[HISTORY: Adopted by the Town of Medfield as indicated in
Article histories. Amendments noted where applicable.]
[Adopted 4-25-1989 (Art. XIV of the 1926 Bylaws)]
This Bylaw shall be known and may be cited as the "Historic
Districts Bylaw Under the Authority of Massachusetts Laws, Chapter
40C, as Amended."
The purpose of this Bylaw is to promote the educational, cultural,
physical, economic and general welfare of the public through the preservation
and protection of the historical assets of Medfield, including buildings,
sites and districts of historical and architectural interest; through
the maintenance of such landmarks of the history of Medfield, the
Commonwealth and the nation, and through the development of appropriate
uses and settings for such buildings and places.
A.
John Metcalf Historic District. The boundaries are hereby established
as shown on the official Historic District Map filed, as most recently
amended, with the Massachusetts Historical Commission on April 23,
2004, and also filed with the Town Clerk and recorded at the Norfolk
County Registry of Deeds, which map accompanies and is hereby declared
to be part of this Bylaw.
[ATM 4-29-1996; ATM 4-26-2004]
B.
Hospital Farm Historic District. The boundaries are hereby established
as shown on the official Historic District Map filed with the Massachusetts
Historical Commission on January 18, 1994, and also filed with the
Town Clerk and recorded with the Norfolk County Registry of Deeds,
which map accompanies and is hereby declared to be a part of this
Bylaw.
[ATM 4-29-1996]
C.
Clark-Kingsbury Farm Historic District. The boundaries are hereby
established as shown on the official Historic District Map filed with
the Massachusetts Historical Commission on January 4, 1997, and also
filed with the Town Clerk and recorded with the Norfolk County Registry
of Deeds, which map accompanies and is hereby declared to be a part
of the Bylaw.
[ATM 4-28-1997]
D.
Town Center Historic District. The boundaries are hereby established
as shown on the official Historic District Map filed with the Massachusetts
Historical Commission on January 13, 2000, and also filed with the
Town Clerk, which map accompanies and is hereby declared to be a part
of this Bylaw; and by amending the Town's official Historic District
Map to add said district with the boundaries shown on the map filed
with the Massachusetts Historical Commission on January 13, 2000,
a copy of which is printed in the Warrant Report, but excluding therefrom
parcels #10, 12, 14, 16, 17 and 19 shown on said map, said map as
further amended to be filed with the Town Clerk, and recorded in the
Norfolk Registry of Deeds as required by MGL c. 40C, § 3.
[ATM 4-24-2000]
[1]
Editor's Note: See also the historic district maps included as attachments to this chapter.
A.
The Medfield Historic District Commission, hereinafter referred to
as the "District Commission," shall consist of five members and alternates
appointed by the Selectmen.
B.
The membership of the District Commission shall be made up as follows:
(1)
One member from two nominees submitted by the Medfield Historical
Society;
(2)
One member, if possible, from two nominees submitted by the chapter
of the American Institute of Architects covering the area;
(3)
One member, if possible, from two nominees submitted by the Massachusetts
Board of Realtors;
(4)
One member, if possible, from two nominees submitted by the Medfield
Planning Board.
C.
If the membership cannot be appointed as designated above, these
positions shall be filled without designation: two additional members
without designation.
D.
All nominees shall be residents of the Town of Medfield.
E.
One member, if possible, shall be a resident of or owner of real
estate in the John Metcalf Historic District.
F.
When the District Commission is first established, two members shall
be appointed for one-year terms, two members shall be appointed for
two-year terms, and the remaining members and the two alternates shall
be appointed for three-year terms, and all members shall serve until
a successor is appointed and confirmed. At the expiration of their
terms, the Selectmen shall appoint successors for three-year terms
in the manner described in the preceding subsections. Vacancies for
any unexpired term shall be filled in the same manner as in the original
appointment.
G.
The District Commission shall elect annually a Chairman and Vice-Chairman
from its own number and a Secretary from within or without its number.
H.
Alternates shall have all the powers and duties of regular members
when called to serve by the Chairman or Vice-Chairman of the District
Commission.
I.
All members and alternates shall serve without compensation.
As used in this Bylaw, the following words and phrases shall
include the meanings indicated below:
Shall include the term "rebuilding, "reconstructing," "restoring,"
"removing," and "demolishing."
A combination of materials forming a shelter for persons,
animals or property.
