Town of Northbridge, MA MULTIPLE-MEMBER BODIES

The Council on Aging shall:

Identify the needs of the community's elderly population.

Educate the community and enlist the support and participation of all Town residents concerning these needs.

Design, promote and implement services to fill these needs or coordinate present, existing services in the community.

Promote and support any other programs which are designed to assist elderly people in Northbridge.

Cooperate with the Commonwealth of Massachusetts Office of Elderly Affairs and be cognizant of all state and federal legislation concerning funding, information exchanges and programming which exist for the elderly.

[Amended 10-24-2006 ATM, Art. 23]

File an annual report with the Board of Selectmen, and the Commonwealth of Massachusetts Office of Elderly Affairs.

[Amended 10-24-2006 ATM, Art. 23]

Interrelationships.

[Amended 10-24-2006 ATM, Art. 23]

Board of Selectmen: The Council on Aging consults with the Board of Selectmen in developing policies concerned with the issues and needs facing the elderly within the Town.

Town Manager: The Town Manager provides administrative staff support to the Council on Aging. The Council on Aging advises the Senior Services Director concerning program and supportive service delivery as well as financial management issues.

[Amended 10-25-2011 ATM, Art. 7]

§ 4-302 Appeals, Zoning Board of.

Establishment. The Zoning Board of Appeals consists of five members and four associate members. (See § 173-46 of Northbridge Zoning Bylaw.)

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment; term of office. The regular members of the Zoning Board of Appeals are appointed by the Board of Selectmen for terms of five years each, so arranged that the term of one member shall expire each year. The alternate members of the Board of Appeals are appointed for terms of four years each so arranged that the term of one member will expire each year.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities.

The Board of Appeals for zoning hears and decides individual cases brought by persons seeking land use relief; all as provided for in MGL c. 40A, §§ 7, 9 and 17, and the zoning bylaws of the Town. The Board of Appeals for zoning is an advisory and regulatory body of the Town.

The Board acts as a Board of Appeals on matters of subdivision control under the applicable sections of MGL c. 41, §§ 81M, 81Y, 81Z, 81AA and 81BB; and decides on comprehensive permits pursuant to the provisions of MGL c. 40B, §§ 20 - 23.

Interrelationships.

[Amended 10-24-2006 ATM, Art. 23]

Board of Selectmen: The Zoning Board of Appeals consults with the Board of Selectmen in the matter of developing policies concerning the administration of the Zoning Bylaw.

Town Manager: The Town Manager provides clerical and professional assistance to the Board to enable it to effectively administer the Zoning Bylaw.[1]

Editor's Note: See Ch. 173, Zoning.

Other town agencies: The Zoning Board of Appeals hears appeals of decisions made by the Building Inspector. The Zoning Board of Appeals also consults with the Planning Board, Conservation Commission, Board of Health, Historical Commission, Development and Industrial Commission, the Licensing Authority and the Building Inspector.

§ 4-303 Assessors, Board of.

[Amended 10-24-2006 ATM, Art. 23]

Establishment. The Board of Assessors consists of three members. (See MGL c. 41, §§ 24 to 30B and c. 59, generally.)

Mode of appointment. The Board of Assessors is appointed by the Board of Selectmen.

Authorities and responsibilities. The Board of Assessors shall annually make a fair cash valuation of all of the property, both real and personal, subject to taxation within the Town. The Board of Assessors annually determines the annual tax rate necessary to meet all sums voted by the Town. It hears and decides all questions relating to the abatement of taxes levied by it. The Board of Assessors has all of the other powers, duties and responsibilities which are given to Assessors by law. The Board of Assessors is an advisory and regulatory committee of the Town.

Interrelationships.

Board of Selectmen: The Board of Assessors annually provides the Board of Selectmen with the necessary classification rate information for the holding of classification hearings, including exemption recommendations, and advises the Board of Selectmen on legislative and policy matters concerning valuation, classification, abatements and otherwise.

Town Manager: The Town Manager provides the clerical and professional assistance the Board requires to perform its duties. The Board of Assessors interacts with the Town Manager and the administrative organization primarily for the purpose of obtaining clerical and professional assistance to perform the administrative functions necessary to implement the Board of Assessors' determinations. The Town Manager otherwise provides support as requested or required by law. The Town Manager also appoints a principal appraiser after consultation with the Board. The Board of Assessors provides information to the Planning Board, Zoning Board of Appeals and other town boards as required by law.

§ 4-304 Building, Planning and Construction Committee.

[Amended 5-4-1999 ATM, Art. 16; 10-24-2006 ATM, Art. 23; 10-25-2011 ATM, Art. 7]

Establishment. The Building, Planning, and Construction Committee consists of seven members.

Mode of appointment. Three members shall be appointed by the Board of Selectmen for terms of three years each, so arranged that the term of one such appointee shall expire each year, and three members shall be appointed by the Town Moderator for terms of three years each, so arranged that the term of one such appointee shall expire each year. The seventh member shall be appointed by the School Committee for a term of three years. The appointee of the School Committee shall be a member of the School Committee or its designee. If the appointee of the School Committee is a member of the School Committee and ceases to be a member of the School Committee during his/her term, such appointee's term on the Committee shall be deemed to be automatically terminated as a result on the date thereof, and the School Committee shall appoint a successor to serve for the remainder of such term. The Committee shall include in its membership a registered professional engineer or an architect, an attorney, and a person employed in the construction industry or a related trade or profession.

Authorities and responsibilities.

The Building, Planning and Construction Committee is responsible for surveying the growth needs of the Town, the needs of the community and the physical condition of all municipal buildings and other facilities. The Committee shall meet from time to time with representatives of all municipal agencies to determine the need for additions or renovations to any existing buildings or for the construction of new buildings or any other facilities for the Town, and to determine the appropriate sites for such buildings and facilities.

When capital improvement projects are approved as provided in Subsection D, the Building, Planning, and Construction Committee is responsible for recommendations for the awarding of all contracts associated with said projects. The Building, Planning, and Construction Committee is also responsible for all work associated with said projects, which will include site planning, preliminary architectural plans, drawings, and construction supervision. At a regular scheduled Board of Selectmen meeting, the Town Manager will award all contracts relating to capital projects. The Building, Planning, and Construction Committee will present a bimonthly report to the Board of Selectmen at one of the Board of Selectmen's regularly scheduled meetings to update the Board on the status of such projects.

All horizontal projects, which are considered to consist of roadways, bridges, sidewalks, underground and overhead utilities including related pump stations and other types of infrastructure, will come under the jurisdiction of the Department of Public Works (DPW). Horizontal construction, commonly referred to as "public works," is governed under MGL c. 30, § 39M. The DPW shall submit to the Building, Planning, and Construction Committee copies of its approved projects for review. The DPW Director or his/her designee shall give a written and/or oral bimonthly report on the status of such projects to a joint meeting of the Board of Selectmen and the Building, Planning, and Construction Committee.

Interrelationships.

By October 1 of each year all departments shall submit to the Building, Planning, and Construction Committee any capital requests, which would include the need for additions or renovations to existing buildings or for the construction of new buildings or any other facilities for the Town, whether funded by general revenue, borrowing, enterprise funds, grants, or otherwise.

