[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wayland 5-12-2004 by Art. 38, amended in its entirety 5-5-2005 ATM by Art. 30. Subsequent amendments
noted where applicable.]
196-101.1. The purpose of this bylaw is to promote
the preservation and protection of the distinctive characteristics
of buildings and places significant in the history of the Town of
Wayland, the maintenance and improvement of settings of such buildings
and settings, and the encouragement of design compatible with the
existing architecture.
196-102.1. As used in this bylaw, the following
terms shall have the following meanings, unless otherwise stated:
To rebuild, reconstruct, restore, remove, demolish or other
similar activities, including a change in exterior color.
A combination of materials forming a shelter for persons,
animals or property.
A certificate of appropriateness, a certificate of nonapplicability,
or a certificate of hardship as set forth in this bylaw.
Chapter 40C of the Massachusetts General Laws.
The Historic District Commission as established by this bylaw.
To build, erect, install, enlarge, move and other similar
activities.
The historic districts established pursuant to Chapter 40C
and this bylaw 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 street, public way, public park or public
body of water, including but not limited to the architectural style
and general arrangement and setting thereof, the kind, color and texture
of exterior building materials, the color of paint or other materials
applied to exterior surfaces 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 historic district as property within 100
feet of said property lines and any charitable corporation which has
as one of its purposes the preservation of historic structures 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
a sign, fence, wall, terrace, walk or driveway.
Chapter 196 of the Code of the Town of Wayland.
196-103.1. The district shall consist of one
or more district areas as listed in § 196-201 of this bylaw
and as delineated in the map or maps identified in § 196-201
of this bylaw.
196-103.2. Prior to the establishment of additional
districts, an investigation and report on the historical and architectural
significance of the buildings, structures or sites to be included
in the proposed district shall be made by the existing district commission(s)
acting as an historic district study commission pursuant to the provisions
of Chapter 40C, Sections 3 and 4. The buildings, structures or sites
to be included in the proposed district may consist of one or more
parcels or lots of land, or one or more buildings or structures on
one or more parcels or lots of land. Copies of the report shall be
transmitted to the Planning Board and to the Massachusetts Historical
Commission for their respective consideration and recommendations.
Not less than 60 days after such transmittal, the study committee
shall hold a public hearing on the report after due notice given at
least fourteen days prior to the date thereof, which shall include
a written notice mailed postage prepaid, to the owners as they appear
on the most recent real estate tax list of the Board of Assessors
of all properties to be included in such district or districts. The
committee shall submit a final report with its recommendations, a
map of the proposed district or districts and a draft of the proposed
bylaw to the Town Meeting for its consideration. Adoption of such
bylaw shall require a 2/3 vote of the Town Meeting.
196-103.3. In the case of the enlargement or
reduction of an existing district, the investigation, report and hearing
shall be conducted by the historic district commission having jurisdiction
over such district. In the case of a creation of an additional historic
district, the investigation, report and hearing shall be conducted
by the existing historic district commission or commissions acting
jointly if there is more than one historic district commission, provided,
however, that the existing historic district commission(s) may relinquish
all power relative to the establishment of an additional district(s)
as permitted by Chapter 40C, Section 3, in which event an historic
district study committee shall be appointed by the Selectmen to perform
all acts required of historic district commission(s) for the establishment
of additional districts.
196-103.4. A district created pursuant to this
bylaw or any amendment to the boundaries of an existing district shall
not become effective until a map or maps setting forth the boundaries
of the new district, or the change in the boundaries of an existing
district has been filed with the Town Clerk and recorded in the Middlesex
South Registry of Deeds.
196-104.1. The district(s) shall be administered
by a Commission consisting of seven members, appointed by the Select
Board. Initial terms shall be as follows: two members shall be appointed
for one year; two members shall be appointed for two years and three
members shall be appointed for three years. The Select Board shall
fill the vacancies in membership arising from expired terms by appointments
for a term of three years. Appointments to membership shall be so
arranged that the term of at least one member will expire each year,
and their successors shall be appointed in the same manner as the
original appointment. Any vacancy in the membership of the Commission
shall be filled for the unexpired portion of any member's term by
the Select Board.
196-104.2. A Commission shall include one member
from two nominees submitted by the local chapter of the American Institute
of Architects; one realtor from two nominated by the Board of Realtors
covering Wayland; one member from two nominees submitted by the Wayland
Historical Society; and one or more resident(s) or property owner(s)
in an historic district administered by the Commission. If within
30 days after submission of a written request for nominees to any
of the organizations herein named no such nominations have been made,
the Selectmen may proceed to appoint members without nomination by
such organization.