Shall include the terms "building," "erecting," "installing,"
"enlarging," and "moving."
The historic districts established and described in § 150-3.
[Amended 4-28-2014 ATM
by Art. 32]
The Medfield Historic District Commission acting as such.
Such portion of the exterior of a building or structure as
is open to view from a public street, public way or public park, including
but not limited to the architectural style and general arrangement
and setting thereof, the kind and texture of exterior building materials,
or other materials applied to exterior surface and the type and style
of windows, doors, lights, signs and other appurtenant exterior fixtures.
A combination of materials other than a building, including
but not limited to a sign, fence, wall, terrace, walk or driveway,
tennis court and swimming pool.
No building or structure within the historic districts shall be constructed, demolished, moved or altered in any way that affects exterior architectural features and no building shall be moved into an historic district unless the District Commission shall first have issued a certificate of appropriateness, a certificate of hardship or a certificate of nonapplicability with respect to such construction, alteration or movement. The Building Inspector shall not issue a permit within an historic district unless one of the certificates noted above has first been issued by the District Commission or the proposed improvement is exempted from these provisions by § 150-7.
A.
In accordance with MGL c. 40C, § 8, the authority
of the District Commission is not extended to the review of the following:
[Amended 4-28-2014 ATM
by Art. 32]
(1)
Temporary structures or signs, subject, however, to such conditions
as to duration of use, location, lighting, removal and similar matters
as the District Commission may reasonably specify.
(2)
Terraces, walks, driveways, sidewalks and similar structures, or
any one or more of them, that do not substantially change the grade
level.
(3)
Storm doors, storm windows, screens, window air conditioners, lighting
fixtures, antennas and similar appurtenances, or any one or more of
them.
(4)
Color or type of paint or roofing.
(5)
Signs used for residential occupation or professional purposes which
are not more than one foot square in area, provided that:
(6)
Signs used in connection with nonresidential purposes, which are
not more than 12 square feet in area, consist of letters painted on
wood without symbols or trademark and, if illuminated, are illuminated
only indirectly.
(7)
Reconstruction of a building, structure or exterior architectural
feature which has been damaged or destroyed by fire, storm or other
disaster, provided that the exterior design is substantially similar
to the original and is begun within one year thereafter and carried
forward with due diligence.
B.
Even though the preceding statements are listed as exemptions, the
Historic District Commission recommends that it be consulted in an
advisory capacity to aid property owners in choosing cost-effective
and the most aesthetically pleasing materials to suit their needs
for their historic property. The District Commission would like to
be considered and given an opportunity to make recommendations.
A.
The District Commission shall have all the powers of an Historic
District Commission as described in MGL c. 40C. The District Commission
shall adopt rules and regulations for the conduct of its business,
not inconsistent with MGL c. 40C, or with the purpose of this Bylaw.
B.
The District Commission may receive and accept appropriations, grants
and gifts for the furthering of the purposes of this Bylaw. It may
establish an historic marker program, public guides, maps and other
appropriate publications to illustrate historical and architectural
resources of historic districts and to acquire and maintain historic
properties.
C.
The District Commission shall propose changes in Medfield historic
district boundaries as it deems appropriate. MGL c. 40C will guide
the procedures for these activities.
The District Commission shall act at all times with a clear
understanding of the needs of the residents of a Medfield historic
district or districts to enjoy the progress of contemporary life in
the use of their homes and properties. The District Commission shall
coordinate historic preservation activities, and oversee the preparation
and implementation of historic preservation plans of Medfield. The
District Commission shall provide informational assistance to owners
of historic structures on matters pertaining to preservation of those
structures in Medfield.
[ATM 6-2-2003]
A.
Any person aggrieved by a determination of the District Commission
may, within 20 days after the filing of the notice of such determination
with the Town Clerk, file a written request with the District Commission
for a review by a person or persons of competence and experience in
such matters, designated by the Metropolitan Area Planning Council
(MAPC).
B.
The finding of the person or persons making such review shall be
filed with the Town Clerk within 45 days after the request, and shall
be binding on the applicant and the District Commission, unless a
further appeal is sought in the Superior Court as provided in MGL
c. 40C, § 12A.
In case any section, paragraph or part of this Bylaw be for
any reason declared invalid or unconstitutional by any court of last
resort, every other section, paragraph or part shall continue in full
force and effect.
