This chapter shall be known and may be cited
as the "Belchertown Historic District Bylaw" and adopted pursuant
to MGL c. 40C, as amended.
The purpose of this chapter is to promote the
educational, cultural, economic and general welfare of the public
through the preservation and protection of the distinctive characteristics
of buildings and places significant in the history of the Town of
Belchertown and the Commonwealth of Massachusetts or their architecture
and through the maintenance and improvement of settings for such buildings
and places and the encouragement of design compatible therewith.
There is hereby established under MGL c. 40C
an historic district to be known as the "Belchertown Center Historic
District," which district shall be bounded as shown on the map entitled
"Belchertown Center Historic District, 1989" attached and made part
of this chapter. The district boundaries are the same as those established
by the Belchertown National Register Historic District in 1982.
[Amended 5-9-2016 ATM
by Art. 15]
A. There
is hereby established under MGL c. 40C an Historic District Commission,
which Commission may also be referred to as the "Historic District
Bylaw Commission," consisting of seven members appointed by the Select
Board, including, when possible, one member selected from two nominees
submitted by the Belchertown Historic Association; one member selected
from two nominees submitted by the local Board of Realtors; one member
who is a registered architect in the Commonwealth of Massachusetts,
selected from two nominees submitted by the local chapter of the American
Institute of Architects; one member who is a resident and property
owner in the district; and three members who are residents of the
Town at large. Nominations shall be solicited and received pursuant
to MGL c. 40C, § 4.
[Amended 5-9-2016 ATM
by Art. 16]
B. Members
of the Historic District Commission shall be appointed for terms of
three years so arranged that the term of at least one member, including
but not limited to one of the members appointed from the residents
of the Town at large, expires each year. Vacancies shall be filled
within 60 days by the Select Board by appointment for the unexpired
term. All members shall serve without compensation. The Commission
shall elect annually a Chairman and Vice Chairman from its own number
and shall appoint a Secretary from within or without its own number.
Four members of the Commission shall constitute a quorum.
The Historic District Commission shall have
all powers and duties of Historic District Commissions as provided
by the Historic District Act, MGL c. 40C, and subsequent amendments
thereto, unless specifically limited by this chapter.
A. Rules and regulations. The Commission may adopt rules
and regulations not inconsistent with the provisions of the Historic
District Act.
B. Staffing and assistance. The Commission may, subject
to appropriation or receipt of monetary gifts, employ clerical and
technical assistants or consultants and may incur other expenses appropriate
to the carrying out of its work.
C. General regulatory powers. The Commission shall have
regulatory control over new construction, reconstructions, alterations,
movements and demolition of all exterior architectural features of
buildings and structures within the Historic District which are visible
from any public street, public way or public park within the Historic
District, except as limited by this chapter. The term "structure"
includes stone walls, fences, driveways, walks, terraces, steps, pavings,
signs, lights and appurtenant fixtures on lots, buildings or structures.
For purposes of this chapter, any structure partially within the Historic
District shall be considered within the district.
D. Considerations.
(1) In passing upon matters before it, the Commission
shall consider, among other things, the historic and architectural
value and significance of the site, building or structure; the general
design, arrangement, texture, material and color of the features involved;
and the relation of such features to similar features of buildings
and structures in the surrounding area. In the case of new construction
or additions to existing buildings or structures, the Commission shall
consider the appropriateness of the size, shape and material of the
building or structure, both in relation to the land area upon which
the building or structure is situated and to the buildings or structures
in the vicinity, and the Commission may, in appropriate cases, impose
dimensional and setback requirements in addition to those required
by applicable zoning bylaws.
(2) In passing upon applications for a certificate of
appropriateness, the local Historic District Commission shall refer
to historical scholarship based on original sources, historic photographs
or other visual documentation and the Secretary of the Interior's
Standards for Rehabilitation in order to evaluate the proposed changes.
E. Exceptions. The Commission may determine from time
to time, after public hearing, that certain categories of exterior
architectural features, structures or signs may be constructed or
altered without review by the Commission. The Commission may, after
public hearing, set forth the various designs of certain appurtenances,
such as lighting fixtures, which will meet the requirements of the
Historic District, but no such determination shall limit the right
of an applicant to present other designs to the Commission for its
approval.
The Town of Belchertown shall be subject to
the provisions of this chapter, notwithstanding any town bylaw to
the contrary.
In case any section, paragraph or part of this
chapter shall be declared invalid or unconstitutional by any court
of last resort, every other section, paragraph or part shall continue
in full force and effect.
Following town meeting approval, this chapter
shall take effect immediately when the following conditions have been
met:
A. Approval by the Attorney General of the commonwealth.
B. Filing of a map of the boundaries of the Historic
District with the Belchertown Town Clerk, the Belchertown Building
Inspector and the Registry of Deeds for Hampshire County.