The Building, Planning, and Construction Committee shall submit an updated prioritized five-year capital improvement plan based on the requests received from all departments to the Town Manager by the following December 1. The Building, Planning, and Construction Committee shall consult with the Finance Committee and municipal finance officials to compile financial data in support of the draft to be submitted to the Town Manager.

Pursuant to Section 6-7 of the Town Charter, the Town Manager shall submit a capital improvement and financial plan to the Board of Selectmen and the Finance Committee by February 1 of each year. These plans shall come specifically from the Building, Planning, and Construction Committee draft.

The Board of Selectmen, along with the Finance Committee, will review the capital improvement plan submitted by the Town Manager. Following this review, the Board of Selectmen will draft articles for the recommended projects for the Fall Annual Town Meeting.

§ 4-305 Cable Television Advisory Committee.

Establishment. The Cable Television Advisory Committee consists of seven members.

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment. The members of the Cable Television Advisory Committee are appointed by the Board of Selectmen.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities.

The Cable Television Advisory Committee advises the Board of Selectmen and Town Manager on matters relating to the licensing and supervision of a contract for cable television services in the town consistent with MGL c. 166A. Consistent with the cable television contract, the Cable Television Advisory Committee may be designated by the Town Manager to exercise certain authorities under the contract.

The Cable Television Advisory Committee acts as a sounding board for citizen complaints and suggestions relating to the cable television services and shall, under the direction of the Town Manager, refer subscriber complaints to the cable operator for appropriate resolution. The Cable Television Advisory Committee meets not less than once each quarter for the purpose of reviewing cable contract compliance, and advising on other licensing matters. The Cable Television Advisory Committee is an advisory committee of the Town.

Interrelationships.

[Amended 10-24-2006 ATM, Art. 23]

Board of Selectmen: The Cable Television Advisory Committee advises the Board of Selectmen on matters relating to issues and policies concerning cable television matters.

Town Manager: The Cable Television Advisory Committee meets regularly with the Town Manager, and provides advice, information and recommendations in the matter of licensing for the cable contract. The Cable Television Advisory Committee interacts with the Town Manager and the administrative organization primarily for the purpose of obtaining clerical and professional assistance to enable it to perform its functions, in order to efficiently manage the cable license.

§ 4-306 Bylaw Review Committee. [1]

The Bylaw Review Committee is appointed periodically as required by the Charter. The term of office shall be from October 1 in a year ending in one or six to no later than the Fall Annual Town Meeting in the succeeding year at which their report is presented as required by Section 7-8(b), Bylaw Review, of the Northbridge Town Charter.

[Amended 5-1-2018 ATM, Art. 24]

The Board of Selectmen may, at their discretion and for reasons beyond their control which cause an unavoidable delay in completion of the bylaw review, extend the term of the Bylaw Review Committee for a period of no longer than six months.

Editor's Note: Former § 4-306, Capital Planning Committee, was repealed 5-4-1999 ATM, Art. 16.

§ 4-307 Conservation Commission.

Establishment. The Conservation Commission consists of seven members (MGL c. 40, § 8C).

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment. The members of the Conservation Commission are appointed by the Board of Selectmen.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities.

The purpose of the Conservation Commission is to protect, promote and enhance the quantity and quality of the natural resources within the Town, especially wetlands, wildlife and water resources, through planning, acquisition, land management, regulation, scientific research and public education. The Conservation Commission may conduct researches into local land areas and shall seek to coordinate the activities of unofficial bodies organized for similar purposes. The Conservation Commission is an advisory and regulatory committee of the Town.

[Amended 10-24-2006 ATM, Art. 23]

The Conservation Commission may receive gifts, bequests or devises of personal property or interests in real property in the name of the Town, subject to approval of the Board of Selectmen. The Conservation Commission may also receive monetary gifts for deposit to a Conservation Gift Account, and expend the same, subject to the General Laws and the approval of the Board of Selectmen.

[Amended 10-24-2006 ATM, Art. 23; 10-25-2011 ATM, Art. 7]

The Conservation Commission is responsible for the implementation of the provisions of MGL c. 131, § 40, in protecting floodplains, water bodies and other wetlands within the Town, and the wetlands protection and aquifer protection provisions of the Town bylaws.

The Conservation Commission is responsible, with the Recreation Commission, for development and adoption of the town's Open Space and Recreation Plan, subject to Board of Selectmen approval. The Conservation Commission may adopt policies and promulgate land management plans for properties of the town reserved for conservation purposes.

Interrelationships.

Board of Selectmen: The Conservation Commission consults with the Board of Selectmen for the purposes of developing policies and proposed legislation for the town designed to protect, promote and enhance the quantity and quality of the natural resources within the Town.

[Amended 10-24-2006 ATM, Art. 23]

Town Manager: The Conservation Commission interacts with the Town Manager in all matters relating to the receipt of gifts, bequests or devises of personal property or interests in real property in the name of the Town. Administrative support to the Conservation Commission is primarily through the Town Manager who, in addition, coordinates the activities of other administrative departments in order to ensure effectiveness of the Conservation Commission's decisions.

Other town agencies: The Conservation Commission consults with the Planning Board, Zoning Board of Appeals, the Board of Health and the Historical Commission, as required to accomplish the Commission's mission.

[Amended 10-24-2006 ATM, Art. 23]

§ 4-308 Contributory Retirement Board.

Establishment. The Contributory Retirement Board consists of five members. [Note: See MGL c. 32, § 20(4)(b).]

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment; selection. The Town Accountant shall serve, ex officio, as a member of the Board, one member shall be appointed by the Board of Selectmen; two members shall be elected by the members in or retired from the service of such system from among their number, and the fifth member, who shall not be an employee or official of the Town of Northbridge, shall be chosen by the other members. The terms of all members shall be for three years.

Authorities and responsibilities. The Contributory Retirement Board has the powers and duties provided in MGL c. 32, § 20(5) and shall be responsible for the management of the retirement system for the Town, subject to the requirements of MGL c. 32 and to the oversight of the Commissioner of Public Employee Retirement as provided in MGL c. 32, § 21, and otherwise.

[Amended 10-24-2006 ATM, Art. 23]

§ 4-309 Cultural Council.

Establishment. The Cultural Council consists of seven members. (See MGL c. 10, § 58.)

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment. The members of the Cultural Council are appointed by the Board of Selectmen. No member shall serve more than two consecutive terms. Members shall have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities or interpretive sciences.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities. The Cultural Council shall decide the manner of distribution of arts lottery funds or other funds that may be available to it and may also conduct other activities to promote and encourage the arts, humanities or interpretive sciences. The Cultural Council shall operate pursuant to the provisions of MGL c. 10, § 58. The Cultural Council is an advisory and ministerial body of the Town.

Interrelationships.

Board of Selectmen: The Cultural Council interacts with the Board of Selectmen for the purpose of discussing policies and programs designed to promote and encourage the arts within the Town.

Town Manager: The Cultural Council interacts with the Town Manager for the purpose of receiving administrative support, financial assistance, utilization of property for the purpose of sponsoring art exhibits, displays and related administrative activities.

§ 4-310 Disability Commission.