[Adopted ATM 4-26-1994 (Art. XVI of the
1926 Bylaws)]
[Amended 4-29-2013 ATM
by Art. 23]
This Bylaw is adopted for the purpose of protecting the archeologic,
historic, and aesthetic resources of the Town of Medfield by surveying,
preserving, rehabilitating, researching, or restoring whenever possible,
buildings, structures, or archeological sites which constitute or
reflect distinctive features of the architectural, cultural, or historic
resources of the Town, thereby promoting the public welfare and preserving
the cultural heritage of Medfield.
[Amended 4-29-2013 ATM
by Art. 23]
As used in this Bylaw, the following terms shall have the meanings
indicated:
An application for a demolition permit filed by the owner
of record of the premises, or the holder of a bona fide purchase and
sale agreement for such premises. The application must be signed by
both the applicant and (if different) the owner of record at the time
of application. An applicant may withdraw an application without prejudice
at any time prior to a decision by the Commission.
The Archeological Protection District is composed of shaded
and labeled areas shown on the included map entitled "Archeological
Protection District, Town of Medfield, Massachusetts."
The Medfield Historical Commission.
The Building Commissioner of the Town of Medfield.
The permit issued by the Commissioner as required by the
State Building Code for the demolition, partial demolition, or removal
of a building or structure.
Any building, structure, or archeological site which is:
Importantly associated with one or more historic persons or
events, or with the architectural, cultural, political, economic,
social history of the Town of Medfield, the Commonwealth of Massachusetts,
or the United States of America; or which is
Historically or architecturally important by reason of period,
style, method of construction, or association with a particular architect
or builder, either by itself or in the context of a group of buildings
or structures.
Any historically significant structure individually or in
context which, because of the important contribution made by such
structure to the Town's historical or architectural resources, is
in the public interest to preserve, rehabilitate, or restore.
The parcel of land on which an historically significant structure
exists; or the site itself due to its archaeological significance.
[Amended 4-29-2013 ATM
by Art. 23]
The provisions of this Bylaw shall apply to only the following
buildings, structures, and sites:
A.
Buildings, structures, or sites listed on the National Register of
Historic Places or the State Register of Historic Places.
B.
Buildings, structures, or sites which in whole or in part were constructed
50 or more years prior to the date of the application for the demolition
permit.
C.
Notwithstanding the above, the provisions of this Bylaw shall not
apply to any building, structure, or site located in a local historic
district and subject to regulation under the provisions of MGL c.
40C.
D.
Archeological sites located within the boundaries of the Archeological
Protection District.
[Amended ATM 4-26-1999; ATM 6-2-2003; 4-29-2013 ATM by Art. 23]
A.
Upon receipt of an application for a demolition permit for a building,
structure or site regulated by this Bylaw, the Commissioner shall
forward a copy thereof to the Commission. No demolition permit shall
be issued at that time.
B.
Within 14 days of receipt of the application by the Commission, the
chairperson of the Commission shall post the date for a meeting of
the Commission at which the application shall be heard. The hearing
shall take place no fewer than 28 days and no more than 49 days after
the receipt of the application from the Commissioner. The Commission
shall give public notice of the hearing by publishing at least 14
days before the hearing an announcement in a local newspaper of the
time, place, and purpose of the hearing. The Commission shall also
mail a copy of said notice to the applicant, to all abutters, to the
owner of record (if different from the applicant), to all abutters,
to the owners of all properties deemed by the Commission to be affected
by the proposed demolition, to the Medfield Historic District Commission,
and to any others the Commission deems entitled to notice.
C.
If, after the hearing, the Commission determines that the proposed
demolition of the building, structure, or site would not be detrimental
to the purposes protected by this Bylaw, the Commission shall notify
the Commissioner within 10 days of such determination. Upon receipt
of such notification, or after the expiration of 15 days from the
hearing if he has not received such notice, the Commissioner shall,
subject to the requirements of the State Building Code and any other
applicable laws, Bylaws, rules and regulations, issue the demolition
permit.
D.
If the Commission determines that (1) the building, structure or site is a historically significant structure (as defined in § 150-13), and (2) the demolition of this historically significant structure would be detrimental to the historical or architectural resources of the Town, such historically significant structure (and its premises) shall be declared a preferably preserved historically significant structure.
E.
Upon a determination by the Commission that the historically significant
structure (and its premises) which is the subject of the application
for a demolition permit is a preferably preserved historically significant
structure (and premises), the Commission shall notify the applicant
and the Commissioner. No demolition permit may be issued for at least
18 months after the date of such determination by the Commission.
