[HISTORY: Adopted by the Historic District Commission of
the Town of Easton 11-25-2014.
Amendments noted where applicable.]
The purpose of these Rules and Regulations is to aid in the preservation and protection of the distinctive characteristics and architecture of buildings and places significant in the history of the Town of Easton, the maintenance and improvement of their settings and the encouragement of new building designs compatible with the existing architecture in the district, all pursuant to Chapter 152 of the Bylaws of the Town of Easton.
A.
The following rules are hereby adopted by the Easton Historic District
Commission as provided in Chapter 40C of the Massachusetts General
Laws, for the purpose of establishing uniform procedures for the granting
of Certificates of Appropriateness, Non-Applicability, and Hardship.
For the purposes of these certificates, the Easton Historic Commission,
serving as the Easton Historic District Commission, is the Certificate
Granting Authority.
The following definitions are adopted from Chapter 152, the Local Historic District By-Law. These terms retain the same definition for the purposes of these rules and regulations.
The act or the fact of rebuilding, reconstruction, restoration,
replication, removal, demolition, and other similar activities.
A combination of materials forming a shelter for persons,
animals or property.
A Certificate of Appropriateness, a Certificate of Non-Applicability, or a Certificate of Hardship as set forth in Chapter 152 and these Rules and Regulations.
The Local Historic District Commission as established in Chapter 152.
The act or the fact of building, erecting, installing, enlarging,
moving and other similar activities.
The total surface area of a sign, including all lettering,
wording, designs, symbols, background and frame, but not including
any support structure or bracing incidental to the sign. The display
area of an individual letter sign or irregular shaped sign shall be
the area of the smallest rectangle into which the letters or shape
will fit. Where sign faces are placed back to back and face in opposite
directions, the display area shall be defined as the area of one face
of the sign.
The Local Historic District as established in this chapter
consisting of one or more District areas.
Such portion of the exterior of a building or structure as
is open to view from a public way or ways, including but not limited
to architectural style and general arrangement and setting thereof,
the kind and texture of exterior building materials, and the type
and style of windows, doors, lights, signs and other appurtenant exterior
fixtures.
The applicant; an owner of adjoining property; an owner of
property within the same District area; an owner of property within
100 feet of said District area; and any charitable corporation in
which one of its purposes is the preservation of historic places,
structures, buildings or districts.
Any symbol, design or device used to identify or advertise
any place of business, product, activity or person.
A combination of materials other than a building, including
but not limited to a sign, fence, wall, terrace, walk or driveway.
A building not to be in existence for a period of more than
two years. The Commission may further limit the time periods set forth
herein as it deems appropriate.
A structure not to be in existence for a period of more than
one year. The Commission may further limit the time periods set forth
herein as it deems appropriate.
A.
The seven regular members of the Easton Historic Commission shall
function as the Easton Historic District Commission with all the powers
set forth in General Laws c. 40, Section 8D.
B.
The Board of Selectmen shall appoint four alternate members to the
Easton Historic District Commission. Each alternate member shall have
the right to act and vote in the place of one regular member should
such regular member be absent from a meeting or be unwilling or unable
to act or vote.
C.
In the absence of one or more permanent members, as aforesaid, alternate
members shall be appointed by the Chairman to vote at the meeting.
Alternate members who are present and who are not appointed to vote
in place of an absent permanent member shall be entitled to otherwise
participate in all meetings and hearings.
D.
The Commission shall undertake educational efforts to explain to
the public and property owners the merits and functions of a District.
A.
The Commission shall exercise its powers in administering and regulating the construction and alteration of any structures or buildings within the District as set forth under the procedures and criteria established in Chapter 152. In exercising its powers and duties hereunder, the Commission shall pay due regard to the distinctive characteristics of each building, Structure and District area.
B.
The Commission, after a public hearing duly posted and advertised
at least 14 days in advance in a conspicuous place in Town Hall and
in a newspaper of general circulation, may adopt and, from time to
time, amend guidelines which set forth the designs for certain exterior
architectural features which are, in general, suitable for the issuance
of a Certificate. No such design guidelines shall limit the right
of an applicant for a Certificate to present other designs to the
Commission for approval.
(1)
While the guidelines shall establish norms and parameters for the
decisions of the Commission during design reviews, exceptions due
to specific characteristics of a particular property or its context
shall be recognized and allowed at the Commission's discretion.
Such discretionary latitude is not to be confused with any consideration
related to Certificates of Hardship.
