This by-law shall be known and may be cited as the Historic Districts By-law under the authority of Massachusetts General Laws Chapter 40C, as amended.
[HISTORY: Adopted by the Town Meeting of the Town of Carver as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 4.6 of the 2015 Compilation]
The purpose of this by-law is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the Town of Carver or their architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith.
There is hereby established an Historic District Commission, under the provision of Massachusetts General Laws Chapter 40C, as amended by Chapter 168, Acts of 1975, consisting of five members and three alternate members to be appointed by the Town Administrator.
A.
When the Historic District 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 for a term of three years and their successors shall be appointed in like manner for terms three years. When the Historic District Commission is first established, one alternate member shall be appointed 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.
B.
The membership of the Historic District Commission shall be made up as follows:
(1)
One member, if possible, from two nominees submitted by the Carver Historical Society or the Society for the Preservation of the New England Antiquities;
(2)
One member, if possible, from two nominees submitted by the Massachusetts State Chapter of the American Institute of Architects;
(3)
One member, if possible, from two nominees submitted by the Boston Chapter of the American Society of Landscape Architects;
(4)
One member, if possible, from two nominees submitted by the Plymouth County Board of Realtors;
(5)
One member, if possible, from two nominees submitted by the Bar Association serving Carver;
(6)
One member, if possible, a resident of the Historic District;
(7)
The remaining members without designation.
C.
The District Commission shall elect annually a Chairperson and Vice Chairperson from its own number and a Secretary from within or without its number.
D.
Alternates shall have all the powers and duties of regular members when called to serve by the Chairperson or Vice Chairperson of the Commission.
E.
All members and alternates shall serve without compensation.
A.
No building or structure within the Historic District shall be constructed, demolished, moved or altered in any way that affects exterior architectural features and no building shall be moved into an Historic District unless the Commission shall first have issued a certificate of appropriateness, a certificate of hardship or a certificate of nonapplicability with respect to such construction, alteration or movement. The Building Inspector shall not issue a permit within an Historic District unless one of the certificates noted above has first been issued by the District Commission or the proposed improvement is exempted from these provisions by the following:
B.
Exemptions to Review: The Authority of the District commission is not extended to the review of the following:
(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)
Terraces, walks, driveways, sidewalk and steps, or any one or more of them, provided that any such structure is substantially at grade level.
(3)
Storm doors, screens, window air conditioning, and antennae.
(4)
Paint or stain of any color.
(5)
Materials of uniform color used on roofs.
(6)
Signs of not more than 150 square inches in 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 only indirectly.
(7)
Reconstruction of a building, structure or exterior architectural feature which has been damaged or destroyed by fire, storm or other disaster, provided that the exterior design is substantially similar to the original.
C.
The District Commission shall have all the powers of an Historic District Commission as described in Chapter 40C of the Massachusetts General Laws. The Commission shall adopt rules and regulations for the conduct of its business, not inconsistent with Massachusetts General Laws Chapter 40C, or with the purpose of this by-law.
D.
The District Commission may receive and accept appropriations, grants, and gifts for the furthering of the purposes of this by-law. It may establish an historic marker program, publish guides, maps, and other appropriate publications to illustrate historical and architectural resources of the Historic District and administer any properties or lesser interests which may be acquired.
E.
The District Commission shall propose changes in the Carver Historic District boundaries and additional historic districts, as it deems appropriate. Massachusetts General Laws Chapter 40C will guide the procedures for these activities.
F.
The District Commission shall coordinate historic preservation activities, and oversee the preparation and implementation of historic preservation plans.
G.
The District Commission shall provide assistance to owners of historic structures on matters pertaining to preservation.
A.
