For the purpose of this bylaw, the terms and words listed below
shall have the following meanings:
ADDITION
Any addition to a principal or accessory contributing property
that is enclosed by walls and which increases the existing gross floor
area.
ALTERATION, MINOR
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.
ALTERATION, SUBSTANTIAL
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.
BINDING REVIEW
Pursuant to §
113-8 of this bylaw, a mandatory process which applies to substantial alterations of contributing properties, including demolition, in the APD.
BUILDING
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.
CONTRIBUTING PROPERTY
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.
DEMOLITION
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.
DEMOLITION BY NEGLECT
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:
1.
Facades which may fall and injure members of the public or property.
2.
Deteriorated or inadequate foundation, deteriorated flooring
or floor supports, deteriorated walls or other vertical structural
supports.
3.
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to deterioration.
4.
Deteriorated or ineffective waterproofing of exterior walls,
roof, foundations or floors, including broken windows or doors.
5.
Improper or insufficient waterproofing or exterior wall covering,
including lack of paint or weathering due to lack of paint or other
protective covering.
6.
Any fault or defect in the Contributing Property caused by alteration
or neglect of maintenance, which renders it not properly watertight
or structurally unsafe.
7.
Fireplaces or chimneys which list, bulge or settle due to deterioration.
DESIGN GUIDELINES
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.
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.
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.
[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.