(2)
The fact that the guidelines may be silent on a specific issue shall
not preclude the Commission from ruling with respect to that issue
within the limits allowed by the Bylaw and MGL c. 40C.
A.
Except for the exclusions listed below, no building or structure
within a District shall be constructed or altered in any way that
affects the exterior architectural features as visible from a public
way or ways, unless the Commission has first issued a Certificate
authorizing such construction.
B.
Except in the case of an applicable exclusion, no building permit
for construction of a building or structure or for alteration of an
exterior architectural feature within a District and no demolition
permit for demolition or removal of a building or structure within
a District shall be issued by the Town or any department thereof until
an appropriate Certificate as required under this chapter has been
issued by the Commission.
A.
The Commission shall exclude from its purview the following items in Subsection A(1) through (10). Regarding these exclusions, a request may be made for a Certificate of Non-Applicability. Within 14 days of said application, the Commission shall issue said Certificate. (Note: The primary reason for requesting a Certificate of Non-Applicability for an excluded change is for presentation to another board or commission.)
(1)
The ordinary maintenance, repair or replacement of any exterior architectural
feature within a District which does not involve a change in design,
material or the outward appearance thereof and for which a building
permit is not required.
(2)
The color of exterior paint.
(3)
Interior changes, or architectural features not subject to public
view from a public way.
(4)
Temporary buildings, structures or signs subject, however, to conditions
pertaining to the duration of existence and use, location, lighting,
removal and similar matters as the Commission may reasonably specify
in an administrative proceeding (non-hearing).
(5)
Landscaping with plants, trees or shrubs.
(6)
Signs of not more than two square feet in a display area in connection
with use of a residence for a customary home occupation or for professional
purposes, provided only one such sign is displayed in connection with
each residence and if illuminated is illuminated only indirectly;
and one sign in connection with the nonresidential use of each building
or structure which is not more than six square feet in a display area,
consists of letters painted on wood without symbol or trademark and
if illuminated is illuminated indirectly.
(7)
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 one year thereafter and carried forward with due diligence.
The Commission may grant one extension of up to 12 months upon demonstration
of good cause as to why the extension is needed.
(8)
The meeting of requirements certified by the Easton Building Commissioner
to be necessary for protection of public safety due to an unsafe or
dangerous condition.
(9)
Any construction or alteration under a permit duly issued prior to
the effective date of the Local Historic District.
(10)
Flagpoles 25 feet or under painted or fabricated in white or
black with gold or silver finials.
B.
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 Offices and in a newspaper of general circulation in Easton, that certain additional categories of Exterior Architectural Features, Structures or Buildings under certain conditions may be Constructed or Altered without review by the Commission. Such a waiver may only be granted where the Commission finds that said waiver will not cause substantial derogation from the intent and purpose of Chapter 152.
A.
In deliberating on applications for Certifications the Commission
shall consider, among other things:
(1)
The historic and architectural value and significance of the site,
building, or structure.
(2)
The general design, proportions, detailing, mass, arrangement, texture,
and material of the exterior architectural features involved.
(3)
The relationship of such exterior architectural features to similar
features of buildings and structures in the surrounding area.
(4)
The impact of changes and alterations to visual character of the
streetscape.
(5)
Any design guidelines for Easton Local Historic Districts as may
be adopted and amended from time to time by the Commission.
B.
In the case of new construction or additions to existing buildings
or structures, the Commission shall consider, among other things:
(1)
The appropriateness of the materials, scale, shape and proportions
of the building or structure in relation to the land area upon which
the building or structure is situated.
(2)
The appropriateness of the materials, scale, shape and proportions
of the building or structure in relation to buildings and structures
in the vicinity.
(3)
The Historical Commission shall reference design guidelines for Easton
Local Historic Districts as may be adopted and amended from time to
time in its consideration of applications.
C.
When ruling on applications for Certificates on solar energy systems
as defined in Section 1A of Chapter 40A, the Commission shall consider
the policy of the Commonwealth of Massachusetts to encourage the use
of solar energy systems and to protect solar access.
A.
Application for a Certificate of Appropriateness, Non-Applicability,
or Hardship shall be made on an official form, which shall be obtained
from the office of the Planning Department.
B.
A property owner or their agent may request an application. A prospective
purchaser of a property within the Historic District may request an
application upon submission of both the assent of the owner and evidence
of impending ownership such as an executed purchase and sales agreement,
or property interest and authority to file.
C.
