[HISTORY: Adopted by the Annual Town Meeting of the Town
of Easton 5-17-2010 by Art. 24.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 235.
[Amended 11-15-2010 STM
by Art. 5]
A.
The Town of Easton hereby establishes a Local Historic District,
to be administered by the Easton Historical Commission as provided
for under Massachusetts General Laws Chapter 40C, as amended.
B.
The purpose of this chapter is to aid in the preservation and protection
of the distinctive characteristics and architecture of buildings and
places significant in the history of the Town of Easton, the maintenance
and improvement of their settings and the encouragement of new building
designs compatible with the existing architecture in the district.
[Amended 11-15-2010 STM
by Art. 5]
The terms defined in this section shall be capitalized throughout
this chapter. Where a defined term has not been capitalized, it is
intended that the meaning of the term be the same as the meaning ascribed
to it in this section unless another meaning is clearly intended by
its context. As used in this chapter the following terms shall have
the following meaning:
The act or the fact of rebuilding, reconstruction, restoration,
replication, removal, demolition, and other similar activities.
A combination of materials forming a shelter for persons,
animals or property.
A Certificate of Appropriateness, a Certificate of Non-Applicability,
or a Certificate of Hardship as set forth in this chapter.
The Historical Commission as established in this chapter.
The act or the fact of building, erecting, installing, enlarging,
moving and other similar activities.
The total surface area of a sign, including all lettering,
wording, designs, symbols, background and frame, but not including
any support structure or bracing incidental to the sign. The display
area of an individual letter sign or irregular shaped sign shall be
the area of the smallest rectangle into which the letters or shape
will fit. Where sign faces are placed back to back and face in opposite
directions, the display area shall be defined as the area of one face
of the sign.
The Local Historic District as established in this chapter
consisting of one or more District areas.
Such portion of the exterior of a building or structure as
is open to view from a public way or ways, including but not limited
to architectural style and general arrangement and setting thereof,
the kind and texture of exterior building materials, and the type
and style of windows, doors, lights, signs and other appurtenant exterior
fixtures.
The applicant; an owner of adjoining property; an owner of
property within the same District area; an owner of property within
100 feet of said District area; and any charitable corporation in
which one of its purposes is the preservation of historic places,
structures, buildings or districts.
Any symbol, design or device used to identify or advertise
any place of business, product, activity or person.
A combination of materials other than a building, including
but not limited to a sign, fence, wall, terrace, walk or driveway.
A building not to be in existence for a period of more than
two years. A structure not to be in existence for a period of more
than one year. The Commission may further limit the time periods set
forth herein as it deems appropriate.
The District shall consist of one or more District areas as listed in § 152-13 (Appendices) of this chapter.
[Amended 11-15-2010 STM
by Art. 5; 11-16-2015 STM by Art.
14]
A.
The District shall be overseen by a Commission consisting of five
members, to be appointed by the Select Board, each for a three-year
term. For transitional purposes, as of the effective date of this
chapter, any members over the number of five shall not be reappointed
upon expiration of their term but may be considered for reappointment
for other members' terms, upon expiration of the same.
[Amended 5-20-2019 ATM by Art. 21]
B.
The Commission shall include, if possible, one member from two nominees
solicited from the Easton Historical Society, one member from two
nominees solicited from the chapter of the American Institute of Architects
covering Easton; one member from two nominees of the Board of Realtors
covering Easton; and one property owner or resident from within each
of the District areas. If within 30 days of written solicitation insufficient
nominations have been received, the Select Board may proceed to make
appointments as it desires.
[Amended 5-20-2019 ATM by Art. 21]
C.
The Select Board shall appoint up to two alternate members to the
Commission. Each alternate member shall have the right to act and
vote in the place of one regular member should such regular member
be absent from a meeting or be unwilling or unable to act or vote.
Said alternate members shall initially be appointed for terms of two
or three years, and for three year terms thereafter.
[Amended 5-20-2019 ATM by Art. 21]
D.
Each member and alternate member shall continue to serve in office
after the expiration date of his or her term until a successor is
duly appointed. Meetings of the Commission shall be held at the call
of the Chairman, at the request of two members and in such other manner
as the Commission shall determine in its Rules and Regulations.
