[HISTORY: Adopted by the Town Meeting of the Town of Sharon as indicated in article histories. Amendments noted where applicable.]
Zoning — See Ch. 275.
[Adopted as Art. 18 of the Town Bylaws]
There is hereby established an Historic District Commission under the provisions of the Historic Districts Act, MGL c. 40C, consisting of five members, and three alternate members, appointed by the Select Board members, including one member, where possible, from two nominees submitted by the Society for the Preservation of New England Antiquities, one member, where possible, from two nominees, one of whom shall be submitted by the Massachusetts State Chapter of the American Institute of Architects, and one of whom shall be submitted by the Boston Society of Landscape Architects, and one member, where possible, from two nominees of the Board of Realtors covering Sharon. One or more of the foregoing shall be, where possible, a resident of an Historic District established in Sharon pursuant to the Historic Districts Act. When the Commission is first established, one member shall be appointed for a term of one year, two shall be appointed for a term of two years, and two shall be appointed in like manner for terms of three years. When the Commission is first established, one alternate member shall be appointed in like manner for a term of one year, one alternate member shall be appointed for a term of two years, one alternate member shall be appointed for a term of three years, and their successors shall be appointed in like manner for terms of three years.
There is hereby established an Historic District under the provisions of the Historic Districts Act, MGL c. 40C, bounded and described as follows:
Historic District No. 1: The land shown on a plan entitled "Proposed Sharon Historic District" by John A. Newell A.I.A. & Associates, dated September 27, 1969, filed in the office of the Town Clerk, and comprising the parcels labeled on said plan "Unitarian Church," "Mr. and Mrs. Wilbur T. Morse," "First Congregational Church Parsonage," "Dr. Walter A. Griffin Office," "Dennett House," "First Congregational Church" and "Sharon Public Library," together with that part of North Main Street and that part of High Street enclosed by the heavy line drawn around the above premises on said plan.
Historic District No 2: Buildings and property situated at 41 Bay Road, Sharon, commonly known as "Cobb's Tavern." Said property is described and bounded as follows: Beginning at a point marked by an iron pipe next to a stone wall paralleling Bay Road and at the northeasterly junction of the lot with Bay Road extending 212 feet southerly along Bay Road to another iron pipe; thence westerly at an angle of 90 degrees, 09 minutes to Bay Road 168.04 feet to the property of the then John Lavezzo and another iron pipe; thence northerly at an angle of 100 degrees, 20 minutes for a distance of 142.00 feet to another iron pipe; thence easterly at an angle of 100 degrees, 07 minutes at a distance of 206.38 feet to the starting point on Bay Road. The property containing in all 32,430 square feet, about 0.737 acre, shown on a Plan of Land in Sharon, Mass. belonging to Clifford C. Best, dated September 30, 1947, and recorded at Norfolk County Registry of Deeds, Book 54-1948, which conveyed the land to Frederic S. Tobey et ux attested January 22, 1948, by L. Thomas Shine, Register. The recorded conveyance from Frederic S. Tobey to Chandler W. Jones is February 6, 1959, Book 3703, Page 373.
Historic District Number 3: The land shown on a plan entitled "Proposed Sharon Historic District Three" by the Town of Sharon Department of Public Works Engineering Division dated March 19, 2004, filed in the office of the Town Clerk, and comprising the parcels labeled on said plan "75 South Main Street (Charles R. Wilber School) and 21 South Pleasant Street (Pleasant Street School and Kate Morrell Park)."
The Historic District Commission shall have all the powers and duties of historic district commissions as provided by the Historic Districts Act, MGL c. 40C.
The Historic District Commission shall adopt rules and regulations for the conduct of its business not inconsistent with the provisions of the Historic Districts Act, MGL c. 40C, and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept money gifts and expend same for such purposes.
When taking action under the provisions of the second paragraph of MGL c. 40C, § 7, the Historic District Commission shall make a determination within 50 days after the filing of the application for a certificate of appropriateness, or such further time as the applicant may in writing allow.
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 as Art. 34 of the Town Bylaws]
This bylaw is enacted for the purpose of preserving and protecting significant buildings within the Town which are outside local historic districts and to encourage owners of such buildings to seek out persons who might be willing to purchase, preserve, rehabilitate, or restore such buildings rather than demolish them. To achieve these purposes, the Sharon Historical Commission (the "Commission") is empowered to advise the Building Inspector with respect to the issuance of permits for demolition of significant buildings. The issuance of demolition permits for significant buildings is regulated as provided in this bylaw.
As used in this bylaw, the following terms shall have the meanings indicated:
- Any combination of materials forming a shelter for persons, animals, or property.
- The Sharon Historical Commission.
- Any act of pulling down, destroying, removing, or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same.
- SIGNIFICANT BUILDING
- Any building or portion thereof which:
- A. In whole or in part was built 100 or more years prior to the date of the application for the demolition permit or is of unknown age; or
- B. Is listed on, or is within an area listed on, the National Register of Historic Places, or is the subject of a pending application for listing on said National Register; or
- C. Is included in the Cultural Resources Inventory prepared by the Commission, including those buildings listed for which complete surveys may be pending; or
- D. Has been determined by vote of the Commission to be historically or architecturally significant in terms of period, style, method of building construction, or association with a famous architect or builder, provided that the owner of such a building and the Building Inspector have been notified, in hand or by certified mail, within 10 days of such vote.
Upon receipt of an application for a demolition permit for a significant building, the Building Inspector shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time.
Within 14 days, the Commission shall make an initial determination as to the historic significance of the building. The initial determination shall be positive if the structure is historically inventoried or to be inventoried by the Historical Commission. Otherwise the determination is negative.
If the initial determination is negative, the Building Inspector may issue the permit. If the determination is positive, the Commission shall fix a reasonable time for a public hearing on the application and shall give public notice thereof by publishing notice of the time, place, and purpose of the hearing in a local newspaper at least 14 days before said hearing and also within seven days of said hearing, mailing a copy of said notice to the applicant, to the owners of all property deemed by the Commission to be affected thereby as they appear on the most recent local tax list, and to such other persons as the Commission shall deem entitled to notice.
If, after such hearing, the Commission determines that the demolition of the significant building would not be detrimental to the historical or architectural heritage or resources of the Town, the Commission shall so notify the Building Inspector within 10 days of such determination. Upon receipt of such notification, or after the expiration of 15 days from the date of the conduct of the hearing if he/she has not received notification from the Commission, the Building Inspector may, subject to the requirements of the State Building Code and any other applicable laws, bylaws, rules, and regulations, issue the demolition permit.
If the Commission determines that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the Town, such building shall be considered a preferably preserved significant building. The Commission shall notify the Massachusetts Historic Commission and other interested parties requesting assistance in preservation funding and adaptive reuses.
Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a preferably preserved significant building, the Commission shall so advise the applicant and the Building Inspector, and no demolition permit may be issued until at least 12 months after the date of such determination by the Commission.
Notwithstanding the preceding sentence, the Building Inspector may issue a demolition permit for a preferably preserved significant building at any time after receipt of written advice from the Commission to the effect that either:
The Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate, or restore such buildings; or
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 building, and that such efforts have been unsuccessful.
The Commission and/or the Building Inspector are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this bylaw or to prevent a threatened violation thereof.
Any owner of a building subject to this bylaw that demolished the building without first obtaining a demolition permit in accordance with the provisions of this bylaw shall be subject to a fine of not more than $300. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission.
If a building subject to this bylaw is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the Commission.
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.