There is hereby established an Historic District to be known as the Lakenham Historic District under the provisions of the Historic District Act, Massachusetts General Laws Chapter 40C, bounded and described as follows:
Beginning at the intersection of Gates Street and Plymouth Street (Route 44), the district heads in a westerly direction along Plymouth Street, encompassing the dwellings and some portion of the land on both sides of Plymouth Street until it reaches the Lakenham Green. The district encompasses all of the properties surrounding the Green. The district encompasses all of the properties surrounding the Green, as well as the Green itself. The district continues past the Green along Plymouth Street to the intersection with Route 58, crosses Route 58 and includes the first properties past the intersection on both the north and south sides of Plymouth Street. The district also includes the buildings and properties along Main Street (Green Street) for a distance of approximately 400 feet from the Green in a southwest direction. In total, the proposed district covers approximately 75 acres of land and encompasses one mile of heavily traveled Route 44.
B.
The boundaries are hereby established as shown on the map entitled "Lakenham Historic District" dated April 1980 which accompanies and is hereby declared to be a part of the by-law.
A.
There is hereby established an Historic District to be know as the Savery Historic District under the provisions of the Historic District Act, Massachusetts General Laws Chapter 40C, bounded and described as follows:
Beginning at a point about 100 m south of the intersection of Main Street, (Main Street is also known as S. Main, Rochester Road, Plymouth Street and Route 58) and Meadow Street, the district heads in a southerly direction along Main Street until it reaches the intersection of Shaw Road and Main Street where the district terminates. The district encompasses the buildings and some portion of the land on both sides of the route just described.
B.
The boundaries are hereby established as shown on the map entitled "Savery Historic District" dated February 1981 which accompanies and is hereby declared to be a part of the by-law.
C.
The authority of the Commission shall be limited to exterior architectural features which are subject to view from Main Street (Route 58), Savery Avenue and the Union Cemetery.
[Added 4-11-2016 ATM by Art. 11]
A.
In addition to the powers and duties set forth in this article, the Commission shall have all of the powers and duties vested by the Massachusetts General Laws, Town by-laws, Town Meeting votes and/or votes of the Select Board in the Historical Commission, Lakenham Green Preservation Committee and Marcus Atwood House Trustees and shall act as the same.
B.
The Commission may create one or more subcommittees to serve in an advisory capacity and to make recommendations concerning the expenditure of funds relative to matters previously assigned to the Historical Commission, Lakenham Green Preservation Committee and/or Marcus Atwood House Trustees.
C.
Any funds held by the Town as of the effective date of this by-law, whether received, as gifts, grants, or donations, for matters previously assigned to the Historical Commission, Lakenham Green Preservation Committee and Marcus Atwood House Trustees, shall continue to be held and accounted for separately and shall only be expended for their designated purposes, all as required, and to the extent permitted by law.
[Adopted as Ch. 4, § 4.6.8, of the 2015 Compilation]
This by-law is enacted for the purpose of preserving and protecting significant buildings within Carver which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the Town and to limit the detrimental effect of demolition on the character of the Town. Through this by-law, owners of preferably preserved buildings are encouraged to seek out alternative options that will preserve, rehabilitate or restore such buildings and residents of the Town are alerted to impending demolitions of significant buildings. By preserving and protecting significant buildings, streetscapes and neighborhoods, this by-law promotes the public welfare by making the Town a more attractive and desirable place in which to live and work. To achieve these purposes the Historical Commission is authorized to advise the Building Commissioner with respect to demolition permit applications. The issuance of demolition permits is regulated as provided by this by-law.
As used in this article, the following terms shall have the meanings indicated:
Any person or entity who files an application for a demolition permit. If the applicant is not the owner of the premises upon which the building is situated, the owner must indicate on or with the application his/her assent to the filing of the application.
An application for the demolition of a building.
Any combination of materials forming a shelter for persons, animals, or property.
The person occupying the office of Building Commissioner or otherwise authorized to issue demolition permits.
The Carver Historical Commission or its designee.
Any act of pulling down, destroying, removing, dismantling or razing a building or commencing the work of total substantial destruction with the intent of completing the same.
The building permit issued by the Building Commissioner for a demolition of a building, excluding a building permit issued solely for the demolition of the interior of a building.
Any significant building which the Commission determines, following a public hearing, that it is in the public interest to be preserved rather than demolished. A preferably preserved building is subject to the six-month demolition delay of this by-law.