E.
Three members of the Commission shall constitute a quorum.
F.
The Easton Historical Commission established hereunder will also
function as the local Historical Commission with all of the powers
set forth in MGL c. 40, § 8D.
A.
The Commission shall exercise its powers in administering and regulating
the construction and alteration of any structures or buildings within
the District as set forth under the procedures and criteria established
in this chapter. In exercising its powers and duties hereunder, the
Commission shall pay due regard to the distinctive characteristics
of each building, structure and District area.
B.
The Commission may adopt, and from time to time amend, reasonable
Rules and Regulations not inconsistent with the provisions of this
chapter or MGL c. 40C, setting forth such forms and procedures as
it deems desirable and necessary for the regulation of its affairs
and the conduct of its business, including requirements for the contents
and form of applications for Certificates, fees, hearing procedures
and other matters. The Commission shall file a copy of any such Rules
and Regulations with the office of the Town Clerk.
C.
The Commission after a public hearing duly posted and advertised
at least 14 days in advance in a conspicuous place in Town Hall, may
adopt and from time to time amend guidelines which set forth the designs
for certain exterior architectural features which are, in general,
suitable for the issuance of a Certificate. No such design guidelines
shall limit the right of an applicant for a Certificate to present
other designs to the Commission for approval.
[Amended 5-17-2021 ATM by Art. 11]
D.
The Commission shall at the beginning of each fiscal year hold an
organizational meeting and elect a Chairman, a Vice Chairman and Secretary,
and file notice of such election with the office of the Town Clerk.
E.
The Commission shall keep a permanent record of its resolutions,
transactions, decisions and determinations and of the vote of each
member participating therein.
F.
The Commission shall undertake educational efforts to explain to
the public and property owners the merits and functions of a District.
A.
Except as this chapter provides, no building or structure or part
thereof within a District shall be constructed or altered in any way
that affects the exterior architectural features as visible from a
public way, unless the Commission shall first have issued a Certificate
with respect to such construction or alteration.
B.
No building permit for construction of a building or structure or
for alteration of an exterior architectural feature within a District
and no demolition permit for demolition or removal of a building or
structure within a District shall be issued by the Town or any department
thereof until a Certificate as required under this chapter has been
issued by the Commission.
A.
Any person who desires to obtain a Certificate from the Commission
shall file with the Commission an application for a Certificate of
Appropriateness, of Non-Applicability or of Hardship, as the case
may be. The application shall be accompanied by 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 the Commission may reasonably
deem necessary, to enable it to make a determination on the application.
B.
The Commission shall determine within 14 days of the filing of an
application for a Certificate whether said application involves any
exterior architectural features which are within the jurisdiction
of the Commission.
C.
If the Commission determines that an application for a Certificate
does not involve any exterior architectural features, or involves
an exterior architectural feature which is not subject to review by
the Commission under the provisions of this chapter, the Commission
shall forthwith issue a Certificate of Non-Applicability.
D.
If the Commission determines that such application involves any exterior
architectural feature subject to review under this chapter, it shall
hold a public hearing on the application, except as may otherwise
be provided in this chapter. The Commission shall hold such a public
hearing within 30 days from the date of the filing of the application.
At least 14 days before said public hearing, public notice shall be
given by posting in a conspicuous place in Town Hall. Such notice
shall identify the time, place and purpose of the public hearing.
Concurrently, a copy of said public notice shall be mailed to the
applicant, to the owners of all adjoining properties and of other
properties deemed by the Commission to be materially affected thereby,
all as they appear on the most recent applicable tax list, to the
Planning Board, to any person filing a written request for notice
of hearings, such request to be renewed yearly in December, and to
such other persons as the Commission shall deem entitled to notice.
