[HISTORY: Adopted by the Town Meeting of the Town of Sharon
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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:
A.
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.
B.
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.
C.
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.
Any building or portion thereof which:
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
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
Is included in the Cultural Resources Inventory prepared by
the Commission, including those buildings listed for which complete
surveys may be pending; or
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
(1)
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
(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 building,
and that such efforts have been unsuccessful.
A.
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.
B.
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.
C.
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.
