Town of South Berwick, ME Article IV Certificates of Appropriateness

§ 84-8 When required; majority vote; building permit.

A. A certificate of appropriateness issued by the Commission shall be required for any of the following:

(1) Any change in exterior appearance of any building, structure, site or landmark in the historic district by addition, reconstruction, or alteration.

(2) 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) 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) Any alteration to an archeological site as defined by the Maine Historic Preservation Commission.

[Added 9-14-2009]

B. 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. 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]

§ 84-9 Application procedure.

A. 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. 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) 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) The owner's name and address, if different from the applicant's.

(3) The address or location of the property.

(4) The present use and zoning classification of the property.

(5) A brief description of the construction, reconstruction, remodeling, alteration, maintenance, demolition or moving, requiring the issuance of a certificate of appropriateness.

(6) 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) Photographs (snapshots) of the buildings involved and of immediately adjacent buildings.

(8) 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) 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.

§ 84-10 Administrative procedure.

A. 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. 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. 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. 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. 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. Amendment. An amendment to this chapter may be adopted by:

(1) The Town Council following the provisions of the Town Charter, Article II, Section  3, Subsection VI, if the amendment is initiated by the Town Council, Planning Board or Historic District Commission or property owner as provided in § 84-7B(1), (2), (3) and (5) as provided in this chapter.

(2) 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) 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.

§ 84-11 Standards of evaluation.

A. 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. 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) 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

[1] Editor's Note: See Ch. 140, Zoning.

(2) Width. The width of proposed buildings shall be compatible with adjacent buildings and reflect the characteristic rhythm of facades along the street. If the site is large, the mass of the facade can be broken into a number of smaller bays. (See Figure 11-2.)

Figure 11-2

(3) 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) 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) 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) 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) 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) 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.

[2] Editor's Note: See Ch. 140, Zoning.

(9) 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]

§ 84-12 Maintenance requirements.

A. 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. 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.