[Amended 10-24-2006 ATM, Art. 23]

Establishment. The Disability Commission consists of five members. (See MGL c. 40, § 8J.)

Mode of appointment. The members of the Disability Commission are appointed by the Board of Selectmen. A majority of the persons appointed shall consist of persons with disabilities; one member may be a member of the immediate family of a person with a disability, and one member shall be an employee of the Town. The Disability Commission may appoint two alternates.

Authorities and responsibilities. The Disability Commission researches local problems of people with disabilities, advise and assist municipal officials and employees in ensuring compliance with state and federal laws and regulations that affect people with disabilities, coordinate or carry out programs designed to meet the problems of people with disabilities in coordination with programs of the Massachusetts Office on Disability, review and make recommendations about policies, procedures, services, activities and facilities of departments and boards of the town as they affect people with disabilities, provide information, referrals, guidance and technical assistance to individuals, public agencies, businesses and organizations in all matters pertaining to disability, and coordinate the activities of other local groups organized for similar purposes. The Commission may draft rules and regulations concerning disabled persons' needs and issues, for adoption by the Town Manager and Board of Selectmen. The Commission may receive gifts of property, both real and personal, in the name of the Town, subject to approval of the Board of Selectmen, such gifts to be managed and controlled by the Commission. The Disability Commission is an advisory and ministerial body of the Town.

Interrelationships.

Board of Selectmen: The Disability Commission consults with the Board of Selectmen to advise it on policies designed to meet the needs of the disabled and keep it informed of new developments in state and federal laws and regulations relating to the disabled.

Town Manager: The Disability Commission consults with the Town Manager to ensure that town programs and activities, as well as facilities, serve the disabled, and come into compliance with state and federal standards. The Commission receives administrative support through the Town Manager.

Other town agencies: The Disability Commission interacts with the Planning Board, Zoning Board of Appeals, Conservation Commission, Board of Health, Historical Commission, Building, Planning and Construction Committee, Northbridge Housing Authority, and others as necessary, or needed, to assure compliance with relevant laws, rules and regulations concerning disabled persons.

§ 4-311 Health, Board of.

Establishment. The Board of Health consists of five members, one of whom shall be a health care professional. (See MGL c. 111, §§ 26 to 32.)

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment. The members of the Board of Health are appointed by the Board of Selectmen.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities.

The Board of Health seeks to preserve and maintain the town's public health standards and protect its environmental resources by educational means and by strict enforcement of various regulations, bylaws, State Health Codes (CMR), General Laws, in particular MGL c. 111, and federal law. The Board of Health carries out duties and responsibilities assigned by either state or local legislation, as these primarily concern public health standards and protection of environmental resources. The Board of Health establishes policies and programs for implementation by the Health Department. The Board of Health is an advisory and regulatory committee of the Town.

No town agency, board, commission or officer shall enter into an agreement with a private vendor, the purpose of which would be to provide for town-wide residential trash collection services; however, nothing in this subsection shall limit in any way the authority of the Board of Health, under state law, to regulate the issuance of solid waste collection permits as it deems to be in the town's best interest.

Interrelationships.

Board of Selectmen: The Board of Health provides the Board of Selectmen with all needed or required information concerning issues related to the public health in the Town.

[Amended 10-24-2006 ATM, Art. 23]

Town Manager: The Town Manager will ensure that the Board's administrative staff in the Health Division carries out its rules, regulations and decisions. The Manager must meet periodically with the Board of Health so as to ensure that administrative staff support is effective.

[Amended 10-24-2006 ATM, Art. 23]

Other town agencies: As necessary, the Board of Health interacts with other boards within the town on issues of concern to the public health, including the School Department, the Planning Board, Conservation Commission, the Northbridge Housing Authority, the Historical Commission, the Development and Industrial Commission and the Licensing Authority.

§ 4-312 Historical Commission.

Establishment. The Historical Commission consists of seven members. (See MGL c. 40, § 8D.)

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment. The members of the Historical Commission are appointed by the Board of Selectmen.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities.

The purpose of the Historical Commission is to preserve, protect and develop the historical and archaeological assets of the Town. The Historical Commission may conduct research for places of historic and archaeological value, and shall cooperate with the State Archaeologist in conducting such research. The Historical Commission seeks to coordinate the activities of unofficial bodies organized for similar purposes and may, subject to appropriation and approval by the Town Manager, advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which it deems necessary for its work.

The Historical Commission, for the purpose of protecting and preserving such places, may make such recommendations as it deems necessary to the Board of Selectmen, and, subject to the approval of the Board of Selectmen, to the Massachusetts Historical Commission, that any such place be certified as an historical or archaeological landmark.

The Historical Commission may hold hearings, may recommend to the Town Manager execution of contracts with individuals, organizations and institutions or services furthering the objectives of their program, may recommend to the Town Manager execution of contracts with local or regional associations for cooperative endeavors furthering its program, and may with the approval of the Town Manager, accept gifts, contributions and bequests of funds from individuals, foundations and from federal, state or other governmental bodies for the purpose of furthering its programs. The Historical Commission may recommend to the Board of Selectmen acquisition of property by gift, purchase, grant, bequest, devise, lease or otherwise a fee or lesser interest in real or personal property of significant historical value and upon approval by the Town Manager, may be directed to manage the same, may make and execute any agreement and may do and perform any and all acts which may be necessary or desirable to carry out the purposes of this section.

The Historical Commission surveys and compiles a listing of all historical sites and buildings within the Town, public and private, determines the functions and structures of all historical organizations within the town and holds correlative seminars with historical organizations. It further determines the requirements for repair, reconstruction and protection of historical landmarks, assists and cooperates with public commissions in the conduct of public historical events. The Historical Commission is an advisory committee of the Town.

Interrelationships.

Board of Selectmen: The Historical Commission advises the Board of Selectmen on policies and legislation concerning the preservation, protection and development of historical or archaeological assets in the Town.

[Amended 10-24-2006 ATM, Art. 23]

Town Manager: The Town Manager interacts with the Historical Commission primarily for the purposes outlined in order to effectuate its activities, and/or acquisition of interests in historical properties within the Town. Administrative support is provided to the Commission through the Town Manager.

Other town agencies: The Historical Commission shall, with respect to matters or actions affecting the historical or archaeological assets of the Town, coordinate with state boards and agencies, including, but not limited to, the Massachusetts Historical Commission, the State Archaeologist, local and regional planning committees and interact with respect to such matters or actions with town agencies, including, but not limited to the Planning Board, Zoning Board of Appeals, Conservation Commission, Board of Health and the Northbridge Housing Authority, as necessary, in order to better coordinate the activities of these boards in instances where properties of either a historical or archaeological value are under consideration by these boards.

§ 4-313 Industrial Development Finance Authority and Commission.

Establishment. The Industrial Development Finance Authority and Commission consists of seven members. (See MGL c. 40, § 8A and c. 40D.)

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment. The members of the Industrial Development Finance Authority and Commission are appointed by the Board of Selectmen for terms of five years each. At least one member shall be experienced in financial matters, one in real estate matters and one in town government. The Industrial Development Finance Authority and Commission is an advisory and ministerial body of the Town.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities.