196-104.3. The Select Board may appoint up to
two alternate members to the Commission. Alternate members need not
be from nominees of organizations entitled to nominate members. In
the event that a permanent member is absent or unable to act for any
reason, the Chairman of the Commission shall designate an alternate
member to act in place of a permanent member. The initial appointments
of alternate members shall be for terms of two or three years, with
appointments thereafter being for three year terms.
196-104.4. Each member and alternate member
to a Commission shall continue to serve in office after the expiration
date of his or her term until a successor is duly appointed.
196-104.5. Meetings of a Commission shall be
held at the call of the Chairman, at the request of two permanent
members and in such other manner as the Commission shall determine.
196-104.6. Four members of a Commission shall
constitute a quorum.
196-105.1. The Commission shall regulate the
construction and/or alteration of any building(s) or structure(s)
within the district over which it has jurisdiction in accordance with
the provisions of Chapter 40C and the procedures and criteria established
by this bylaw. Except as otherwise provided in § 196-106
of this bylaw, no building or structure within a district shall be
constructed or altered in any way that affects exterior architectural
features unless the Commission having jurisdiction over that district
shall first have issued a certificate of appropriateness, a certificate
of nonapplicability or a certificate of hardship with respect to such
construction or alteration.
196-105.2. The Commission may adopt and/or amend
reasonable rules and regulations which are consistent with the provisions
of this bylaw and with Chapter 40C, and which set forth such procedures
as it deems desirable and necessary for the regulation of and conduct
of its business, including requirements for the contents and form
of applications for certificates, fees, hearing procedures, and other
matters. The Commission shall file a copy of any such rules and regulations
with the Town Clerk.
196-105.3. A Commission shall at the beginning
of each fiscal year hold an organizational meeting and elect a Chairman,
a Vice Chairman, and Secretary from among the permanent members, and
file notice of such election with the Town Clerk.
196-105.4. The Commission shall keep a permanent
record of its decisions, transactions, resolutions, and of the vote
of each member participating therein.
[Amended 5-15-2022 ATM by Art. 17]
196-106.1. Any person who desires to obtain
a certificate from the Commission shall file an application with the
Commission. The application shall be accompanied by such plans, elevations,
specifications, photographs, material 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. The date of the filing of an application shall be
the date on which a copy of such application is received at the Town
Building. The Commission shall determine within 14 days after the
filing of an application for a certificate whether the application
involves any exterior architectural features which are subject to
approval by the Commission.
196-106.2. If the application involves any exterior
architectural features which are subject to review and approval under
this bylaw, the Commission shall hold a public hearing within 45 days
after the filing of a completed application for a certificate of appropriateness
or a certificate of hardship unless additional time is agreed to by
both the applicant and the Commission or unless such hearing is dispensed
with as provided in § 196-106.3 of this bylaw. At least
14 days before said public hearing, public notice shall be given by
posting in the Town Building and on the Historic District Commission
webpage of the Town website. Such notice shall identify the time,
place and purpose of the public hearing. Concurrently, a copy of said
public notice shall be mailed to the applicant, to the owners of all
adjoining properties and to other property owners deemed by the Commission
to be materially affected thereby, and to any person filing written
request for notice of hearings and to such other persons as the Commission
shall deem entitled to notice.
196-106.3. 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. In addition, 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, as the case may be, is so insubstantial
in its effect on the district that it may be reviewed by the Commission
without public hearing on the application, provided, however, that
if the Commission dispenses with a public hearing on an application,
notice of the application shall be given to the owners of all adjoining
property and 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.
196-106.4. A Commission shall render a decision
within 60 days after the filing of a completed application for a certificate
of appropriateness unless further time for a decision is allowed,
in writing, by the applicant. If the Commission shall fail to make
a determination within 60 days, the Commission shall thereupon issue
a certificate of hardship.
196-106.5. In the case of a disapproval of an
application for a certificate of appropriateness, the Commission shall
place upon its records 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
to the applicant with respect to appropriateness of design, arrangement,
texture, materials, and similar features. Prior to the issuance of
any disapproval, the Commission may notify the applicant of its proposed
action accompanied by recommendations of changes in the applicant's
proposal which, if made, would make the application acceptable to
the Commission. If within 14 days of the receipt of such notice the
applicant files a written modification of his application in conformity
with the recommended changes of the Commission, the Commission shall
cause a certificate of appropriateness to be issued to the applicant.
196.106.6. The concurring vote of a majority
of the members of the Commission shall be required to issue a certificate.
196-106.7. In issuing certificates, the Commission
may, as it deems appropriate, impose certain conditions and limitations,
and may require architectural or plan modifications consistent with
the intent and purpose of this bylaw.
196-106.8. 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.
196-106.9. If a Commission determines that an
application for a certificate of appropriateness or for a certificate
of nonapplicability does not involve any exterior architectural feature,
or involves an exterior architectural feature which is not subject
to review by the Commission, the Commission shall cause a certificate
of nonapplicability to be issued to the applicant.
