[HISTORY: Adopted by the Annual Town Meeting of the Town
of Harvard 3-4-1972 by Art. 37; amended 3-3-1973 by Art. 21. Subsequent amendments noted where applicable.]
To preserve and protect the historic assets of Harvard, its
buildings, structures, places, sites, and surrounding settings of
historical or architectural significance, the Town adopts this bylaw
under the provisions of Chapter 40C of the General Laws.
The following Historic Districts are established, with boundaries defined in § 48-3, Historic District Maps:
[Amended 3-30-1974 STM by Art. 1; 3-29-1975 ATM by Art. 21; 6-28-1976 STM by Art. 6; 3-28-2015 ATM by Art. 38]
[Amended 3-27-2006 ATM by Art. 40; 10-22-2018 STM by Art. 1]
An Historic District Commission is hereby established, to consist
of seven members and two alternate members, appointed by the Select
Board, under the provisions of Chapter 40C of the General Laws, as
amended by Chapter 359 of the Acts of 1971:
A.
Three residents of the Town.
B.
One member from nominees submitted by the chapter of the American
Institute of Architects covering the area.
C.
One member from nominees submitted by the Board of Realtors covering
the area.
D.
One member from nominees submitted by the Harvard Planning Board.
E.
One member from nominees submitted by the Harvard Conservation Commission.
F.
Two alternate members to serve for one-year terms.
G.
Their successors shall be appointed in the same manner as the original
appointment for terms, other than alternate members, of three years.
If practical, the Commission should include at least one resident
of an historic district.
H.
If no nominees
have been submitted to Select Board within 60 days of a request for
nominees by the Select Board to the appropriate board, commission
or organization, the Select Board may proceed to appoint a resident
to the Commission to fill the position for which nominees were requested.
[Amended 11-18-1991 STM by Art. 10]
The Commission shall have all the powers and duties of an historic
district commission as provided by M.G.L. Chapter 40C, and subsequent
amendments thereto, and any other powers given to the Commission by
vote of the Town Meeting of the Town of Harvard pursuant to M.G.L.
Chapter 40C, Section 10(i). The Commission shall also have the powers
and duties of an historical commission as provided by Chapter 40,
Section 8D, and shall be entitled the "Harvard Historical Commission."
A.
Rules and regulations. The Commission may adopt rules and regulations
not inconsistent with the provisions of M.G.L. Chapter 40C, and prescribe
such forms as it shall deem desirable and necessary for the regulation
of its affairs and the conduct of its business. The Commission shall
file a copy of such rules and regulations with the Town Clerk.
B.
Staffing and assistance. The Commission may, subject to appropriation,
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 the authority
to review and render a decision of appropriateness on all proposed
new construction, reconstructions, alterations, relocations and demolition
of all exterior architectural features of buildings and structures,
or any portion thereof, within the Historic District which are visible
from any public street, public way, public park or public body of
water, except as limited by this bylaw. The term "structure" shall
include but not be limited to stone walls, fences, driveways, walks,
terraces, steps, pavings, signs, lights, and appurtenant fixtures
on the lots, buildings, or structures. For purposes of this bylaw,
any structures partially within the Historic District shall be considered
wholly within the district.
D.
Criteria for determination. 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 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.
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.
[Added 11-18-1991 STM by Art. 10]
A.
The Commission shall not consider interior arrangements or architectural
features not subject to public view.
B.
The Commission shall not make any recommendation or requirement except
for the purpose of preventing developments incongruous to the historic
aspects for the architectural characteristics of the surroundings
and of the Historic District.
C.
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.
[Added 11-18-1991 STM by Art. 10]
A.
Except as this bylaw provides in § 48-5, 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. The applicant must provide an abutters list and agrees to pay any fees for necessary legal notices.
[Amended 3-31-2007 ATM by Art. 38]
B.
Applications for certificates shall be filed in triplicate, one copy
being filed with the Commission, one with the Building Commissioner
and one with the Town Clerk. Applications shall be in the form specified
by the Commission, to include plans and elevations, drawn to scale,
detailed enough to show architectural design for the structure and
its relation to the existing building, and other materials and information
deemed necessary by the Commission. Plot and site plans should be
filed when applications for certificates are made for improvements
affecting appearances, such as walls, fences, steps and paving. In
the case of demolition or removal, the application must include a
statement of the proposed condition and appearance of the property
thereafter. The date of the filing of an application shall be the
date on which a copy of such application is received by the office
of the Town Clerk.