The Industrial Development Finance Authority and Commission is responsible for coordinating and approving industrial development projects for financing by means of tax exempt industrial development finance bonds. The Industrial Development Finance Authority and Commission acts pursuant to the provisions of MGL c. 40D. The Town, acting by and through its authority, and the Town Manager are authorized and empowered to borrow money in furtherance of the purposes of MGL c. 40D, and to evidence the same by the issuance of bonds.

The Industrial Development Finance Authority and Commission shall also serve as a development and industrial commission to provide advice and assistance relative to development of the town's economic resource base, and to provide assistance in the development of an economic development plan.

The Industrial Development Finance Authority and Commission advises and assists in development of specific economic development goals, establishes methods to foster cooperation among the private and public sectors, establishes methods to increase job opportunities for residents of the Town, establishes methods to assist existing businesses in their expansion needs, establishes methods to assist businesses locating in the town and establishes methods to determine the compatibility of certain businesses with the environment and character of the Town.

Interrelationships.

Board of Selectmen: The Industrial Development Finance Authority and Commission interacts with the Board of Selectmen on all matters concerning industrial development within the Town, and specifically to provide recommendations concerning development of the town's economic resources.

Town Manager: The Industrial Development Finance Authority and Commission interacts with the Manager for the purpose of seeking review and approval for programs and proposals it has made or intends to make on behalf of the Town. Administrative support is provided by the Town Manager.

Other town agencies: As necessary, the Industrial Development Finance Authority and Commission meets with the Planning Board, Zoning Board of Appeals, Conservation Commission, Board of Health, the Historical Commission and other town agencies in pursuit of economic development planning and coordination of efforts.

Regional agencies: As necessary the Industrial Development Finance Authority and Commission meets with other public and private agencies located in proximity to Northbridge which are also concerned with economic development matters.

§ 4-314 Licensing Authority.

Establishment. The Board of Selectmen shall serve as a Licensing Authority for the town pursuant to the provisions of MGL c. 138 and MGL c. 140, § 1.

Mode of appointment. The members of the Board of Selectmen shall serve by virtue of their office as the members of the Licensing Authority.

Authorities and responsibilities. The Licensing Authority may grant licenses relating to alcoholic beverages under Chapter 138 of the General Laws and those licenses under Chapter 140 of the General Laws which are not, by the provisions of said chapter, placed within the jurisdiction of another municipal officer or agency, and shall have all the powers and duties of a Licensing Authority under said chapters. The Licensing Authority is an advisory and regulatory body of the Town.

Interrelationships.

Board of Selectmen: The Board of Selectmen in its capacity as the Licensing Authority shall, annually, file a separate report listing all of its doings regarding licensing activities, with recommendations, as necessary, concerning issues relative to Chapter 138 and Chapter 140 licensing within the Town. A copy of this report shall be filed in the office of the Town Clerk.

Town Manager: The Town Manager provides the Licensing Authority administrative support for its deliberations and responsibilities. The Licensing Authority shall further discuss with the Manager budgetary issues and other related licensing issues of the Town.

[Amended 10-24-2006 ATM, Art. 23]

§ 4-315 Personnel Board.

Establishment. The Personnel Board consists of five members.

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment. The Personnel Board shall be appointed by the Board of Selectmen. At least two members of the Personnel Board shall be qualified by reason of experience in personnel administration.

Authorities and responsibilities.

A majority of the members of the Personnel Board constitute a quorum for the transaction of its business, but the affirmative vote of a majority of its membership shall be necessary for any official act of the Personnel Board.

[Amended 10-24-2006 ATM, Art. 23]

Except as otherwise provided by law, the Personnel Board shall have access to all facts, figures, records and other information relating to the personnel of town departments, and the same shall be furnished forthwith by the Town Manager whenever so requested by the Board in such form as said Board may require.

Personnel policy.

The Personnel Board, consistent with the Town Charter and applicable state and federal laws, shall develop and recommend a town personnel policy to be approved by the Board of Selectmen and administered by the Town Manager.

The town personnel policy shall encompass modern personnel practices, provide for equitable and fair treatment of town employees, reflect the town's commitment to equal employment opportunity and affirmative action and provide for a merit-based performance evaluation system; provided, further, that nothing in said policy shall infringe upon a department director's ability to supervise and discipline other employees subject to an appropriate appeal process to the Town Manager.

At a minimum, the policy shall consist of the following components:

Applicability to different classes of employees.

[2]

Recruitment and selection of employees.

[3]

Pay and classification plan.

[4]

Rules of conduct and hours of work.

[5]

Employee benefits.

[6]

Leaves of absence.

[7]

Maintenance of personnel records.

[8]

Disciplinary procedures.

[9]

Grievance hearing processes.

[10]

Federal and state required elements (e.g., ADA).

Before the Personnel Board makes any recommendations to the Board of Selectmen regarding the personnel policy, it shall hold a duly advertised public hearing at which employees and the public may have the opportunity to express their views with respect to any proposed amendments.

Upon receipt from the Personnel Board of a proposed change in the personnel policy, the Board of Selectmen shall place on its next available agenda the proposal for discussion, inviting the Personnel Board to attend. The Board of Selectmen may accept, reject or amend the proposal of the Personnel Board. The Town Manager shall be responsible for administration and enforcement of the personnel policy and any amendments thereof.

The Board of Selectmen and/or the Town Manager may at their own volition propose changes to the personnel policy by adhering to the following procedures:

A draft of the proposed policy change shall be sent to the Personnel Board for public hearing and recommendation to the Board of Selectmen.

[2]

The Personnel Board, from receipt of the draft proposal, shall have 30 days to conduct a public hearing and report back to the Board of Selectmen with its recommendation.

[3]

Should the Personnel Board fail to conduct a public hearing and report back to the Board of Selectmen within the allocated 30 days, the Board of Selectmen may conduct its own public hearing on the proposed change, after which it may take final action.

The Personnel Board shall file an annual report of its activities, including its recommendations to the Board of Selectmen, by a time established by the Town Manager to allow for its inclusion in the annual town report.

Interrelationships.

Board of Selectmen: The Personnel Board consults with the Board of Selectmen on the issues of personnel policy and legislation necessary to effectuate sound personnel management in the Town.

[Amended 10-24-2006 ATM, Art. 23]

Town Manager: The Town Manager provides clerical and professional assistance to the Board in the areas prescribed, and meets regularly with the Board in furtherance of its objectives.

[Amended 10-24-2006 ATM, Art. 23]

Other boards: The Personnel Board shall make itself available to other boards and departments in order to provide advice on personnel matters.

§ 4-316 Playgrounds and Recreation Commission.

Establishment. The Playgrounds and Recreation Commission consists of five members. (See MGL c. 45.)

[Amended 10-24-2006 ATM, Art. 23; 10-28-2008 ATM, Art. 5]

Mode of appointment. The members of the Playgrounds and Recreation Commission are appointed by the Board of Selectmen.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities. The Playgrounds and Recreation Commission advises and otherwise assists the Town Manager in the establishment of rules and regulations concerning the use of all playground and athletic fields, including those under the jurisdiction of the School Committee except during the regular school year or at other times when such facilities are reserved for use for Town of Northbridge school activities. The Playgrounds and Recreation Commission further advises and otherwise assists the Town Manager in establishing rules and regulations for development, servicing and delivery of recreational activities in the Town. The Playgrounds and Recreation Commission is an advisory committee of the Town.

