site plan indicating any proposed changes involving
walls, walks, accessory buildings, signs and outdoor light fixtures,
including all exterior equipment and appurtenances located on the
roof, in the walls and on the ground.
(9)Â
A description of the project which shall include a
statement as to why the structure or building to be demolished does
not contribute to the district, site or landmark.
A.Â
Notice to owner. Within 15 days after the filing of
an application for a certificate of appropriateness, the Commission
shall inform the following persons by mail of the application and
meeting date: the applicant, owners of abutting property, the Old
Berwick Historical Society and the Commission's consultants and professional
advisors, if any. For purposes of this notice, the owners of property
shall be considered to be those against whom taxes were assessed on
the prior April 1. Failure of any person to receive notices shall
not necessitate another hearing or invalidate any action by the Commission.
The placement or replacement of business signs is exempt from this
requirement.
[Amended 9-14-2009]
B.Â
The South Berwick Code Enforcement Officer will promptly
advise the Historic District Commission of all activities which he/she
is or becomes aware of that come within the areas of responsibility
assigned to the Commission by the chapter.
C.Â
Hearing. At the request of the applicant or any other person receiving notice under § 84-10A above or where the Commission deems it necessary, a public hearing or hearings on the application shall be conducted by the Commission. Written comments from interested persons shall be accepted in the event that a hearing is not held.
D.Â
Action. The Commission shall determine whether the
proposed construction, reconstruction, alteration, moving or demolition
is appropriate or inappropriate within 30 days of the public hearing
or within 45 days of the receipt of the completed application, whichever
comes first. If the Commission determines the proposal is appropriate,
it shall immediately approve a certificate of appropriateness and
return it to the Code Enforcement Officer for issuing of the necessary
permits. If the Commission determines that a certificate of appropriateness
should not be issued, it shall advise the applicant, in writing, through
the Code Enforcement Officer, of any changes which would secure the
approval of the Commission and withhold denial for 30 days, in order
that the applicant may adopt such proposed changes. The Code Enforcement
Officer shall notify the applicant of the decision and furnish him
a copy of the reasons and the recommendations, if any, as appearing
in the records of the Commission.
E.Â
Appeals jurisdiction. The Zoning Board of Appeals
established in accordance with Title 30-A M.R.S.A. Sections 2691 and
4353 may, upon written application of an aggrieved party and after
public notice, hear appeals from determinations of the Historic District
Commission or from the Code Enforcement Officer in the administration
of this chapter.
[Amended 12-18-1989]
F.Â
Amendment. An amendment to this chapter may be adopted
by:
(2)Â
A special Town meeting following the provisions of the Town Charter, Article VIII, Section 2, if the amendment was initiated by a written petition in accordance with § 84-7B(4) above.
(3)Â
In either case, the Town Council shall hold a public hearing on the proposed amendment as required by Article VIII, Section 2, or by Article II, Section 11, of the Town Charter. The Planning Board and the Historic District Commission shall report its recommendation regarding the proposed amendment at the public hearing.
A.Â
The standards and requirements contained in this section
and in the United States Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitation Historic Buildings,
1992 Revision, shall be used in review of applications for certificates
of appropriateness and specifically as to procedures before demolition
can take place. Design considerations and structural factors related
to maintaining historic structures in good condition shall be the
Commission's primary areas of focus. (A copy of the United States
Secretary of the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitation Historic Buildings is available in the Town Clerk's
office.)
[Amended 9-14-2009]
B.Â
Visual compatibility factors. Within the historic
district, new construction and existing buildings and structures,
including additions, which are moved, reconstructed, materially altered,
repaired or changed through new exterior surfaces shall be visually
related, generally in terms of the factors below. Although a new building
may be different in its shape or style, its relative proportions should
match those of its neighbors.
(1)Â
Height. The height of proposed building shall be compatible
with adjacent buildings within 20% of the existing average height.
(See Figure 11-1.) This section is an additional restriction on building
heights to those of the South Berwick Zoning Ordinance.[1]
Figure 11-1
|
(3)Â
Window proportions. The window proportions (height
versus width) shall be visually compatible with those of other windows
in the same building and in other adjacent historic buildings of the
same period. In the case of large plate glass display windows on a
ground floor, the large surface of glass can be divided into a number
of smaller panes consistent with shop front windows of the historical
period which the building represents or, in the case of new buildings,
compatible with the window size of adjacent historic buildings, where
appropriate. Also, the ratio of window area to solid wall shall be
similar to those on surrounding facades. Rhythms which carry throughout
the block should be incorporated into new facades. Window pane sizes
and proportions should be contemporary with the building. (See Figure
11-3.)
