[HISTORY: Adopted by the Town Meeting of the Town of Cohasset
as Art. XII of the 1988 General Bylaws. Amendments noted where applicable.]
This bylaw shall be known, and may be referred to, as the "Historic
District Bylaw." The purpose of this bylaw is to establish within
the Town of Cohasset a historic district which shall preserve and
protect the distinctive architectural character of the Cohasset Common
as a permanent legacy.
There is hereby established in the Town of Cohasset a district
to be known as the "Cohasset Common Historic District," as shown on
a plan to be filed with the Cohasset Town Clerk and the Massachusetts
Historical Commission and to be recorded with the Norfolk County Registry
of Deeds.
A.
Membership. There is hereby established the Cohasset Common Historic
District Commission ("the Commission"), which shall consist of seven
members appointed by the Selectmen and which shall at all times include
at least four members who are residents of the Historic District itself,
at least one member who is a licensed realtor, at least one member
chosen from nominees submitted by the American Institute of Architects,
and at least one chosen from nominees submitted by the Cohasset Historical
Society; provided, however, that with respect to the latter two organizations,
if no nominee is proposed to the Selectmen within 30 days of the respective
organization's receipt of a request for nominees from the Selectmen,
the Selectmen may proceed to appoint any architect or any member of
the Cohasset Historical Society, as the case may be.
B.
Alternates. There shall also be two alternate members appointed by
the Selectmen, one of whom at all times shall be a resident of the
Historic District.
C.
Qualifications. All members and both alternate members must be year-round
residents of the Town of Cohasset.
D.
Officers. The Commission shall elect a Chairman and a Vice Chairman
from within its number and a Secretary who may be within or without
its number. In the absence of the Chairman, the Vice Chairman shall
preside at meetings.
E.
Terms. When the original members of the Commission are appointed
by the Selectmen, three members and one alternate shall be appointed
for a term of one year, two members and one alternate for a term of
two years, and two members for a term of three years, and members
(including alternate members) may be reappointed an unlimited number
of times. Vacancies shall be filled in the same manner as the original
appointment for the unexpired term.
F.
Vacancies. In the case of absence, inability to act or unwillingness
to act because of self-interest on the part of a member of the Commission,
his or her place shall be taken by an alternate member designated
by the Chairman. Each member and each alternate shall continue in
office after expiration of his or her term until his or her successor
is duly appointed by the Selectmen and accepts such appointment in
writing received by the Town Clerk.
A.
The Commission shall have the duty of implementing this bylaw by
receiving and reviewing application in connection with the altering
or constructing of any building or structure within the Historic District
as hereinafter provided in this bylaw.
B.
The Commission shall have the power to adopt rules and regulations
for the conducting of its business and shall cause all such rules
and regulations to be filed with the Town Clerk immediately following
their respective adoption.
C.
The Commission shall have such other duties, powers and authority
as may be delegated or assigned to it from time to time by a vote
of a Town Meeting.
As used in the bylaw the following words and phrases shall include
the meanings indicated below:
Includes the terms "rebuilding," "reconstructing," "restoring,"
"removing," and "demolishing," and the phrase "changing in exterior
color."
A combination of materials forming a shelter for persons,
animals, or property.
The Cohasset Common Historic District Commission acting as
such.
Includes the terms "building," "erecting," "installing,"
"enlarging," and "moving."
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, color, and texture of exterior building
materials, the color of paint or other materials applied to exterior
surface, and the type and style of windows, doors, lights, signs,
and other appurtenant fixtures.
A combination of materials other than a building, including
but not limited to a sign, fence, wall, terrace, walk or driveway,
tennis court, or swimming pool.
A.
Certificates. Except as hereinafter provided in accordance with § 132-7 and/or § 132-8, no building or structure within the district shall be constructed or altered in any way that affects exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, a certificate of nonapplicability, or a certificate of hardship with respect to such construction or alteration.
[Amended 4-30-2018 ATM
by Art. 18]
B.
Application. Any person who desires to obtain a certificate from
the Commission shall file with the Commission an application for a
certificate of appropriateness, a certificate of nonapplicability,
or a certificate of hardship, as the case may be, in such form as
the Commission may reasonably determine, together with such plans,
elevations, specifications, material and other information, including
in the case of demolition or removal a statement of the proposed condition
and appearance of the property thereafter, as may be reasonably deemed
necessary by the Commission to enable it to make a determination on
the application.
C.
Building and demolition permits. No building permit for construction
of a building or structure or for alteration of an exterior architectural
feature within the district and no demolition permit for demolition
or removal of a building or structure within the district shall be
issued by the Town or any department thereof until the certificate
required by this section has been issued by the Commission.
D.