Interrelationships.

Board of Selectmen: The Playgrounds and Recreation Commission advises the Board of Selectmen relative to the establishment of policies concerning recreational programming within the Town.

[Amended 10-24-2006 ATM, Art. 23]

Town Manager: The Playgrounds and Recreation Commission interacts with the Town Manager to ensure that rules and regulations concerning playgrounds, athletic fields, and the development and delivery of recreational activities are effective. The Playgrounds and Recreation Commission receives administrative support from the Town Manager for this purpose.

Department of Public Works (DPW): The Department of Public Works has responsibility for the day-to-day maintenance of land and facilities. Additionally, the DPW shall oversee all construction, repairs, maintenance and improvement of playgrounds, parks, athletic fields, and facilities. The Playground and Recreation Commission shall make recommendations on maintenance, repairs, and improvements to recreational facilities and shall submit proposed capital projects through the Town Manager to the DPW for inclusion in the Capital Improvement Plan.

[Added 10-24-2006 ATM, Art. 23]

The Playgrounds and Recreation Commission may receive gifts, bequests or devises of personal property or interests in real property in the name of the town, subject to the approval of the Board of Selectmen. The Playgrounds and Recreation Commission may receive monetary gifts for development of a Playgrounds and Recreation fund, and expend the same, subject to the General Laws and the approval of the Board of Selectmen.

[Added 10-24-2006 ATM, Art. 23]

§ 4-317 (Reserved) [1]

Editor's Note: Former § 4-317, Recycling Committee, as amended, was repealed 10-25-2011 ATM, Art. 7.

§ 4-318 Registrars of Voters.

Establishment. The Board of Registrars of Voters consists of the Town Clerk and three other persons. (See MGL c. 51.)

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment. Members of the Board of Registrars of Voters are appointed by the Board of Selectmen, so that they represent the two leading political parties, and in no case shall an appointment be made as to cause the Board of Registrars of Voters to have more than two members, including the Town Clerk, of the same political party. Every such appointment shall be made from a list to be submitted by the town committee of the political party from the members of which the position is to be filled, containing the names of three enrolled members of such party resident in the Town, selected by a majority vote at a duly called meeting of such committee.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities. The Board of Registrars of Voters hold voter registration sessions, certify the signatures on nomination papers and petitions, hold hearings and decide disputes over signatures on nomination papers, prepare an annual list of persons (the, so-called, "street list") and all other duties as cited in MGL c. 51. The Board of Registrars of Voters is a regulatory and ministerial committee of the Town.

Interrelationships.

Board of Selectmen: Interaction with the Board of Selectmen is minimal; the main function of the Board of Registrars of Voters concerns itself with elective matters.

Town Manager: The Manager provides staff assistance through the employment of poll workers, ballot counters, supervision and facilities for the conduct of electoral matters.

[Amended 10-24-2006 ATM, Art. 23]

§ 4-319 Youth Commission.

Establishment. The Youth Commission consists of seven members. (See MGL c. 40, § 8E.)

[Amended 10-24-2006 ATM, Art. 23]

Mode of appointment. The members of the Youth Commission are appointed by the Board of Selectmen. Members appointed shall provide a balanced and diverse representation of the community's interests and concerns. At least three members shall be high school students.

[Amended 10-24-2006 ATM, Art. 23]

Authorities and responsibilities. The Youth Commission shall be responsible for carrying out programs which may be designed or established to meet the opportunities, challenges and problems of the youth of the Town. The Youth Commission advises and assists the Board of Selectmen and Town Manager in the development of policies, programs and delivery of services for the health and welfare of youth and their families. The Youth Commission shall regularly assess the needs of youth as individuals and community members and work with the School Department, Recreation Department, Police Department and other town departments, multiple-member bodies and community groups in coordinating or developing mutual efforts to address these needs. The Youth Commission further advises and otherwise assists the Town Manager in utilization of all federal, state and municipal programs and services available to youth and provides education and referral resources to all members of the community. The Youth Commission is an advisory committee of the Town.

Interrelationships.

Board of Selectmen: The Youth Commission advises the Board of Selectmen relative to the establishment of policies concerning youth and family service programming within the Town.

[Amended 10-24-2006 ATM, Art. 23]

Town Manager: The Youth Commission interacts with the Town Manager to ensure that the development and delivery of youth and family services are effective. The Youth Commission receives administrative support from the Town Manager.

Other town agencies: As necessary, the Youth Commission interacts and meets with the Playgrounds and Recreation Commission and the School Committee.

§ 4-320 Safety Committee.

[Added 10-25-2011 ATM, Art. 7]

Establishment. The Safety Committee is advisory and consists of seven members.

Mode of appointment. The Chief of Police, Fire Chief, Director of the Department of Public Works or his designee and the Town Planner are ex officio members of the Committee. One member is appointed by the School Committee and two additional members are appointed by the Board of Selectmen, one of whom is a local business person.

Authorities and responsibilities. The Committee renders opinions and makes recommendations on public safety issues.

Interrelationships. The Committee renders opinions and makes recommendations upon written requests from the Board of Selectmen, Planning Board, Zoning Board of Appeals and other boards and officers of the Town.

§ 4-321 Town Manager Screening Committee.

[Added 10-25-2011 ATM, Art. 7]

Establishment. A Town Manager Screening Committee of five members shall be established whenever the office of Town Manager is vacant for the purpose of soliciting, receiving and evaluating applications for the position of Town Manager.

Mode of appointment. Two members shall be appointed by the Moderator, one member shall be appointed by the School Committee, one member shall be appointed by the Personnel Board and one member shall be appointed by the Planning Board.

Authorities and responsibilities. The Screening Committee shall review all applications that are received by it, screen all such applicants by checking and verifying work records and other credentials, and provide for interviews to be conducted with such number of candidates as it deems to be necessary, desirable or expedient.

Interrelationships. Not more than 120 days following the date on which the Committee meets to organize, the Committee shall submit to the Board of Selectmen the names of not fewer than three nor more than five persons whom it believes to be best suited to perform the duties of the office of Town Manager.

Dissolution. Upon the appointment of a Town Manager, the Committee established hereunder shall be considered discharged.

§ 4-322 Community Preservation Committee.

[Added 10-23-2018 ATM, Art. 5]

Establishment.

There is hereby established a Community Preservation Committee, consisting of nine voting members pursuant to MGL c. 44B. The composition of the Committee, the appointment authority and the term of office for the Committee members shall be as follows:

One member of the Planning Board as designated by the Board;

One member of the Conservation Commission as designated by the Commission;

One member of the Historical Commission as designated by the Commission;

One member of the Playgrounds and Recreation Commission as designated by the Commission;

One member of the Housing Authority Board as designated by its Board of Directors;

One member of the School Committee as designated by the Committee;

(g)

Three at-large members appointed by the Board of Selectmen.