Figure 11-3
|
(4)Â
Roof forms. The roof pitch employed on new buildings
shall be similar to those found on adjacent buildings. If a gable-type
roof, its orientation to the street shall be the same as in neighboring
buildings. Roofing materials shall be consistent with that of adjacent
structures in color, type, material or a compatible substitute which
is historically accurate.
(5)Â
Directional expression or mood. Alterations shall
respect the directional expression of the original building and new
construction shall be related harmoniously to its immediate neighbors.
"Directional expression" refers to the basic vertical or horizontal
design emphasis, while most colonial buildings of the late 1700s and
early 1800s are nondirectional. (See Figure 11-4.)
Figure 11-4
|
(6)Â
Materials and textures. New construction shall utilize
materials and textures which are visually compatible with adjacent
facades. If there is a predominant material in the immediate area,
it shall be used. Many different materials on a single structure or
closely related group of structures can lead to visual confusion and
a chaotic appearance. Alterations and new buildings should not stand
out against the others, if the harmony of a traditional New England
village streetscape is to be maintained. Matching materials and strength
and continuity to street facades. Alterations to an existing building
shall simulate as closely as possible the color and texture of that
building. This is especially important in brickwork. (So-called "used
brick" shall generally be avoided if it includes any painted bricks.)
Mortar color and thickness of joint shall match those of the original
building.
(7)Â
Details. All existing architectural details shall
be maintained to the fullest extent practicable. When removal is unavoidable,
replacement with similar features shall be encouraged. Although exact
replication is often not possible or economically feasible, a simpler
feature made of traditional materials can be appropriate. Poor or
cheap imitations made of synthetic material shall be avoided, especially
when not in scale or in the same architectural tradition. Details
may include cornices; frames and moldings around windows, doors and
building corners; lintels; arches; wrought iron work; chimneys, etc.
Any substitutions must be approved by the Historic District Commission.
[Amended 9-14-2009]
(8)Â
Signs. In addition to the dimensional requirements
for signs contained in the Zoning Ordinance,[2] all new or replacement signs located within the historic
district shall be made from wood or metal, and all new sign illumination
shall be from shielded external sources directed onto the sign to
avoid glare. Signs which are attached to or parallel with the facade
shall be located only between the top of the ground floor windows
and the bottom of the second floor windows to maintain an orderly
appearance, adding strength to the appearance of the district as a
whole.
(9)Â
Demolition approval criteria. The criteria for approving
proposals to demolish any building, historic site or landmark within
the historic district or to demolish or remove any building within
the B1, B2, or BR zoning district are that a sixty-day public notice
period be declared by the Historic District Commission immediately
after receiving a demolition proposal from any property owner, at
any regular or specially scheduled meeting of the Commission. At the
end of this sixty-day period, demolition criteria shall be deemed
met, and the Commission shall then issue a certificate of appropriateness
to demolish the building(s) or landmark(s) or to relocate the building(s)
or landmark(s) if a willing buyer who is able to finance the costs
of purchase and removal has been found. In addition to providing an
opportunity for buildings or landmarks to be relocated rather than
demolished, the sixty-day period also allows time for the Commission
to make a photographic survey of the building(s) interior and exterior
or landmark(s) and to examine alternative ways to meet the owner's
needs (such as by replacing interior walls and floors or demolishing
everything except the street-front facade). The owner or applicant
for a demolition proposal shall be required to meet with the Commission
to discuss any such alterations.
[Amended 8-14-2000; 9-14-2009]
A.Â
Ordinary maintenance permitted. Nothing in this chapter
shall be interpreted to prevent the ordinary maintenance or repair
of any exterior feature of any structure, site or landmark in the
district which does not involve a change in the design, material or
appearance.
B.Â
Essential maintenance required. Owners of buildings
within the historic district shall not permit their properties to
fall into a serious state of disrepair which may result in deterioration
of any exterior architectural feature so as to produce, in the judgment
of the Commission, a detrimental effect upon the character of the
historic district or the structure in question or which could lead
to a claim that demolition is necessary for public safety. This basic
maintenance requirement applies to exterior walls and other vertical
supports, roof and other horizontal members, exterior chimneys and
waterproofing of exterior walls, roofs and foundations, including
broken windows and doors.