This chapter shall be known and may be referred to by the short
title of the "Historic Preservation Ordinance of the Town of Newton."
These historic preservation regulations are intended to effect
and accomplish the protection, enhancement and perpetuation of especially
noteworthy examples or elements of the Town's environment in
order:
A. To safeguard the heritage of Newton by preserving resources within
the Town which reflect elements of its cultural, social, economic
and architectural history.
B. To encourage the continued use of historic landmarks and to facilitate
their appropriate reuse based on the current socioeconomic conditions.
C. To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
site objects, or district within the Town of Newton.
D. To stabilize and improve property values within the district.
E. To promote appreciation of historic landmarks for education, pleasure
and the welfare of the local population.
F. To encourage beautification and private reinvestment.
G. To manage change by encouraging any alteration or new construction
within the district to be in keeping with the historic nature of the
structure.
H. To discourage the unnecessary demolition of historic resources, which
remain viable structures contributing value to the district.
I. To recognize the importance of individual historic landmarks located
outside of a district by urging property owners and tenants to maintain
their properties.
J. To encourage the proper maintenance and preservation of historic
settings and landscapes.
K. To encourage appropriate alterations of historic landmarks.
L. To enhance the visual and aesthetic character, diversity, continuity
and interest in the Town.
M. To promote the conservation of historic sites within the district.
As used in this chapter, the following terms shall have the
meanings indicated:
ADDITION
The construction of a new improvement as part of an existing
structure when such new improvement changes the exterior architectural
appearance of any landmark.
ADMINISTRATIVE OFFICER
The person designated by the Town Council to handle the administration
of historic project review applications, as well as the coordination
of building permit applications, as referenced in this chapter.
ALTERATION
Any physical changes to the exterior of a building in the
historic district that do not physically expand property; but which
are permanent, not just decorative.
APPROVED ALTERNATE MATERIALS
A list of materials approved for use in the historic district
to repair or replace existing materials within the district. The list
can be found at the end of this chapter as Appendix A and may be revised
from time to time to incorporate newly available materials on the
market. Materials are intended to be similar to existing materials
such that appearance is similar yet cost savings can be achieved as
well as improved energy efficiency.
BUILDING
A structure created to shelter human activity.
DEMOLITION
A partial or total razing or destruction of any building
or of any improvement within the historic district.
DISREPAIR
The condition of being in need of repairs; a structure or
building in disrepair.
HISTORIC DISTRICT
A.
A geographically definable area, urban or rural, small or large,
possessing a significant concentration, linkage or continuity of sites,
buildings, structures and/or objects which viewed collectively:
(1)
Represent a significant period(s) in the development of the
Town; or
(2)
Have a distinctive character resulting from their architectural
style; or
(3)
Because of their distinctive character, can readily be viewed
as an area or neighborhood district from surrounding portions of the
Town.
B.
Resources within the historic district shall be classified as
"key," "contributing" or "noncontributing," which are defined as:
(1)
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.
(2)
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the historic district, either because they date from a time period for which the district is significant, or because they represent an architectural type, period, or method for which the district is significant.
(3)
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant, nor represent an architectural type, period, or method for which the district is significant.
HISTORIC LANDMARK(S)
Any buildings, structures, sites, objects or districts which
possess integrity of location, design, setting, materials, workmanship,
and association and which have been determined pursuant to the terms
of this chapter to be:
A.
Of particular historic significance to the Town of Newton at
the time it was built by reflecting or exemplifying the broad cultural,
political, economic or social history of the nation, state or community;
B.
Associated with the historic personages important in national,
state or local history;
C.
The site of a historic event which had a significant effect
on the development of the nation, state or community;
D.
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering; or
E.
Representative of the work or works of a locally, regionally
or nationally important builder, designer, artist or architect.
IMPROVEMENT
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation for a period of not less than 120 continuous
days.
OBJECT
A thing of functional, aesthetic, cultural, historic, or
scientific value that may be by nature or design, movable yet related
to a specific setting or environment.
ORDINARY MAINTENANCE
Repairing any deterioration, wear or damage to a structure
or any part thereof, in order to return to a similar state as nearly
as practicable to its condition prior to the occurrence of such deterioration,
wear or damage. Ordinary maintenance shall further include replacement
of exterior elements or accessory hardware, including signs using
the same or similar approved materials having the same appearance.
(See Appendix A).
OVERLAY ZONE DISTRICT
A zoning district made up of underlying zone districts or
parts of zone districts as shown on the Town Zoning Map. An overlay zone district controls certain standards with
the exception of bulk and use requirements which are controlled by
the underlying zone district(s).
REMOVAL
To partially or completely cause a structure or a portion
of a structure to change to another location, position, station or
residence.
REPAIR
Any work done on any improvement which:
A.
Is not an addition to the improvement; and
B.
Does not change the exterior architectural appearance of any
improvement.
REPLACEMENT
Repairs affecting the exterior architectural appearance of
a structure.
SITE
The place where a significant event or pattern of events
occurred. It may be the location of prehistoric or historic occupations
or activities that may be marked by physical remains, or it may be
the symbolic focus of a significant event or pattern of events that
may not have been actively occupied. A site may also be the location
of a ruined building, structure, or object if the location itself
possesses historic, cultural, or archeological significance.
STRUCTURE
Any man-made work arranged in a definite pattern of organization.
UNDERLYING ZONE DISTRICT
A zoning district which forms a constituent part of an overlay
zone district. Underlying zone districts control bulk and use requirements.
This chapter shall apply to all landmarks in a district and to any other historic resources which are designated in accordance with the procedures outlined in §
139-9.