F.
Notwithstanding the above, the Commissioner may issue a demolition
permit for a preferably preserved historically significant structure
after receipt of written advice from the Commission to the effect
that either of the following applies:
(1)
The Commission is satisfied that there is no reasonable likelihood
that either the owner or some other reasonable person or group is
willing to purchase, preserve, rehabilitate, or restore said structure;
or
(2)
The Commission is satisfied that for at least six months the owner
has made continuing, bona fide, and reasonable efforts to locate a
purchaser to preserve, rehabilitate, and restore the subject historically
significant structure, and that such efforts have been unsuccessful;
or
(3)
The
Commission has determined that the proposed demolition may be conducted
in a manner that is not detrimental to the historical, architectural
or archaeological resources of the Town.
G.
No demolition permit for a preferably preserved historically significant
structure shall be granted until all approvals are in place for subsequent
development. Approvals include but are not limited to building permits,
zoning variances or special permits (if necessary), licenses, easements
and subdivisions of the premises of any kind. All appeals from the
granting of such approvals must be concluded before the demolition
permit may be granted.
H.
Demolition permits are valid for six months, in accordance with state
statute. If the building, structure or site is not demolished within
six months, the Commission may issue an extension, or it may require
the applicant to reapply.
I.
A decision
by the Commission is made in relation to the party filing the application
only, is nontransferable, and expires two years from the date of the
decision. If demolition has not occurred prior to the expiration of
the decision, a new application for a demolition permit must be filed
prior to any subsequent demolition.
J.
If a building, structure, or archaeological site is determined to be a preferably preserved historically significant structure (as defined in § 150-13), the owner shall be responsible for properly securing such building or structure, if vacant, or site to the satisfaction of the Commission. Should the owner fail to properly secure such building, structure, or site, a subsequent destruction of such building, structure, or site at any time during the period of the demolition delay through fire or other cause which could have been prevented by properly securing such building, structure, or site, shall be considered a voluntary demolition in violation of this Bylaw under § 150-17B.
A.
Upon receipt of an application for a building permit, an earth removal
permit, a subdivision permit, or an open space residential zoning
permit for property located within the Archeological Protection District,
the permit granting authority shall direct the applicant also to supply
the Commission with a copy of the application for review and recommendation.
Failure of the Commission to respond within 30 days of its receipt
of the application shall be deemed to signify its lack of opposition
to the project.
B.
If the Commission finds that the proposed construction poses a serious
threat to the Town's archeological resources, it can recommend that
the permit granting authority require that the applicant make adequate
provision for the safeguarding of said archeological resources. Such
adequate provisions might include, but are not limited to, surveys
and resource preservation plans completed in cooperation with the
Commission and/or the state archeologist.
A.
The Commission and the Inspector are each authorized to institute
any and all proceedings in law or in equity as they deem necessary
and appropriate to obtain compliance with the requirements of this
Bylaw or to prevent a violation thereof.
B.
No building permit shall be issued with respect to any premises upon
which an historically significant structure has been voluntarily demolished
in violation of this Bylaw for a period of two years after the date
of the completion of such demolition.
C.
Appeals. Decisions made by the Commission may be appealed to the
Selectmen within 21 days. Within 30 days of its receipt of an applicant's
appeal, the Board of Selectmen shall schedule a public hearing; the
Board of Selectmen shall provide written notice thereof to the applicant,
the Historic Commission, and to immediate abutters and the Board shall
provide notice to the public by publication once in a newspaper of
general circulation.
[Amended 4-25-2016 ATM by Art.
40]
D.
At that public meeting, the Board of Selectmen shall review the record
of the Historic Commission's proceedings, including meeting minutes
and any documents. Based upon its review, the Board of Selectmen shall
determine if a reasonable factual basis exists to support the Historic
Commission's finding that the property or structure is "historically
significant" and should be "preferably preserved." If the Board of
Selectmen determines that a reasonable factual basis exists, it shall
uphold the Historic Commission; if the Board of Selectmen determines
there is not a reasonable factual basis, it shall direct that the
demolition delay be lifted.
[Added 4-25-2016 ATM by Art. 40]
If any section, paragraph, or part of this Bylaw be for any
reason declared invalid or unconstitutional by any court, every other
section, paragraph, and part shall continue in full force and effect.