Criteria. In passing upon matters before it, the Commission shall
consider, among other things, the historic and architectural value
and significance of the site, building or structure, the general design,
arrangement, texture, material and color of the features involved,
and the relation of such features to similar features of buildings
and structures in the surrounding area. In the case of new construction
or additions to existing buildings or structures, the Commission shall
consider the appropriateness of the size and shape of the building
or structure both in relation to the land area upon which the building
or structure is situated and to buildings and structures in the vicinity,
and the Commission may in appropriate cases impose dimensional and
setback requirements in addition to those required by applicable bylaw.
The Commission shall not consider interior arrangements or architectural
features not subject to public view.
E.
Limitation. The Commission shall not make any recommendation or requirement
except for the purpose of preventing developments incongruous to the
historic aspects or the architectural characteristics of the surroundings
and of the district.
A.
Initial exclusions. The authority of the Commission shall not extend
to review any of the following categories of buildings, structures
or exterior architectural features in the district:
(1)
Temporary structures or signs, subject, however, to such conditions
as to duration of use, location, lighting, removal and similar matters
as the Commission may reasonably specify.
(2)
Storm doors and windows, screens, window air conditioners, lighting
fixtures and television antennae.
(3)
Signs of not more than one square foot in area in connection with
use of a residence for customary home occupation or for professional
purposes, provided only one such sign is displayed in connection with
each residence and if illuminated is illuminated only indirectly and
by a constant white light.
(4)
The reconstruction, substantially similar in exterior design, of
a building, structure or exterior architectural feature damaged or
destroyed by fire, storm or other disaster, provided that such reconstruction
is begun within one year thereafter and carried forward with due diligence.
B.
Additional exclusions. The Commission may determine from time to
time after public hearing that certain additional categories of exterior
architectural features, structures or signs may be constructed or
altered (including colors) without review by the Commission without
causing substantial derogation from the intent and purpose of this
bylaw.
D.
Nonapplicability to ordinary maintenance and related action. Nothing
in this bylaw shall be construed to prevent the ordinary maintenance,
repair or replacement of any exterior architectural feature within
the district which does not involve a significant change in design,
material, color, or the outward appearance thereof, nor to prevent
landscaping with plants, trees or shrubs, nor construed to prevent
the meeting of requirements certified by a duly authorized public
officer to be necessary for public safety because of an unsafe or
dangerous condition, nor construed to prevent any construction or
alteration under a permit duly issued prior to the effective date
of this bylaw.
A.
Meetings. Meetings of the Commission shall be held at the call of
the Chairman or, in the absence of the Chairman, the Vice Chairman,
and they shall be called at the request of two members of the Commission
and in such other manner as the Commission may determine in its rules.
Meetings shall also be posted at least 48 hours in advance.
B.
Quorum and voting. A majority of the members of the Commission shall
constitute a quorum, but the concurring vote of a majority of the
members of the Commission (including alternate member or members if
one or more regular members are absent or otherwise unable to act)
shall be necessary to issue the certificates described above and to
determine whether a public hearing is required as specified below.
C.
Initial determinations. The Commission shall determine promptly,
and in all events within 14 days after the filing of an application
for a certificate of appropriateness, a certificate of nonapplicability
or a certificate of hardship, as the case may be, whether the application
involves any exterior architectural feature which is subject to approval
by the Commission, and if the Commission determines that such application
involves any such feature which is subject to approval by the Commission,
the Commission shall thereafter hold a public hearing on such application
unless such hearing is dispensed with as hereinafter provided.
D.
Dispensing with public hearings. A public hearing on an application
need not be held if:
(1)
Such hearing is waived in writing by all persons entitled to notice
thereof; or
(2)
If the Commission determines that the exterior architectural feature involved or its category, as the case may be, is so insubstantial in its effect on the Historic District that it may be reviewed by the Commission without public hearing on the application; provided, however, that if the Commission dispenses with a public hearing on the application, notice of the application shall be given to the owners of all adjoining property and other property deemed by the Commission to be materially affected thereby as hereinafter provided in Subsection E, and 10 days shall elapse after the mailing of such notice before the Commission may act upon such application.
E.
Public hearings. If the Commission decides to hold a public hearing
on any application, it shall fix a reasonable time for such hearing
and shall give public notice of the time, place and purposes thereof
at least 14 days before said hearing in such manner as it may determine,
and by mailing, postage prepaid, a copy of said notice to the applicant,
to the owners of all adjoining property and other property deemed
by the Commission to be materially affected thereby as they appear
on the most recent real estate tax list of the Board of Assessors,
to the Cohasset Planning Board, to any resident of or property owner
in the Town of Cohasset filing written request for notice of hearings,
such request to be renewed yearly in December with the Town Clerk,
and to such other persons as the Commission shall believe should receive
notice.
F.