All uses permitted for a historic landmark or for structures
within the historic district shall be those designated by the Zoning
Ordinance.
The maximum building height, minimum lot size, maximum coverage,
etc., shall be as provided in the Zoning Chapter for the respective
zones, except that the Planning Board may grant variances and waivers
from such regulations where necessary.
Prior to undertaking any action affecting the exterior architectural
appearance of a historic landmark or any building within the historic
district, the property owner shall receive approval or signoff from
the Zoning Officer or Construction Official.
In reviewing an application for its effect on a historic landmark or an improvement within the historic district, the following criteria shall be used by the Historic Preservation Advisory Commission and the Planning Board. The criteria set forth in §
139-13A relate to all projects affecting a historic landmark or an improvement within the historic district. The criteria set forth in §
139-13B through
E relate to specific types of undertakings and shall be used in addition to the general criteria set forth in §
139-13A.
A. In regard to all applications affecting a historic landmark or an
improvement within the historic district, the following factors shall
be considered:
(1) The impact of the proposed change on the historic and architectural
significance of the landmark or the historic district.
(2) The landmark's importance to the municipality and the extent
to which its historic or architectural interest would be adversely
affected to the detriment of the public interest.
(3) The use of any structure involved.
(4) The extent to which the proposed action would adversely affect the
public's view of a landmark or structure within the historic
district from a public street.
(5) If the application deals with a structure within the historic district,
the impact the proposed change would have on the district's architectural
or historic significance and the structure's visual compatibility
with the buildings, places and structures to which it would be visually
related in terms of the visual compatibility factors set forth herein.
(6) Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street shall be visually compatible
with buildings and places to which it is visually related.
(7) Roof shape. The roof shape of a building shall be visually compatible
with buildings and places to which it is visually related.
(8) Scale of building. The size of a building, the mass of a building
in relationship to open spaces, the windows, door openings, porches
and balconies shall be visually compatible with buildings and places
to which it is visually related.
(9) Directional expression of front elevation. A building shall be visually
compatible with buildings and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character, or nondirectional character.
B. In regard to an application for new construction, alterations, additions,
or replacement affecting a historic landmark or an improvement within
the historic district, the following factors shall be considered:
(1) Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2) Proportion of the building's front facade. The relationship
of the width of the building to the height of the front elevations
shall be visually compatible with buildings and places to which it
is visually related.
(3) Proportion of openings within the facility. The relationship of the
width of windows to the height of windows in a building shall be visually
compatible with buildings and places to which it is visually related.
(4) Rhythm of spacing of buildings on streets. The relationship of the
building to the open space between it and adjoining buildings shall
be visually compatible with buildings and places to which it is visually
related.
(5) Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of a building shall
be visually compatible with buildings and places to which it is visually
related.
(6) Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street shall be visually compatible
with buildings and places to which it is visually related.
(7) Roof shape. The roof shape of a building shall be visually compatible
with buildings and places to which it is visually related.
(8) Scale of building. The size of a building, the mass of a building
in relationship to open spaces, the windows, door openings, porches
and balconies shall be visually compatible with buildings and places
to which it is visually related.
(9) Directional expression of front elevation. A building shall be visually
compatible with buildings and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character, or nondirectional character.
C. Rehabilitation. Supplemental design guidelines which should be considered
in evaluating the appropriateness of changes to a historic landmark
or within the historic district are as follows:
(1) Relationship of materials, texture and color. The relationship of
materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the building to which it is visually related.
(2) Walls of continuity. Appurtenances of a building such as walls, open-type
fencing, evergreens, and landscape masses shall form cohesive walls
of enclosure along a street to the extent necessary to maintain visual
compatibility of the main building with the buildings and places to
which it is visually related.
(3) Exterior features.
(a)
A structure's related exterior features such as lighting,
fences, signs, sidewalks, driveways, and parking areas shall be compatible
with the historic period for which the structure is significant. New
signage shall also abide by any supplemental historic design graphic
standards that may be developed by the Commission for the district.
(b)
It is the intent of this chapter to preserve the integrity and
authenticity of the historic preservation districts and to ensure
the compatibility of new structures therein.
D. In regard to an application to demolish a historic landmark or any
improvement within the historic district, the following matters shall
be considered:
(1) Its historic, architectural, cultural or scenic significance in relation to the criteria established in §
139-9A.
(2) If it is within the historic district, the significance of the structure
in relation to the historic character of the district and the probable
impact of its removal on the district.
(3) Its potential for use for those purposes currently permitted by the
Zoning Ordinance.
(4) Its structural condition and the economic feasibility of alternatives
to the proposal.
(5) Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(6) The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense.
(7) The extent to which its retention would promote the general welfare
by maintaining and increasing the real estate values, generating business,
attracting tourists, attracting new residents, stimulating interest
and study in architecture and design, or making the municipality an
attractive and desirable place in which to live.
(8) If it is within the historic district, the probable impact of its
removal upon the ambiance of the historic district.
E. In regard to an application to move any historic landmark or to move
any structure within the historic district, the following matters
shall be considered:
(1) The historic loss to the site of original location and the historic
district as a whole.
(2) The reasons for not retaining the landmark or structure at its present
site.
(3) The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the protection of interest
and values referred to in this chapter.
(4) If the proposed new location is within a district, visual compatibility factors as set forth in §
139-13B.
(5) The probability of significant damage to the landmark or structure
itself.
(6) If it is to be removed from the Town of Newton, the proximity of
the proposed new location to the Town, including the accessibility
to the residents of the Town and other citizens.