Applicants who believe that their project falls into one of the exclusions
of this bylaw or believe that the bylaw is in some other way non-applicable
may submit a request for a Certificate of Non-Applicability to the
Planning Department. Applications for Certificates of Non-Applicability
shall include a statement of reasons why the proposed alteration is
not subject to review by the Commission together with evidence such
as photographs, plans, or title documents that may be necessary to
support the application.
D.
The completed application form for a Certificate of Appropriateness
or Hardship shall be submitted to the Planning Department. The applicant
shall furnish the following information:
(1)
Photographs of existing conditions, and scaled drawings or renderings
of the proposed work with specifications must be provided at an appropriate
scale.
(2)
The scale, date and north arrow shall be shown on plans.
(3)
The location of existing or proposed buildings/additions on the lot
shall be shown with the dimensions, total square footage, and building
elevations necessary to clearly communicate the proposed changes,
and including a small scale locus plan.
(4)
A list of materials to be used must be submitted. The Commission
may require samples of materials.
(5)
Any additional information the applicant believes will help the Commission
reach a determination may be submitted.
(6)
The Commission reserves the right to request additional information
they may reasonably deem necessary to make a determination on an application.
(7)
In the event a hearing is scheduled, a record of mailings to abutters
and any parties of interest must be submitted at the hearing.
E.
In the case of demolition or removal, in addition to the above, the
application for a Certificate of Appropriateness or Hardship must
include a statement of the proposed condition and appearance of the
property after the demolition or removal. The Commission strongly
recommends applicants for demolition or removal to submit the following
additional information:
(1)
Dimensioned site plan of existing conditions and of the proposed
replacement project. The site plan should indicate the relationship
to the surrounding structures and properties.
(2)
Schematic elevation drawings of the proposed replacement project.
Elevations that demonstrate the relationship to neighboring structures
are preferred.
(3)
A professional registered architect or an engineer's report
on the condition of the property with a list of specific deficiencies
identified.
(4)
Any other technical or expert report demonstrating why demolition
is necessary.
F.
An applicant may withdraw an application without prejudice by notice
in writing to the Commission, which notice the applicant shall also
deliver to the Planning Department.
G.
The Commission my charge reasonable fees for applications based on
a posted fee schedule.
A.
The Commission shall determine within 14 days of the filing of an
application whether the application involves any exterior architectural
features which are within the jurisdiction of the Commission.
(1)
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 excluded from review by
the Commission, the Commission shall forthwith issue a Certificate
of Non-Applicability.
(2)
The Commission may consider and vote upon an application for a Certificate
of Non-Applicability at any regular or special meeting.
(3)
The Commission or any member(s) or designated subcommittee thereof
may request a site visit in order to assist the Commission in reaching
a determination.
B.
If the Commission determines that such application involves any exterior architectural feature subject to review under Chapter 152, the Commission shall hold a public hearing on the application, except as may otherwise be provided in said chapter.
(1)
The hearing must be commenced within a reasonable time from the date
of filing of the application.
(2)
Upon establishment of the public hearing date, notice of its time,
place, and purpose shall be provided to the applicant.
(3)
At least 14 days before the public hearing, the Commission shall
give public notice by posting in a conspicuous place in Town Hall
and in a newspaper of general circulation in Easton. Such notice shall
identify the time, place and purpose of the public hearing. The Commission
shall also notify any other town board or person that it deems entitled
to notice.
(4)
The applicant will provide a certified abutters list, both adjacent
to the property and across the street from it, all as they appear
on the most recent applicable property tax list. Notification shall
be in writing, sent by mail, and will include the time, place and
purpose of the hearing.
(5)
The applicant must also reimburse the Commission for required advertising
of the hearing in the newspaper of general circulation in Easton.
A check for the reimbursement must be in hand by the Commission in
order for the hearing to proceed.
(6)
Any other person may file a written request for notice of any or
all hearings, with said request to be renewed yearly in December.
C.
A public hearing on an application for a Certificate need not be
held if such hearing is waived in writing by all persons entitled
to notice thereof including the Commission or other relevant town
boards.
D.
A public hearing on an application for a Certificate may be waived
by the Commission if the Commission determines that the exterior architectural
feature involved, or its category, is so insubstantial in its effect
on the District that it may be reviewed by the Commission without
a public hearing.
(1)
If the Commission dispenses with a public hearing on an application
for a Certificate, notice of such application shall be given to the
owners of all adjoining property and of other property deemed by the
Commission to be materially affected thereby as above provided, and
10 days shall elapse after the mailing of such notice before the Commission
may act upon such application.
E.
Within 60 days after the filing of an application for a Certificate,
or within such further time as the applicant may allow in writing,
the Commission shall issue a Certificate or a Disapproval.