[Amended 5-17-2021 ATM by Art. 11]
(1)
A public hearing on an application for a Certificate need not be
held if such hearing is waived in writing by all persons entitled
to notice thereof. A public hearing on an application for a Certificate
may be waived by the Commission if the Commission determines that
the exterior architectural feature involved, or its category, is so
insubstantial in its effect on the District that it may be reviewed
by the Commission without a public hearing. If the Commission dispenses
with a public hearing on an application for a Certificate, notice
of such application shall be given to the owners of all adjoining
property and of other property deemed by the Commission to be materially
affected thereby as above provided, and 10 days shall elapse after
the mailing of such notice before the Commission may act upon such
application.
E.
Within 60 days after the filing of an application for a Certificate,
or within such further time as the applicant may allow in writing,
the Commission shall issue a Certificate or a disapproval. In the
case of a disapproval of an application for a Certificate, the Commission
shall set forth in its disapproval the reasons for such disapproval.
The Commission may include in its disapproval specific recommendations
for changes in the applicant's proposal with respect to the appropriateness
of design, arrangement, texture, material and similar features which,
if made and filed with the Commission in a subsequent application,
would make the application acceptable to the Commission.
F.
The concurring vote of a majority of the members shall be required
to issue a Certificate.
G.
In issuing Certificates, the Commission may, as it deems appropriate,
impose certain conditions and limitations, and may require architectural
or plan modifications consistent with the intent and purpose of this
chapter.
H.
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 District, the Commission shall issue a Certificate
of Appropriateness.
I.
If the construction or alteration for which an application for a
Certificate of Appropriateness has been filed shall be determined
to be inappropriate and therefore disapproved, 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 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 chapter.
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 such substantial
detriment or derogation, the Commission shall issue a Certificate
of Hardship.
J.
The Commission shall send a copy of its Certificates and disapprovals
to the applicant and shall file a copy of its Certificates and disapprovals
with the office of the Town Clerk and the Building Inspector. The
date of issuance of a Certificate or disapproval shall be the date
of the filing of a copy of such Certificate or disapproval with the
office of the Town Clerk.
K.
If the Commission should fail to issue a Certificate or a disapproval
within 60 days of the filing of the application for a Certificate,
or within such further time as the applicant may allow in writing,
the Commission shall issue a Certificate of Hardship Due to Failure
to Act.
L.
Each Certificate issued by the Commission shall be dated and signed
by its chairman or such other person designated by the Commission
to sign such Certificates on its behalf.
M.
A person aggrieved by a determination of the Commission may, within
20 days of the issuance of a Certificate or a disapproval, file a
written request with the Commission for a review by a person or persons
of competence and experience in such matters, acting as arbitrator
and designated by the regional planning agency. The finding of the
person or persons making such review shall be filed with the Town
Clerk within 45 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 in MGL c. 40C, § 12A. The
filing of such further appeal shall occur within 20 days after the
finding of the arbitrator has been filed with the office of the Town
Clerk. Any costs associated with the arbitration shall be incurred
by the individual(s) making the appeal.
N.
Alternatively, a person aggrieved by a determination of the Commission
may, within 20 days of the issuance of a Certificate or a disapproval,
appeal such determination directly to the superior court in accordance
with MGL c. 40C, § 12A.
A.
In deliberating on applications for Certificates the Commission shall
consider, among other things, the historic and architectural value
and significance of the site, building or structure; the general design,
proportions, detailing, mass, arrangement, texture, and material of
the exterior architectural features involved; and the relation of
such exterior architectural features to similar features of buildings
and structures in the surrounding area.
B.
In the case of new construction or additions to existing buildings
or structures, the Commission shall consider the appropriateness of
the scale, shape and proportions of the building or structure both
in relation to the land area upon which the building or structure
is situated and in relation to buildings and structures in the vicinity.
The Commission may in appropriate cases impose dimensional and setback
requirements in addition to those required by applicable statute or
bylaw.
C.
When ruling on applications for Certificates on solar energy systems
as defined in MGL c. 40A, § 1A, the Commission shall consider
the policy of the Commonwealth of Massachusetts to encourage the use
of solar energy systems and to protect solar access.
D.
The Commission shall not consider interior arrangements or architectural
features not subject to public view from a public way.
A.
The Commission shall exclude from its purview the following:
(1)
Temporary buildings, structures or signs subject, however, to conditions
pertaining to the duration of existence and use, location, lighting,
removal and similar matters as the Commission may reasonably specify.