[Amended 10-22-2018 STM by Art.
1]
C.
Within 14 days of the filing of an application for any certificate,
the Commission shall determine whether the application involves any
features which are subject to 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 on the
application, except as may otherwise be provided by this bylaw. Public
notice of the time, place and purpose of the hearing shall be given
at least 14 days in advance by posting in a conspicuous place in Town
Hall, and in a newspaper of general circulation in Harvard. Concurrently,
the Commission shall mail a copy of said notice to the applicant,
owners of all adjoining properties and all other properties deemed
by the Commission to be materially affected thereby, the Planning
Board, the Building Commissioner, the Town Clerk, any person filing
a written request for notice of hearing, and other persons as the
Commission shall deem entitled to notice.
[Amended 10-22-2018 STM by Art.
1]
E.
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 it determines
that the exterior architectural feature involved, or its category,
is so insubstantial in its effect on the Historic District that it
may be reviewed by the Commission without a public hearing. 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.
F.
The Commission shall decide upon the determination of any application
within 60 days of its filing or within such further tine as the applicant
may allow in writing, and shall issue a certificate or a disapproval.
G.
If the Commission determines that the proposed construction or alteration
will be appropriate for or compatible with the preservation or protection
of the Historic District, a certificate of appropriateness shall be
issued. 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 this
bylaw.
H.
In the case of a disapproval of an application for certificate, the
Commission shall set forth in its disapproval the reasons for such
disapproval, and may include 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, would make the application
acceptable to the Commission. Prior to the issuance of a disapproval
of an application for a certificate of appropriateness, the Commission
may, at its sole discretion, notify the applicant in writing of its
proposed action accompanied by specific recommendations of 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 said recommended changes, the Commission shall
issue a certificate of appropriateness.
I.
Upon request, the Commission may issue a certificate of nonapplicability
to any applicant whose request does not require Commission approval.
J.
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 Historic 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 the public welfare
and without substantial derogation from the intent and purposes of
this bylaw. 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.
K.
If the Commission should fail to issue a certificate or a disapproval
within 60 days of the date of the filing of the application for determination
or within such further time as the applicant may allow in writing,
the Commission shall thereupon issue a certificate of hardship due
to failure to act.
L.
The concurring vote of four members of the Commission shall be required
to issue a certificate.
M.
Each certificate shall be dated and signed by the Chair of the Commission,
and the Commission shall keep a permanent record of its determinations.
The Commission shall send a copy of the certificate or disapproval
to the applicant and shall file a copy with the Town Clerk and the
Building Commissioner. The date of issuance of a certificate or disapproval
shall be the date of the filing of such copy with the office of the
Town Clerk.
[Amended 10-22-2018 STM by Art.
1]
[Added 11-18-1991 STM by Art. 10]
A person aggrieved by a determination of the Commission may,
within 20 days of the issuance of a certificate or disapproval, file
an appeal to the Worcester County Superior Court.
[Added 11-18-1991 STM by Art. 10]
The Commission shall determine whether a particular activity
is in violation of this bylaw or not, and shall be charged with the
enforcement thereof.
A.
The Commission, upon a written complaint of any resident of Harvard,
or owner of property within Harvard, or upon its own initiative, may
institute an appropriate action or proceedings in the Worcester County
Superior Court in the name of the Town of Harvard to prevent, correct,
restrain or abate violation of this bylaw. The Commission and the
Select Board shall have the power to petition the Superior Court for
enforcement of the bylaw. In the case where the Commission is requested
in writing to enforce this bylaw against any person allegedly in violation
of said bylaw 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 therefore, within 21 days of receipt
of such request.
[Amended 10-22-2018 STM by Art.
1]
B.
Whoever violates any of the provisions of this bylaw 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.
C.
The Commission may designate the Building Commissioner of the Town
of Harvard to act on its behalf and to enforce this bylaw under the
direction of the Commission.
[Amended 10-22-2018 STM by Art.
1]
[Added 11-18-1991 STM by Art. 10]
A.
The Town of Harvard shall be subject to the provisions of this bylaw
notwithstanding any Town bylaw to the contrary.
B.
This bylaw may be amended from time to time by a two-thirds vote
of the Town Meeting, provided that the substance of such amendment
has first been submitted to the Commission for its recommendation,
and the procedures set forth in M.G.L. Chapter 40C have been adhered
to.
C.
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.