Certificates of appropriateness. If the Commission determines that
the construction or alteration for which an application for a certificate
of appropriateness has been filed will be appropriate for or compatible
with the preservation or protection of the Historic District, the
Commission shall cause a certificate of appropriateness to be issued
to the applicant. In the case of a disapproval of an application for
a certificate of appropriateness the Commission shall place upon its
records the reasons for such determination and shall forthwith cause
a notice of its determination, accompanied by a copy of the reasons
therefor as set forth in the records of the Commission, to be issued
to the applicant, with respect to appropriateness of design, arrangement,
texture, material and similar features. Prior to the issuance of any
disapproval the Commission may notify the applicant of its proposed
action accompanied by recommendations of changes in the applicant's
proposal which, if made, would make the application acceptable to
the Commission. If within 14 days of the receipt of such notice the
applicant files a written notification of his application in conformity
with the recommended changes of the Commission, the Commission shall
cause a certificate of appropriateness to be issued to the applicant.
G.
Certificates of nonapplicability. In the case of determination by the Commission that an application for a certificate of appropriateness or for a certificate of nonapplicability does not involve any exterior architectural feature, or involves an exterior architectural feature which is not then subject to review by the Commission in accordance with the provisions of § 132-7, the Commission shall cause a certificate of nonapplicability to be issued to the applicant.
H.
Certificate of hardship. If the construction or alteration for which an application for a certificate of appropriateness has been filed shall be determined to be inappropriate, or in the event of an application for a certificate of hardship, the Commission shall determine whether, owing to conditions especially affecting the building or structure involved, but not affecting the Historic District generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this bylaw. If the Commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without substantial detriment or derogation, or, in the event of failure to make a determination on an application within the time specified in Subsection K, the Commission shall cause a certificate of hardship to be issued to the applicant.
I.
Execution of certificate. Each certificate issued by the Commission
shall be dated and signed by its Chairman, Vice Chairman, Secretary
or such other person designated by the Commission to sign such certificates
on its behalf.
J.
Rules, regulations and permanent records. The Commission shall keep
a permanent record of its resolutions, transactions and determinations
and of the vote of each member participating therein, and may adopt
and amend such rules and regulations not inconsistent with the provisions
of this bylaw or MGL c. 40C and prescribe such forms as it shall deem
desirable and necessary for the regulation of its affairs and the
conduct of its business. The Commission shall also file a copy of
any such rules and regulations with the Town Clerk.
K.
Final determinations. Final determinations on applications shall
be made by the Commission as soon as convenient after either its original
receipt of each application (if no public hearing is to be held) or
after said public hearing, but in all events within 60 days after
the filing of the application, or within such further time as the
applicant may allow in writing, and if the Commission shall fail to
make a determination within such period of time, the Commission shall
thereupon issue to the applicant a certificate of hardship.
L.
Specific criteria. The Commission may after public hearing set forth
in such manner as it may determine the various designs of certain
appurtenances, such as solar energy equipment and wind-activated power-generating
equipment, which will meet the requirements of the Historic District,
and a roster of certain colors of paint and roofing materials which
will meet the requirements of the Historic District, but no such determination
shall limit the right of an applicant to present other designs or
colors to the Commission for its approval.
Any applicant aggrieved by a determination of the Commission
may, within 20 days after the filing of the notice of such determination
with the Town Clerk, file a written request with the Commission for
a review by a person or persons of competence and experience in such
matters, designated by the Metropolitan Area Planning Council, of
which Cohasset is a member. The finding of the person or persons making
such review shall be filed with the Town Clerk within 40 days after
the request, and shall be binding on the applicant and the Commission,
unless a further appeal is sought in the Superior Court as provided
below.
A.
Any applicant aggrieved by a determination of the Commission or by
the finding of a person or persons making a review may, within 20
days after the filing of the notice of such determination or such
finding with the Town Clerk, appeal to Norfolk Superior Court.
B.
The remedy provided by this section shall be exclusive, subject only
to the appellate rights of the parties.
C.
Costs shall not be allowed against the Commission unless it shall
appear to the Court that the Commission acted with gross negligence,
in bad faith or with malice in the matter from which the appeal was
taken, and costs shall not be allowed against the party appealing
from such determination of the Commission unless it shall appear to
the Court that the appellant acted in bad faith or with malice in
making the appeal to the Court.
A.
The Norfolk Superior Court has jurisdiction to enforce the provisions
of this bylaw and the determinations, rulings and regulations issued
pursuant thereto and may, upon the petition of the Board of Selectmen
or of the Commission, restrain violations thereof, and, without limitation,
such Court may order the removal of any building, structure or exterior
architectural feature constructed in violation thereof, or the substantial
restoration of any building, structure or exterior architectural feature
altered or demolished in violation thereof, and may issue such other
orders for relief as may be equitable.
B.
Whoever violates any of the provisions of this bylaw shall be punished
by a fine of not less than $10 nor more than $300. Each day during
any portion of which a violation continues to exist shall constitute
a separate offense.
[Amended 4-30-2018 ATM
by Art. 18]
The provisions of this bylaw shall be deemed to be severable,
and if any of its provisions shall be held to be invalid or unconstitutional
by any court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