F.
If the Commission determines that the 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.
(1)
In issuing a Certificate of Appropriateness, the Commission may impose
certain conditions and limitations, and may require architectural
or plan modifications consistent with the intent and purpose of this
chapter.
(2)
In the case of new construction or additions to existing buildings
or structures, the Commission may, in appropriate cases, impose dimensional
and setback requirements in addition to those required by applicable
statute or bylaw.
G.
The Commission may, by majority vote, approve a portion, or portions,
of an application on one date, and issue a certificate specifically
indicating which portions are applicable. The remainder of the application
must be voted on within 60 days of the original application date,
unless further extended by applicant in writing.
H.
Certificate of Hardship.
(1)
If the construction or alteration for which an application for a
Certificate of Appropriateness has been filed shall be determined
to be inappropriate and therefore disapproved, or in the event of
an application for a Certificate of Hardship, the Commission shall
determine:
(a)
Whether, owing to conditions especially affecting the building
or structure involved, but not affecting the District generally, failure
to approve an application will involve a substantial hardship, financial
or otherwise, to the applicant.
(b)
Whether such application may be approved without substantial
detriment to the public welfare and without substantial derogation
from the intent and purposes of this chapter.
(2)
If a claim of financial hardship is made, the applicant may be required
to submit such personal financial records and detailed cost estimates
as the Commission deems necessary to make a determination.
(3)
The Commission may determine that an asserted hardship is specific
to the circumstances of an individual applicant, i.e. the addition
of a handicapped ramp, and the mitigation allowed by the Certificate
may reasonably be limited in durations to the tenure of occupancy
or ownership of the property by that individual. In that case, the
Commission's decision may include a requirement that the changes
it allows shall be reversed at the end of such tenure, with such requirement
to be reflected in a duly recorded instrument.
(4)
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.
I.
Each certificate issued by the Commission shall be dated and signed
by its Chairman or other person designated by the Commission to sign
such Certificates on its behalf.
(1)
Each Certificate is valid for a period of one year from the date
of issuance.
(2)
The applicant may request an extension or renewal of the Certificate,
and at its discretion the Commission may grant, in writing, an extension
or renewal of the Certificate for a period not to exceed one year,
provided that the request for an extension is made prior to the underlying
Certificate's expiration.
(3)
If a property changes ownership during the time a Certificate of
Appropriateness is in force, a new owner who wishes to continue the
authorized work must apply to the Commission for a transfer of the
Certificate to his or her own name. Said application should include
the name of the new owner and a copy of a deed or purchase and sale
agreement with a copy of the original application, the Certificate
of Appropriateness and any conditions and limitations imposed by the
Commission and including any plan modifications required by said conditions
and limitations.
J.
An applicant wishing to make design changes after a Certificate has
been issued must file a new application for the changes.
K.
In the case of a disapproval of an application for any Certificate,
the Commission shall set forth in its letter to the applicant the
reasons for such disapproval. The Commission may include in its disapproval
specific recommendations for changes in the applicant's proposal
with respect to the appropriateness of design, arrangement, texture,
material and similar features which, if made and filed with the Commission
in a subsequent application, may make the application acceptable to
the Commission.
L.
A majority vote of the members of the Commission is required to issue
a Certificate or a disapproval.
M.
The Commission shall send a copy of its Certificates and disapprovals
to the applicant and shall file a copy of its Certificates and disapprovals
with the office of the Town Clerk, the Building Inspector, and any
other town agency it deems necessary. The date of issuance of a Certificate
or disapproval shall be the date of the filing of a copy of such Certificate
or disapproval with the office of the Town Clerk. Each Certificate
or disapproval issued by the Commission shall be dated and signed
by its chairman or such other person designated by the Commission
to sign such Certificates or disapprovals on its behalf.
N.
If the Commission should fail to issue any Certificate or a disapproval
within 60 days of the filing of the application for a Certificate,
or within such further time as the applicant may allow in writing,
the Commission shall, upon written request of the applicant, issue
a Certificate of Hardship Due to Failure to Act.
O.
The applicant shall notify the Commission, in writing, of the completion
of all work specified in the Certificate. The Chairman will then arrange
for an on-site review by the Chairman, a designee, or a subcommittee
who will report on the completion of the work at the next Commission
meeting. A Certificate of Completion will be issued to the applicant,
and a copy attached to the original application. If the Commission
finds that the required work has not been completed, as approved,
it shall refuse to issue a Certificate of Completion and shall inform
the applicant, in writing, of any deficiencies.