Members of the Community Preservation Committee shall serve for a term of three years or until the person no longer serves on the board or commission being represented. Any vacancy on the Community Preservation Committee shall be filled by the commission, authority or board that designated the member who creates the vacancy by designating another member for the unexpired portion of the term.

Should any of the commissions or boards who have appointment authority under this section be no longer in existence for whatever reason, the appointment authority for that commission or board shall become the responsibility of the Board of Selectmen.

Duties.

The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation. The Committee shall consult with existing municipal boards, including the Board of Selectmen, the Conservation Commission, the Historical Commission, the Planning Board, the Playgrounds and Recreation Commission and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the Committee shall hold one or more public informational hearings on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town. The Committee may, after proper appropriation, incur expenses as permitted by state law using funds from the Community Preservation Fund to pay such expenses.

The Community Preservation Committee shall make recommendations to Town Meeting for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created with Community Preservation funds. With respect to community housing, the Community Preservation Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.

CONSTRUCTION, TO CONSTRUCT

The Community Preservation Committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or recommend to set aside for later spending funds for general purposes that are consistent with community preservation.

Requirement for a quorum and cost estimates. The Community Preservation Committee shall not meet or conduct business without the presence of a quorum and shall keep a written record of its proceedings. A majority of the members of the Community Preservation Committee shall constitute a quorum. The Community Preservation Committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include their anticipated costs.

Amendments. The Community Preservation Committee shall, from time to time, review the administration of this section, making recommendations, as needed, for changes in the section and in administrative practice to improve the operations of the Community Preservation Committee. This section may be amended from time to time by a majority vote of the Town Meeting, provided that the amendments would not be in conflict with MGL c. 44B.

Severability. In case any paragraph or part of this section be for any reason declared invalid or unconstitutional by any court of competent jurisdiction, every other paragraph or part shall continue in full force and effect.

Effective date. Following Town Meeting approval, this section shall take effect immediately upon approval by the Attorney General of the Commonwealth and publication as required by law. Each appointing authority shall have thirty days after approval by the Attorney General to make its initial appointments.

§ 4-323 Whitinsville-Downtown Crossroads Historic District

[Added 10-22-2019 ATM by Art. 7]

Introduction. The Town of Northbridge hereby creates and establishes the Whitinsville Historic District, entitled "Whitinsville-Downtown Crossroads" to be administered by the Whitinsville Historic District Commission as provided for under Massachusetts General Laws ("MGL") Chapter 40C, as amended, and as prescribed herein.

Name. The Whitinsville Historic District shall be known as Whitinsville-Downtown Crossroads. The Commission name shall be the Whitinsville-Downtown Crossroads Historic District Commission.

Purpose. The purpose of this bylaw is to aid and encourage the preservation and protection of the historic buildings, structures and sites within the Whitinsville-Downtown Crossroads Historic District.

Definitions.

As used in this bylaw, the following terms shall have the following meanings:

ALTERATION, TO ALTER

The act of rebuilding, reconstruction, restoration, replication, removal, demolition, and other similar activities.

BUILDING

A combination of materials forming a shelter for persons or property.

CERTIFICATE

A Certificate of Appropriateness, Certificate of Non-Applicability, or Certificate of Hardship as set forth in this bylaw.

COMMISSION

The Historic District Commission as established in this bylaw.

The act of building, erecting, installing, enlarging, moving and other similar activities.

DISTRICT

The Historic District as established in this bylaw.

EXEMPTIONS, EXCLUSIONS

Items, features, materials and other similar attributes that may be excluded from the purview of this bylaw and review by the Commission.

EXTERIOR ARCHITECTURAL FEATURE

Such portion of the exterior of a building or structure as is open to view from a public way, including but not limited to architectural style and general arrangement and setting thereof, the kind and texture or exterior building materials, and the type and style of windows, doors, lights, and other appurtenant exterior fixtures.

PERSON AGGRIEVED

The applicant, an owner of adjoining property, an owner of property within the same District area, an owner of property within 100 feet of the District area; and any local charitable corporation one of the purposes of which is the preservation of historic places, structures, buildings or districts.

PUBLIC VIEW

Shall be limited to and determined by a property's street address (e.g., 7 Main Street, public view is Main Street). Exterior alterations to the rear of a property or not viewable from the property's address street shall be considered exempt from review.

SIGN

Any symbol, design or device used to identify or advertise any place or business, product, activity or person.

SITE

An area of ground, which may or may not include a building or structure.

STRUCTURE

A combination of materials other than a building, including but not limited to a sign, fence, wall, terrace, walk or driveway.

TEMPORARY BUILDING OR STRUCTURE

A building or structure not to be in existence for a period of more than two years.

District. The "Whitinsville-Downtown Crossroads Historic District" shall consist of the 12 properties listed below and as identified on the map entitled "Whitinsville-Downtown Crossroads Local Historic District Map" included as Appendix A of this bylaw.[1]

Col. James Fletcher Home, 1 Elm Place, Assessor Map 4A Parcel 46 (building).

Whitinsville Brick Mills & Forge (Paul Whitin Mill), 54 Douglas Road, Assessor Map 2 Parcel 7 (building).

Whitinsville Cotton Mill, 17 Douglas Road, Assessor Map 5 Parcel(s) 77 & 75 (building).

Stephen F. & Mary Ann Batchelor House, 31 Church Street, Assessor Map 15A Parcel 136 (building).

Memorial Town Hall, 7 Main Street, Assessor Map 2 Parcel 9 (building).

(6)

Aldrich School (original High School), 14 Hill Street, Assessor Map 15A Parcel(s) 133 & 131 (building).

(7)

Town Common/Memorial Park, Church Street, Assessor Map 14A Parcel 34 (site).

(8)

Village Congregational Church, 5 Church Street, Assessor Map 15A Parcel 134 (building).

(9)

Whitinsville Savings Bank, 1 Memorial Square, Assessor Map 15A Parcel 132 (building).

(10)

Whitinsville Social Library, 17 Church Street, Assessor Map 15A Parcel 135 (building).

(11)

George Marston Whitin Memorial Community Center, 60 Main Street, Assessor Map 7 Parcel 223 (building).

(12)

Trinity Episcopal Church, 31 Linwood Avenue, Assessor Map 14A Parcel 35 (building).

Editor's Note: Appendix A is on file in the Town offices.

Commission.

The Commission shall consist of five members to be appointed by the Board of Selectmen, one member initially to be appointed for one year, one for two years, and two for three years, and each successive appointment to be made for three years. The Board of Selectmen shall also appoint two alternate members to one-year terms. All members shall serve without compensation.

The Commission shall include among its members, if possible, one property owner who owns property located in the District, one resident chosen from two nominees put forward by the local Board of Realtors or similar organization whose territory includes Northbridge, one resident chosen from two nominees put forward by the Central Massachusetts Chapter of the American Institute of Architects, one resident chosen from two nominees put forward by the Northbridge Historical Society and one nominee put forward by the Northbridge Historical Commission. Alternates shall be appointed from nominees put forward by the Northbridge Historical Society and the Northbridge Historical Commission. If within 30 days after submission of a written request for nominees to any said organization insufficient nominations have been made, the Board of Selectmen may proceed to make appointments in accordance with Subsection A.