(2)
The color of exterior paint.
(3)
Signs of not more than two square feet in a display area in connection
with use of a residence for a 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 one sign in connection with the nonresidential use of each building
or structure which is not more than six square feet in a display area,
consists of letters painted on wood without symbol or trademark and
if illuminated is illuminated indirectly.
(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 such reconstruction
is begun within one year thereafter and carried forward with due diligence.
The Commission may grant one extension of up to 12 months upon demonstration
of good cause as to why the extension is needed.
B.
Upon request the Commission shall issue a Certificate of Non-Applicability
with respect to construction or alteration in any category not subject
to review by the Commission in accordance with the above provisions.
C.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance, repair or replacement of any exterior architectural feature
within a District which does not involve a change in design, material
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 chapter.
[Amended 5-17-2021 ATM by Art. 11]
The Commission may determine from time to time after a public
hearing, duly advertised and posted at least 14 days in advance in
a conspicuous place in Town Offices, that certain categories of Exterior
Architectural Features, Structures or Buildings under certain conditions
may be Constructed or Altered without review by the Commission without
causing substantial derogation from the intent and purpose of this
chapter.
A.
The Commission shall determine whether a particular activity is in
violation of this chapter and the Commission shall be charged with
the non-criminal enforcement of this chapter, and seeking civil enforcement
under MGL c. 40C, § 13.
B.
The Commission may designate the Inspector of Buildings to pursue non-criminal disposition under MGL c. 40, § 21D and pursuant to Chapter 50 of the Code of the Town of Easton, under the direction of the Commission.
C.
The Commission, upon a written complaint of any resident of Easton,
or owner of property within Easton, or upon its own initiative, shall
institute any appropriate action or proceedings in the name of the
Town of Easton to prevent, correct, restrain or abate violation of
this chapter. In the case where the Commission is requested in writing
to enforce this chapter against any person allegedly in violation
of same and the Commission declines to act, the Commission shall notify,
in writing, the party requesting such enforcement of any action or
refusal to act and the reasons therefore, within 21 days of receipt
of such request.
D.
Whoever violates any of the provisions of this chapter shall be punishable
by a fine of up to $300 for each offense. Each day during any portion
of which such violation continues to exist shall constitute a separate
offense.
The provisions of this chapter 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 chapter shall continue to be in
full force and effect.
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Appendix 1: Ames Historic District
[Amended 5-20-2013 ATM
by Art. 35; 11-30-2020 STM by
Art. 8] |
|
The Ames Historic District shall be a District area under this
chapter. The location and boundaries of the Ames Historic District
are defined and shown on the Local Historic District Map of the Town
of Easton, Sheet 1-2010 which is a part of this chapter. Sheet 1 is
based on the Town of Easton's Geographic Information System (GIS)
data layers (with supplemental data from the MHC and MassGIS.) The
delineation of the District area boundaries is based on the parcel
boundaries then in existence and shown therein, except as otherwise
apparent on Sheet 1.
|
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Appendix 2: Expansion of the Ames Historic District.
|
|
The location and boundaries of the Ames Historic District have
been expanded and are defined and shown on the Local Historic District
Map of the Town of Easton, Sheet 1-2013 which is part of this chapter.
Sheet 1 is based on the Town of Easton's Geographic Information System
(GIS) data layers (with supplemental data from the MHC and MassGIS).
The delineation of the District area boundaries is based on the parcel
boundaries then in existence and shown therein, except as shown otherwise
apparent on Sheet 1.
|
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Appendix 3: Hayward Pool Historic District.
|
|
The Hayward Pool Historic District shall be a District area
under this chapter. The location and boundaries of the Hayward Pool
District are defined and shown on the Local Historic District Map
of the Town of Easton, Sheet 1-2020, which is part of this chapter.
Sheet 1 is based on the Town of Easton's Geographic Information System
(GIS) data layers (with supplemental data from the MHC and MassGIS).
The delineation of the District area boundaries is based on the parcel
boundaries then in existence and shown therein, except as otherwise
apparent on Sheet 1.
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