A.
A person aggrieved by a determination of the Commission may, within
20 days of the issuance of a Certificate or a disapproval, 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
and designated by the Regional Planning Agency.
(1)
The finding of the person or persons making such review shall be
filed with 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 Chapter 40C, Section
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.
(2)
The individual making the appeal shall incur any costs associated
with the arbitration.
B.
Alternatively, a person aggrieved by a determination of the Commission
may, within 20 days of the issuance of a Certificate or a disapproval,
appeal such determination directly to the Superior Court in accordance
with Chapter 40C, Section 12A.
A.
If an owner of a property in a designated local Historic District either fails to obtain a Certificate for alterations, construction or demolition under the Commission's purview, or fails to observe the conditions of an issued Certificate, the Commission shall first notify the owner in writing that the requirements of the Bylaw and/or Certificate are not being met. The owner will be given one week, or such other time as the Commission deems appropriate, to respond to this notification with a plan to correct the situation. The owner will be requested to present the proposed plan to the next Commission meeting. If there is no response from the owner within that time period or the proposed plan (as it may be modified during the discussion at the Commission meeting) is found inadequate, the Commission may declare the situation on the site to be in violation of Chapter 152 and apply the any and all available remedies under Chapter 152 or MGL c. 40C § 13. A majority vote of the members present shall determine whether a particular activity is in violation of this bylaw or any Certificate issued thereunder.
B.
A Commission member or members may be designated to ensure compliance
or to assist the Building Inspector in ensuring compliance with the
terms of any issued Certificate.
(1)
The duties of these members shall include:
(2)
These members do not have any decision-making authority on their
own and must report immediately to the Chair all requests from the
property owner as well as possible violations. A special meeting may
be called to address such issues or the Chair may place the issue
on the agenda for the next regular meeting, as appropriate.
C.
If the Commission determines that an activity is in violation of the bylaw or any Certificate issued thereunder, it may designate the Building Inspector to pursue non-criminal disposition under General Laws Chapter 40, Section 21D and pursuant to Chapter 50 of the Code of the Town of Easton, under the direction of the Commission.
D.
Upon a written complaint of a violation within the District from
any resident of Easton or owner of property within Easton, the Commission
shall investigate and may institute any appropriate action to prevent,
correct, restrain or abate violation of this chapter. After conducting
an investigation of a written complaint, 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.
E.
Whoever violates any of the provisions of Chapter 152 shall be punishable by a fine of up to $300 for each offense. Each day during any portion of which such violation continues to exist shall constitute a separate offense.
F.
The Commission shall accept the "grandfathered" condition of any
building at the time of the creation of a Local Historic District
even if said building may incorporate work inconsistent with these
rules and regulations for which no Building Permit can be documented.
(1)
In the event that an allegation is made that work requiring a Certificate
of Appropriateness has been done at an unknown time without such Certificate,
the Commission shall endeavor to document by whatever means may be
available whether the work existed at the date the Local Historic
District came into existence.
(2)
If the Commission determines that said work post-dates the creation
of the Local Historic District, it may require an application for
a retroactive Certificate of Applicability which will follow the same
hearing procedure as a regular application and be subject to the same
outcomes.
(3)
If a previous owner did work that post-dates the creation of the Local Historic District, the transfer of ownership or of control of a property since the date when such work was completed shall not constitute "grandfathering" of said work. The current owner is subject to the same provisions expressed in Subsection F(2) above.
G.
If an existing violation or violations that post-date the creation
of the Local Historic District are present on a property that is the
subject of an application for a new Certificate of Appropriateness,
the Commission may deny the application on that basis, if the property
owner fails to modify the application to include acceptable curative
action, or the Commission may approve the application subject to a
condition requiring the property owner to cure any existing violations.
(1)
Such conditional approval may:
(2)
As used herein, "existing violation" means a previous change to the
exterior architectural features of a structure that was effected without
a Certificate of Appropriateness from the Commission under circumstances
that required such a Certificate to be issued, as determined by the
Commission.
Full compliance with the rules and regulations may be waived
by majority vote of the Easton Historic District Commission, provided
such waivers are deemed to serve the public interest and do not conflict
with MGL c. 40C. Requested waivers shall be submitted in writing at
the time of the application.
The rules and regulations are severable. If any provision of
these rules and regulations is held invalid, the other provisions
shall not be affected thereby. If the application of these rules and
regulations, or any of its provisions to any person or circumstances
is held invalid, the application of these rules and regulations and
their provisions to other persons and circumstances shall not be affected
thereby.