Each member of the Commission shall continue to serve after his/her appointment term until such time as a successor is duly appointed.

Duties.

The Commission shall exercise its powers in administering and regulating the construction and alteration of structures or buildings within the District as set forth under the procedures and criteria established in this bylaw and MGL Chapter 40C. In exercising its powers and duties hereunder, the Commission shall pay due regard to the distinctive characteristics of each building, structure and District area.

The Commission may adopt, and from time to time amend, reasonable rules and regulations not inconsistent with the provisions of this bylaw or MGL Chapter 40C, setting forth such forms and procedures as it deems necessary for the regulation of its affairs and the conduct of its business, including but not limited to requirements for the contents and form of applications for Certificates, fees, hearing procedures and other matters. Said rules and regulations and amendments shall not take effect until approved by a majority vote of the Board of Selectmen. The Commission shall file a copy of any such rules and regulations with the Office of the Town Clerk.

The Commission shall, at the beginning of each fiscal, year hold an organizational meeting to elect a Chair, Vice Chair and Clerk, and shall file notice of such organization with the Office of the Town Clerk.

The Commission shall keep a permanent record of its resolutions, decisions and determinations and votes of each member participating.

The Commission shall undertake educational efforts to explain to the public and property owners the merits and functions of the District.

Application fee. There shall be no application fee associated with Commission review in accordance with this bylaw; but the applicant shall be required to pay the costs associated with the public hearing notice (mailing and legal advertisement)

Clerical and technical assistance. The Commission may, subject to fiscal year appropriation, employ clerical and technical assistants and incur other expenses appropriate to carrying out its work as needed.

Alterations and construction.

No building or structure, or any part thereof, within the District shall be constructed or altered in any way which affects the exterior architectural features as visible from a public way (public view) unless the Commission issues a certificate with respect to such construction or alteration, except as otherwise provided for in this bylaw.

No building permit for exterior construction of a building or structure or alteration of an exterior architectural feature within the District and no demolition permit for demolition or removal of a building or structure within the District shall be issued by the Town or any department thereof until a Certificate as required under this bylaw has been issued by the Commission.

Procedures for review.

Application: Any person who desires to obtain a Certificate from the Commission shall file with the Office of the Town Clerk, Building Department and the Commission an application for a Certificate of Appropriateness, Certificate of Non-Applicability or Certificate of Hardship.

The application shall be accompanied by such plans, elevations, specifications, materials, photographs, and other information, including in the case of demolition or removal a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application.

Date: The date of the filing of an application shall be the time/date stamp recorded by the Office of the Town Clerk.

Initial determination: The Commission shall determine within 14 days of the filing of an application for a Certificate whether said application involves any exterior architectural features which are within the jurisdiction of the Commission.

Certificate of Non-Applicability: If the Commission determines that an application for a Certificate does not involve any exterior architectural features or involves an exterior architectural feature which is not subject to review (exemptions, exclusions) by the Commission under the provisions of this bylaw, the Commission shall forthwith issue a Certificate of Non-Applicability.

If the Commission determines that such application involves any exterior architectural features subject to review under this bylaw, it shall hold a public hearing on the application and render a decision as provided for in this bylaw.

Criteria for administrative review.

The Commission may authorize the Chair, or the Vice Chair (in the absence of the Chair) to review and approve certain applications, as described herein.

The Chair shall evaluate the application based on the existing conditions of the property and may make a finding that a Determination of Non-Applicability is appropriate. Absent such a finding by the Chair, the applicant must appear before the Commission at a public hearing.

If the applicant represents that the proposed work is not visible from the public way (public view), he or she may request that the Chair review the application administratively. Any administrative review shall only apply to the work described at the time of application.

The burden of proof is on the applicant to demonstrate that an exterior architectural feature or building elevation is not visible from the public way (public view). In reviewing visibility, the Chair shall consider plans and photographic documentation. The Chair may conduct site visits as necessary. The Chair shall issue a Determination of Non-Applicability for any proposed work that is not visible from the public way.

All work approved administratively by the Chair shall be identified by the applicant's name and property address on the next available public meeting agenda of the Commission. Furthermore, a letter describing the scope of the approved work shall be filed with the Office of the Town Clerk with a copy to the Inspector of Buildings, Planning Board and Board of Selectmen.

The Commission shall not consider applications for, nor be required to issue, Certificates of Appropriateness for details of design, interior arrangements, ordinary repairs to and maintenance of existing buildings or structures.

If the applicant represents that the Commission is not required to issue a Certificate of Appropriateness based on this Subsection D, the applicant may request that the Chair review the application administratively. Any administrative review shall only apply to the work described at the time of application.

The burden of proof is on the applicant to demonstrate that the proposed work is either a: design detail, interior arrangement, ordinary repair, or maintenance.

The request for administrative review must contain photographic documentation of the existing condition of the building.

The request must clearly define and specifically list all proposed items, including, but not limited to: materials, dimensions, colors, and manufacturer, if applicable.

The Chair shall issue a Determination of Non-Applicability for any proposed work that he/she finds is not subject to this bylaw.

Public hearing.

When required, the Commission shall hold a public hearing within 30 days from the date of the filing of the application. At least 14 days before said public hearing, public notice shall be given by posting in a conspicuous place in Town Hall and in a newspaper of general circulation in the Town. Such notice shall identify the time, place and purpose of the public hearing. A copy of the public hearing notice shall be mailed to the applicant, the owners of all other properties within the District, any local charitable corporation one of the purposes of which is the preservation of historic structures or districts, to the Planning Board, and to any person filing a written request for notice of hearings.

Decision.

The Commission shall grant a Certificate or issue a written denial within 45 days from the date the application was filed unless the applicant consents in writing to a specific extension of the time by which such decision must be made.

In the absence of any such extension of time, should a decision not be made within the prescribed time, the applicant is entitled as of right to a Certificate of Hardship.

Vote of the Commission: The concurring vote of at least three members of the Commission shall be required to issue a Certificate.

In the event at least three members were not present throughout the entirety of the public hearing the applicant is entitled as of right to a Certificate of Hardship.

In the case of a denial of an application for a Certificate, the Commission shall set forth the reasons for denial and may include specific recommendations that would make the application acceptable to the Commission. If, within 14 days of receipt of the denial, the applicant files a written modification of the application in conformity with the recommended changes of the Commission, the Commission shall cause a Certificate of Appropriateness to be issued to the applicant.

Certificate of Appropriateness: If the Commission determines that the exterior construction or alteration for which an application for a Certificate of Appropriateness has been filed will be appropriate for or compatible with the preservation or protection of the District, the Commission shall issue a Certificate of Appropriateness.

Upon the adoption of this bylaw the Commission shall issue a Certificate of Appropriateness for all buildings, structures and sites within the Whitinsville-Downtown Crossroads Historic District.

(6)

Certificate of Hardship: In the event of an application for a Certificate of Hardship, the Commission shall determine whether, owing to the conditions affecting the building or structure involved, but not affecting the District generally, failure to approve the 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 purpose of this bylaw. Hardship shall be determined with reference to assessed value of the building or structure and cost of proposed alteration.