196-106.10. 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 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 and
whether such application may be approved without substantial detriment
to public welfare and without substantial derogation from the intent
and purposes of this ordinance. If the Commission determines that
owing to such conditions failure to approve the 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.
196-106.11. Each certificate issued by the Commission
shall be dated and signed by the chairman or such other person designated
by the Commission to sign such certificates on its behalf.
196.106.12. The Commission shall send a copy
of certificates and disapprovals issued to the applicant and shall
file a copy with the Town Clerk and the Building Commissioner.
196-106.13. Any person aggrieved by a determination
of the Commission, may, within 20 days of the filing of the notice
of such determination with 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, designated by the Metropolitan Area
Planning Council. The finding of the reviewers shall be filed with
the Town Clerk within 45 days after the request, and shall be binding
on the applicant and the Commission, unless further appeal is sought
by commencing an action in 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 reviewers has been filed with the
Town Clerk.
196-107.1. In deliberating on applications for
certificates, 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.
196-107.2. In the case of new construction or
additions to existing buildings or structures, the Commission shall
consider the appropriateness of size and shape of the building or
structure both in relation to the land area upon which the building
or structure is situated and to buildings and structures in the vicinity,
and the Commission may in appropriate cases impose dimensional and
setback requirements in addition to those required by applicable zoning
bylaw.
196-107.3. The Commission shall not consider
interior arrangements or architectural features not subject to public
view.
196-107.4. The Commission shall not make any
recommendation or requirement except for the purpose of preventing
developments incongruous to the historic aspects or the architectural
characteristics of the surroundings and of the district.
196-107.5. Nothing in this bylaw shall be construed
to prevent 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, nor
to prevent landscaping with plants, trees or shrubs, nor construed
to prevent the meeting of requirements certified by a duly authorized
public officer to be necessary for public safety because of an unsafe
or dangerous condition, nor construed to prevent any construction
or alteration under a permit duly issued prior to the effective date
of any bylaw or amendment thereto listing a specified district.
196-107.6. 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 the Town Building
and in a newspaper of general circulation in Wayland, that certain
categories of exterior architectural features, colors, structures
or signs, including, without limitation any of those enumerated under
G.L. c. 40C § 8, 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.
196-108.1. This bylaw shall not adopt any items
for exclusions from review as set forth in Chapter 40C Section 8.
196-109.1. The Commission, as defined herein,
is authorized to institute any and all actions and proceedings, in
law or in equity, in any court of competent jurisdiction, pursuant
to the provisions of Chapter 40C, Section 13, as amended, or its successor,
as it deems necessary and appropriate to obtain compliance with the
requirements of this bylaw and the determinations, rulings and regulations
issued pursuant thereto. Whoever violates any of the provisions of
this bylaw shall be punished by a fine not exceeding $300 for each
offense. Each day any violation of this bylaw shall continue shall
constitute a separate offense.
196-110.1. The provisions of this bylaw shall
be deemed to be severable. If any of its provisions shall be held
to be invalid or unconstitutional by any court of competent jurisdiction
the remaining provisions shall continue in full force and effect.
There is hereby established pursuant to Massachusetts
General Laws Chapter 40C and this bylaw, an historic district known
as the "Wayland Historic District." The location and boundaries of
the Wayland Historic District are defined and shown on the map entitled
"Plan Showing Proposed Historic District Changes in Wayland, Massachusetts
2001 Annual Town Meeting" dated 2-1-2001, which map is attached to
and made part of this bylaw.[1] This district includes the original district established
pursuant to a vote of the 1965 Annual Town Meeting on March 10, 1965,
as shown on a plan entitled "Plan of Proposed Historic District" dated
January 19, 1965, and enlarged by vote of the 1966 Annual Town Meeting
on March 9, 1966, the 1973 Annual Town Meeting on March 9, 1973, the
1994 Annual Town Meeting on April 28, 1994, the 1995 Annual Town Meeting
on May 1, 1995, the 2000 Annual Town Meeting on April 27, 2000 and
the 2001 Annual Town Meeting on April 26, 2001. Said plan is recorded
as plan number 1036 of 2001 in the Middlesex County Registry of Deeds.
[1]
Editor's Note: Said map is on file in the
Town offices.
There is hereby established pursuant to Massachusetts
General Laws Chapter 40C and this bylaw, an historic district known
as the Bow Road Historic District, bounded and described as shown
on the map entitled, "Plan of Land in Wayland, Massachusetts showing
Bow Road Historic District," dated September 25, 2003, which map is
attached to and made part of this bylaw.[1] Said plan is recorded as plan number 1208 of 2003 in the
Middlesex County Registry of Deeds.
[1]
Editor's Note: Said map is on file in the
Town offices.
