[HISTORY: Adopted by the Annual Town Meeting
of the Town of Belchertown 5-14-1990 by Art. 14. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 145.
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.
A.
The Historic District Commission shall not make any
recommendations or requirement with regard to new construction, reconstructions
or additions, except for the purpose of preventing development incongruous
with the historic aspects and/or architectural characteristics of
the surroundings and of the Historic District.
B.
The following elements shall be exempt from review
by the Historic District Commission, as provided under MGL c. 40C,
§ 8.
(1)
Storm doors and windows, screens, window air conditioners
or any one or more of them.
(2)
The color of paint. Any change in material, including
but not limited to the painting of a previously unpainted surface,
the removal of paint from a previously painted surface or the covering
of a surface with artificial siding, shall require the review and
approval of the Historic District Commission as set forth in this
chapter.
C.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance, repair or replacement of any exterior architectural
feature within an historic district which does not involve a change
in design, material, color or outward appearance, nor to prevent landscaping
with plants, trees and shrubs, nor to prevent the meeting of requirements
certified by a duly authorized public official to be necessary for
public safety, nor to prevent any construction or alteration under
a permit duly issued prior to the effective date of this chapter.
A.
Except as this chapter provides in § 51-5, no building or structure within the Historic District shall be constructed or altered in any way that affects exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship with respect to such construction or alteration, nor shall any building permit or permit for demolition be issued by the town or any department thereof for any building or structure within the Historic District until the certificate required by this section has been issued by the Commission.
B.
Applications for certificates shall be made in triplicate,
one copy being filed with the Historic District Commission, one copy
with the Building Inspector and one copy with the Town Clerk. Applications
shall be in the form specified by the Commission, to include plans
and elevations, signed by the draftsman or architect, drawn to scale,
detailed enough to show the architectural design of the structure
and its relation to existing buildings, and other materials deemed
necessary by the Commission. Plot and site plans should be filed when
the applicant proposes improvements affecting appearances, such as
walks, fences, steps and paving. In the case of demolition or removal,
the applicant must include a statement of the proposed condition and
appearance of the property thereafter.
C.
Within 14 days of the filing of the application for
any certificate, the Commission shall determine whether the application
involves any features which are subject to review and/or approval
by the Commission.
D.
If the application requires the Commission's review,
or at the request of the applicant, the Commission shall hold a public
hearing, unless waived according to MGL c. 40C, as amended. Public
notice of the time, place and purposes of the hearing shall be given
at least 14 days in advance, and the Commission shall notify by mail
all affected parties as provided in MGL c. 40C, as amended.
E.
The Commission shall make a determination on the application
within 60 days of its filing or within such further time as the applicant
may allow in writing.
F.
A certificate of appropriateness shall be issued to
the applicant if the Commission determines that the proposed construction
or alteration will be appropriate and compatible with the preservation
and protection of the Historic District. In the case of disapproval
of an application for a certificate for appropriateness, the Commission
shall place upon its record the reasons for such determination and
shall forthwith cause a notice of its determination, accompanied by
a copy of the reasons therefor as set forth in the records of the
Commission, to be issued to the applicant, and the Commission may
make recommendations for changes in the applicant's proposal which,
if made, would make the application acceptable to the Commission.
If, within 14 days of receipt of such notice, the applicant files
a written modification of his application in conformity with the changes
recommended by the Commission, the Commission shall issue a certificate
of appropriateness to the applicant.
G.
Upon request, the Commission may issue a certificate
of nonapplicability to any applicant whose proposed work does not
require Commission approval.
H.
If an application is deemed inappropriate or if application
is specifically made for a certificate of hardship, the Commission
may issue a certificate of hardship if conditions especially affecting
the building or structure involved, but not affecting the Historic
District generally, would result in a substantial hardship, financial
or otherwise, to the applicant and if approval would not result in
a substantial detriment to the public welfare. A certificate of hardship
shall also be issued in the event that the Commission does not make
a determination on an application within the time specified in this
chapter.
I.
Each certificate issued by the Historic District Commission
shall be dated and signed by the Chairman, Vice Chairman, Secretary
or such other person designated by the Commission to sign certificates
on its behalf. The Commission shall keep a permanent record of its
determinations, the vote of each member participating therein and
the reasons for determination and shall file a copy of notice of certificates
and determinations or disapproval with the Town Clerk and Building
Inspector.
J.
An applicant may, within 20 days of the decision by
the Commission, appeal to a Superior Court sitting in equity. The
Commission shall pay litigation costs only if the Commission is found
to have acted in bad faith, with malice or with gross negligence.
The Town of Belchertown shall be subject to
the provisions of this chapter, notwithstanding any town bylaw to
the contrary.
A.
This chapter may be amended from time to time by a
two-thirds vote of the town meeting, provided that the amendment has
first been submitted to the Historic District Commission for its recommendation,
subject to the procedures set forth in MGL c. 40C, § 3,
as amended.
B.
An existing historic district may only be enlarged
or reduced, or additional historic districts may only be established,
subject to the procedures and conditions outlined in MGL c. 40C, § 3.
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:
