[HISTORY: Adopted by the Town of Lunenburg 5-2-2015 ATM by Art. 26. Amendments noted where
applicable.]
A.
This bylaw is enacted under the Home Rule Amendment of the Massachusetts
Constitution for the purposes of:
(1)
Preserving, restoring and protecting groups of historically and/or
architecturally significant buildings and the characteristics of their
neighborhoods that are important to the Town's architectural, cultural,
economic, political and/or social history;
(2)
Fostering wider public knowledge and appreciation of such neighborhoods
and contributing properties;
(3)
Limiting the detrimental effect of alterations (substantial and minor),
additions, and demolitions on the character of such contributing properties
and their neighborhood settings;
(4)
Reviewing proposed alterations (substantial and minor), including
demolition of or to any contributing property located within the APD,
for appropriateness and compatibility with the existing buildings,
setting and neighborhood character; and
(5)
Facilitating the protection of the APD through a regulatory review.
B.
To achieve these purposes, the Town of Lunenburg may designate APDs
to be administered as set forth in this bylaw.
For the purpose of this bylaw, the terms and words listed below
shall have the following meanings:
Any addition to a principal or accessory contributing property
that is enclosed by walls and which increases the existing gross floor
area.
Pursuant to § 113-7 of this bylaw, a process to review proposed alterations to contributing properties and identify the need for binding review.
Replacement, modification or material change to existing
architectural features on a contributing property, which retains the
character of the property as determined by the Architectural Preservation
District Commission. Examples include, but are not limited to, windows,
doors, roof material and trim work.
A change to a contributing property or part thereof, such
as removal, reconstruction, restoration, replication, rehabilitation,
addition, or demolition; and/or a change to a site that includes enlarging
or moving a building and other similar activities.
An area of historic and/or architectural significance determined
by the Town's residents to be worthy of preservation.
Pursuant to § 113-8 of this bylaw, a mandatory process which applies to substantial alterations of contributing properties, including demolition, in the APD.
A combination of materials having a roof, the purpose of
which is the shelter of persons, animals, property, or processes,
including any other permanent structure.
A document issued by the APDC allowing alterations pursuant to § 113-8 of this bylaw.
Any building or stone wall within an APD, which is older
than 75 years and contributes to the Architectural Preservation District's
historical character as determined by the Architectural Preservation
District Commission.
The act of removing or razing structures or significant parts
of structures, or commencing the work of total or substantial destruction
with the intent of completing the same.
Destruction by failure to maintain roof, siding, foundation
or any other aspect that requires upkeep, which could ultimately result
in the Contributing Property being condemned. These include but are
not limited to:
Facades which may fall and injure members of the public or property.
Deteriorated or inadequate foundation, deteriorated flooring
or floor supports, deteriorated walls or other vertical structural
supports.
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to deterioration.
Deteriorated or ineffective waterproofing of exterior walls,
roof, foundations or floors, including broken windows or doors.
Improper or insufficient waterproofing or exterior wall covering,
including lack of paint or weathering due to lack of paint or other
protective covering.
Any fault or defect in the Contributing Property caused by alteration
or neglect of maintenance, which renders it not properly watertight
or structurally unsafe.
Fireplaces or chimneys which list, bulge or settle due to deterioration.
A public document which provides further detail and illustration of the design standards established in § 113-9 of this bylaw. Such guidelines, by facilitating the APOC's determination as to whether proposed alterations are appropriate and compatible with the existing Contributing Property's, setting and neighborhood character of the APD, will ensure fair, reasonable and objective preservation practices by the APDC.
[Amended 5-7-2016 ATM
by Art. 42]
The APD shall, by Town Meeting vote, encompass the areas shown
on the map entitled "Town of Lunenburg Architectural Preservation
District" and appended to this bylaw. Amendments to the district boundaries
may be made only by vote of Town Meeting.
 |
[Amended 5-7-2016 ATM
by Art. 42; 5-7-2022 ATM by Art. 24]
The Select Board shall appoint a five-member APDC to oversee
the APD pursuant to this bylaw. Initially, two members shall be appointed
for one year, two for two years, and one for three years; each successive
appointment shall be made for three years. The Select Board may also
appoint up to two alternate members, initially for terms of one, two
and three years, and for three-year terms thereafter. If members are
absent, unable to act, or recused from voting due to a conflict of
interest, the APDC Chair may designate one or both of the alternate
members to serve in their place. To the extent achievable, the APDC
shall be comprised of the following persons: a member of the Lunenburg
Historical Commission; a design professional; a craftsperson or building
contractor familiar with historic restoration; and one resident of
the APD and one resident at large. Members and alternates of the APDC
shall by reason of experience and/or education have demonstrable knowledge,
interest, and ability to effectively carry out the APDC's responsibilities.
A.
The APDC shall exercise its powers in reviewing the alteration (substantial or minor), including demolition, of contributing properties within the APD as set forth in this bylaw, and in accordance with the standards described in § 113-9. Within 180 days of its establishment, the APDC shall adopt design guidelines to assist the APDC in determining whether the proposal satisfies the standards described in § 113-9, as well as to facilitate owner understanding of, and compliance with, those standards. The APDC may also promulgate rules and regulations consistent with the provisions of this bylaw, or set forth such forms and procedures as it deems appropriate for the regulation of its affairs and the conduct of its business, including requirements for the contents and form of applications for certificates, hearing procedures and other matters. In adopting design guidelines and rules and regulations, including any subsequent amendments, the APDC shall first hold a duly posted public hearing advertised at least 14 days in advance within a newspaper of local circulation.
B.
The APDC shall not adopt or amend any design guidelines or rules
and regulations until at least 35 days after the APDC has provided
a copy of those proposed guidelines or rules and regulations to the
Select Board.
[Amended 5-7-2022 ATM by Art. 24]
The following are exempt from the requirements of this bylaw:
A.
Routine maintenance of contributing properties.
B.
Repairs or improvements which do not require a building permit from
the Building Commissioner.
C.
Temporary buildings (subject to time and size limits imposed by the
APDC).
D.
Interior building alterations.
E.
Exterior building colors.
F.
Installation, removal or replacement of storm windows and storm doors,
screen windows and screen doors.
G.
Installation, removal or replacement of gutters, downspouts, window
shutters and door shutters.
H.
Structures not defined as contributing properties.
A.
Minor alterations such as like-for-like replacement of architectural features and other minor work (as outlined in the APDC regulations) shall be reviewed through this process to ensure consistency of the property's character and appropriateness of the proposed materials. The APDC shall make a determination that the proposed work is exempt or that it does not retain the character of the contributing property. In the case where the work does not retain the character of the contributing property, it shall be determined to equate to a substantial alteration and require a binding review per § 113-8 of this bylaw.
B.
Property owners considering substantial alterations to a contributing property are strongly encouraged, but not required, to request an administrative review from the APDC. This review would focus on directing the applicant toward developing a proposal that would be compliant with the binding review process in § 113-8.
C.
Administrative review does not require a public hearing and can be requested electronically. In providing administrative review for a proposed alteration, the APDC shall make a finding as to whether or not the proposed alteration is compatible with the standards in § 113-9 and the associated design guidelines. The APDC shall provide its finding in writing, as a negative determination or a requirement of binding review, and within 45 days of receiving a request for administrative review. The requirement of binding review may include recommendations on how the proposed alteration could be made more consistent with the standards and the design guidelines.
B.
Applications should include a completed application form and photographs
showing existing buildings and site conditions. For substantial alteration,
including additions and demolition, applicants should also provide
building elevations showing the proposed configuration and building
materials; a plan showing the approximate footprint and relationships
of buildings to other structures, exterior circulation, and points
of entry; and any other plans which may help to demonstrate the proposed
building design. Applications can be submitted electronically, but
applicants shall also provide one hard copy of the application to
the Planning Office. If appropriate, the APDC may waive any or all
of the requirements for design submittal and review.
C.
Within 45 days of the application submittal, a copy of which shall be filed with the Town Clerk, the APDC shall hold a public hearing on the application, said hearing to be noticed by an ad published at least once in a newspaper with local circulation 14 days or more before the hearing. Following the hearing, the APDC shall determine whether or not the proposed alteration is consistent with the standards set forth in § 113-9 and the associated design guidelines. If the APDC determines by majority vote that the alteration adheres to the standards and the design guidelines, it shall issue a certificate to alter, which may be subject to reasonable conditions that the APDC deems necessary and appropriate. If the APDC does not achieve a majority vote that the alteration is compatible with the standards and the design guidelines, it shall make a negative determination. The APDC's written determination shall be submitted to the property owner within 20 days of the close of the public hearing, and no later than 90 days after the submittal of an application, unless granted a time extension by the owner. In making its determination, the APDC shall provide a rationale for its action, including a description of how the alteration does or does not meet the standards set forth in § 113-9 and the design guidelines. If the APDC denies a certificate to alter, it may include nonbinding, advisory only recommendations on how the proposed alterations may be modified to satisfy the APDC. Once the applicant modifies the alterations in a manner that the APDC finds acceptable, the APDC shall issue a certificate to alter. The determinations of the APDC relative to alterations described in this § 113-8, whether positive or negative, shall be binding on the applicant.
[Amended 5-7-2016 ATM
by Art. 42]
When reviewing an application, the APDC shall consider the following standards, which are intended to guide the property owner in the site development and building design, as well as the APDC in its review of proposed actions as described in § 113-8 above:
A.
Height and proportions. The height, proportions, and relationship
of height to width between windows, doors, signs and other architectural
elements should be compatible with the architectural style and character
of the building or structure.
B.
Relation of structures and spaces. The relation of a structure to
the open space between it and adjoining structures should be compatible
with such relationships in the district.
C.
Shape. The shape of roofs, windows, doors and other design elements
should be compatible with the architectural style and character of
the building.
D.
Scale. The scale of a structure alteration should be compatible with
its architectural design style and character and that of the district.
E.
Directional expression. Building facades and other architectural
design elements should be compatible with those of others in the district
with regard to the dominant vertical or horizontal expression or direction
related to use and historical or cultural character, as appropriate.
F.
Garages and accessory buildings. Garages and accessory buildings
shall be sensitively integrated into the overall development, and
should not be the predominant design feature when viewed from the
street.
G.
Materials and methods of construction. Materials used shall be consistent
with the appearance and character of the surrounding properties and
contribute to the historic nature of the area. Construction methods
shall meet Building Code requirements and visually resemble historic
patterns but may use contemporary technology.
Each certificate to alter or negative determination issued by
the APDC shall be dated and signed by its Chair or such other person
designated by the APDC to sign certificates on its behalf. The APDC
shall send a written copy of its actions to the property owner and
shall file other copies with the office of the Town Clerk and the
Building Commissioner. The date of issuance of a certificate or negative
determination shall be the date of its filing of other said copy with
the office of the Town Clerk. If the APDC should fail to submit a
written determination within 20 days of closing its public hearing,
or within 90 days of the submittal of a certificate, or within such
further time as the applicant may allow in writing, a certificate
to alter shall be waived in favor of the property owner.
A.
In addition to the duties previously set forth in this bylaw, the
APDC or the Building Commissioner shall issue enforcement orders,
with an immediate cease-and-desist order directing compliance with
this bylaw and shall undertake any other enforcement authorized by
law.
B.
Upon request of APDC, and with the approval of the Select Board,
the Town Counsel shall take legal action on behalf of the Town for
enforcement of this bylaw, or any order issued hereunder, in any court
of competent jurisdiction. In the case of demolition, including demolition
by neglect, without approval of the APDC, no building permit shall
be issued with respect to any contributing property within the APD
that caused a demolition of its building, structure or contributing
property for a period of up to two years after the date of the violation.
[Amended 5-7-2022 ATM by Art. 24]
C.
The APDC or its designee may use any and all of the aforementioned
enforcement methods to address the contributing factors of demolition
by neglect for purposes of preventing a contributing property from
becoming structurally deficient or economically infeasible to repair.
A.
Except as stated in Subsection B below, the APDC's authority as established in this bylaw shall not supersede or interfere with the regulatory authority of other local or state boards or APDCs.
B.
By exercise of this bylaw, the APDC assumes the authority of the Lunenburg Historical Commission pursuant to Chapter 134, Demolition Delay, of these General Bylaws, relative to the proposed demolition (including demolition by neglect) of buildings that are over 75 years of age and located within the APD.
C.
The APDC shall coordinate its review with that of other Town boards.
D.
The APDC shall be included as an advisory review entity in new construction
projects in the APD.
[Amended 5-7-2016 ATM
by Art. 42]
[Amended 5-1-2021 ATM by Art. 24]
Any aggrieved party may appeal the action of the APDC in accordance
with the General Laws. As an alternative but not necessarily as a
substitute for such an appeal, with respect to any building or property
owned by the Town of Lunenburg, the Lunenburg Select Board, on behalf
of the Town of Lunenburg being aggrieved by the APDC’s denial
of a certificate to alter the same, may after a period no earlier
than three (3) months and no later than twelve (12) months after said
action, petition any Annual or Special Town Meeting to, by majority
vote, override the same, if deemed to be in the public interest.
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.
[Amended 5-7-2016 ATM
by Art. 42]
Appendix A: The location and boundaries of the Town of Lunenburg
Architectural Preservation District are defined and shown on the map
entitled "Town of Lunenburg Architectural Preservation District,"
which is a part of this bylaw.[1]
[1]
Editor's Note: See § 133-3 above.