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 or derogation, the Commission shall issue a Certificate of Hardship.

(7)

Certificate: Each Certificate or written decision by the Commission shall be dated and signed by the Chair or such person as the Commission may designate and shall be deemed issued upon filing with the Office of the Town Clerk.

Each Certificate or written decision by the Commission shall be filed with the Office of the Town Clerk and provided to the applicant at the address shown on the application with a copy to the Inspector of Buildings, Planning Board and Board of Selectmen.

(8)

Persons aggrieved; appeal: A person aggrieved by a determination of the Commission may, within 20 days after the filing of the notice of such determination with the Office of the Town Clerk, file a written request with the Commission for a review by a person or persons of competence and experience in such matters, acting as arbitrator designated by the Central Massachusetts Regional Planning Commission. If the Town ceases to be a member of the Commission, the Massachusetts Department of Housing and Community Development shall select the appropriate regional planning agency.

The finding of the arbitrator making such review shall be filed with the Office of the Town Clerk within 45 days after the request and shall be binding on the applicant and the Commission, unless a further appeal is sought in the Superior Court as provided in MGL c. 40C, § 12A. The filing of such further appeal shall occur within 20 days after the finding of the arbitrator has been filed with the Office of the Town Clerk.

Criteria for determinations.

Consideration: In deliberating on applications for Certificates, the Commission shall consider, among other things, the historic and architectural value and significance of the building, structure or site; the general design, proportions, detailing, massing, arrangement, texture, and materials of the exterior architectural features involved; and the relation of such exterior architectural features to similar features of buildings and structures in the District.

New construction, additions: In the case of new construction or additions to existing buildings or structures, the Commission shall consider the appropriateness of the scale, shape and proportion of the building or structure both in relation to the land area upon which the building or structure is situated and in relation to buildings and structures in the vicinity.

Nothing in this bylaw shall be deemed to preclude any person contemplating construction or alteration of a building or structure within the District from consulting informally with the Commission, at a public meeting, before submitting an application. Nothing in this bylaw shall be deemed to preclude the Commission from offering informal advice to a potential applicant prior to receiving an application. However, such preliminary advice offered by the Commission shall not be deemed to set a precedent nor in any way limit the Commission in the exercise of its functions under this bylaw.

Not in public view: The Commission shall consider only exterior architectural features as seen from the public way (public view) as provided for in this bylaw. The Commission shall not consider interior arrangements or architectural features not subject to public view.

Exemptions, exclusions.

The Commission shall exclude from its review the following elements and features:

AC units and alarms.

Chimneys and chimney caps.

Fences.

Flags (flag poles).

Gutters and downspouts.

Handicapped accessible access.

(g)

Lighting fixtures.

(h)

Garage doors and loading docks.

(i)

Mailboxes and mail slots.

(j)

Mechanical and plumbing vents.

(k)

Monuments and memorials.

(l)

Paint color, color of buildings or structures.

(m)

Ramps, railings and stairs.

(n)

Roofing materials.

(o)

Shutters and hardware.

(p)

Sidewalks and walkways.

(q)

Signage (banners).

(r)

Solar panels.

(s)

Storm doors and screens.

(t)

Storm windows and screens.

(u)

Street number signage or identification.

(v)

TV antennas and satellite dishes.

(w)

Temporary buildings or structures.

(x)

Window replacement(s).

(y)

Windows, window treatments.

(z)

Wires and cables.

Under state law, routine maintenance, repair, replacement, and landscaping are exempt from review.

The Commission shall not consider interior arrangements or architectural features not subject to public view from a public way as provided for in this bylaw.

Nothing in this bylaw shall prevent any exterior construction or alteration under a permit duly issued prior to the adoption of this bylaw or be construed to prevent work satisfying requirements certified by a duly authorized public official deemed to be necessary for public safety.

Nothing in this bylaw shall restrict or be a cause for review of exterior alterations that may be required by State or Federal Building Codes.

(6)

Nothing in this bylaw shall restrict or be a cause for review of the point of access serviced by handicapped access ramps designed solely for the purpose of facilitating ingress/egress of physically handicapped persons, as defined in MGL.

(7)

Non-traditional materials, providing that the difference between such material(s) and traditional materials cannot, upon the review by the Commission, be reasonably discerned by the unaided eye shall be exempt from this bylaw.

(8)

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 two years thereafter shall be exempt from this bylaw.

(9)

Nothing in this bylaw shall restrict or be a cause for review of exterior alterations to any accessory structures, including sheds and detached garages.

(10)

Nothing in this bylaw shall restrict or be a cause for review of use(s) of properties within the District; the Northbridge Zoning Bylaw shall govern all land uses within the District.

(11)

Upon request, the Commission shall issue a Certificate of Non-Applicability with respect to construction or alteration in any category not subject to review by the Commission in accordance with the above provisions.

Categorical approval.

The Commission may determine from time to time, after a public hearing duly advertised and posted at least 14 days in advance in a conspicuous place in Town Hall and in a newspaper of general circulation in Northbridge, that certain categories of exterior architectural features, structures or buildings under certain conditions may be constructed or altered without review by the Commission without causing substantial derogation from the intent and purpose of this bylaw.

Enforcement and penalties.

Building permit: No building permit shall be issued for the exterior construction or alteration of any building or structure within the District unless a Certificate has first been issued by the Commission when such Certificate is required by this bylaw.

Conditions of certificate: No construction or alteration of any building or structure within the District for which a Certificate is required shall deviate from the conditions of such Certificate issued by the Commission.

The Commission shall be charged with the enforcement of this bylaw.

The Commission, upon a written complaint of any resident of Northbridge, or owner of property within Northbridge, or upon its own initiative, shall institute any appropriate action or proceedings in the name of the Town of Northbridge to prevent, correct, restrain or abate violation of this bylaw. In the case where the Commission is requested in writing to enforce this bylaw against any person allegedly in violation of same and the Commission declines to act, the Commission shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefor, within 21 days of receipt of such request.

Whoever violates any of the provisions of this bylaw may be punishable by a fine of up to $300 for each offense, in accordance with the provisions of MGL c. 40C, § 13. Each day during any portion of which such violation continues to exist shall constitute a separate offense.

Enforcement agent. The Commission may designate the Inspector of buildings to act on its behalf and to enforce this bylaw.

Amendments.

Historic District boundaries: The District may be expanded or reduced in size. Any changes involving the boundaries (properties) of the District must follow the procedures for the initial establishment of a local historic district, in accordance with MGL Chapter 40C. In such cases, the Commission is responsible for conducting the study, drafting the preliminary study report, and holding the public hearing.

Historic District bylaw: This bylaw may be amended, by a 2/3 vote of Town Meeting, provided the amendment is not inconsistent with the intent of MGL Chapter 40C. Before an amendment may be brought to vote, the amendment must first be submitted to the Commission, for its formal recommendation. The Commission has a maximum of 60 days to make a recommendation on a proposed amendment, after which time the amendment may be acted upon by Town Meeting, per MGL Chapter 40C, section 3.

Severability and validity.

The provisions of this bylaw shall be deemed to be separable. If any of its provisions, sections, subsections, sentences, or clauses shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this bylaw shall continue to be in full force and effect.