Any building within Carver which is in whole or in part 100 years or more old and which has been determined by the Commission or its designee to be significant based on any of the following criteria:
The building is listed on, or is within an area listed on, the National Register of Historic Places; or
The building has been found eligible for the National Register of Historic Places; or
The building is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of Carver or the Commonwealth; or
The building is historically or architecturally important (in terms of period, style, method of building construction or association with a recognized architect or builder) either by itself or in the context of a group of buildings.
A.
No demolition permit for a building which is in whole or in part 100 years or more old shall be issued without following the provisions of this by-law. If a building is of unknown age, it shall be assumed that the building is over 100 years old for the purposes of this by-law.
B.
An applicant proposing to demolish a building subject to this by-law shall file with the Building Commissioner an application containing the following information:
(1)
The address of the building to be demolished.
(2)
The owner's name, address and telephone number.
(3)
A description of the building.
(4)
The reason for requesting a demolition permit.
(5)
A brief description of the proposed reuse, reconstruction or replacement.
(6)
A photograph or photographs of the building.
C.
The Building Commissioner shall within seven days forward a copy of the application to the Commission. The Commission shall within 15 days after receipt of the application, make a written determination of whether the building is significant.
D.
Upon determination by the Commission that the building is not significant, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit.
E.
Upon determination by the Commission that the building is significant, the Commission shall so notify the Building Commissioner and the applicant in writing. No demolition permit may be issued at this time. If the Commission does not notify the Building Commissioner within 15 days of receipt of the application, the Building Commissioner may proceed to issue the demolition permit.
F.
If the Commission finds that the building is significant, it shall hold a public hearing within 30 days of the written notification to the Building Commissioner. Public notice of the time, place and purpose of the hearing shall be posted in a conspicuous place in Town Hall for a period of not less than seven days prior to the date of said hearing and the applicant and the Building Commissioner shall be notified in writing of the meeting time and place.
G.
The Commission shall decide at the public hearing or within 14 days after the public hearing whether the building should be preferably preserved. If agreed to in writing by the applicant, the determination of the Commission may be postponed.
H.
If the Commission determines that the building is not preferably preserved, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit.
I.
If the Commission determines that the building is preferably preserved, the Commission shall notify the Building Commissioner and applicant in writing. No demolition permit may then be issued for a period of six months from the date of the determination unless otherwise agreed to by the Commission. If the Commission does not so notify the Building Commissioner in writing within 21 days of the public hearing, the Building Commissioner may issue the demolition permit.
J.
Upon a determination by the Commission that any building which is the subject of an application is a preferably preserved building, no demolition permit may be issued for a period of six months from the date of the determination unless otherwise agreed to by the Commission.
K.
During the six-month delay period, the applicant or the owner may work with the Commission to develop plans or locate a purchaser to preserve, rehabilitate or restore the subject building.
L.
Notwithstanding anything contained in this by law, the Building Commissioner may issue a demolition permit for a preferably preserved building during the six-month delay period if the Commission notifies the Building Commissioner and the applicant in writing 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 building.
M.
The Building Commissioner may issue a demolition permit or a building permit for a preferably preserved building within the six months if the Commission notifies the Building Commissioner in writing that the Commission finds that the intent and purpose of this by-law is served even with the issuance of the demolition permit or the building permit.
N.
Following the six-month delay period, the Building Commissioner may issue the demolition permit.
A.
The Commission may adopt such rules and regulations as are necessary to administer the terms of this by-law. The Commission is authorized to adopt a schedule of reasonable fees to cover the costs associated with the administration of this by-law.
B.
The Commission may delegate authority to make initial determinations of significance to one or more members of the Commission or to a municipal employee.
C.
The Commission may proactively develop a list of significant buildings that will be subject to this by-law. Buildings proposed for the significant building list shall be added following a public hearing.
If after an inspection, the Building Commission finds that a building subject to this by-law is found to pose an immediate threat to public health or safety due to its deteriorated condition and that there is no reasonable alternative to the immediate demolition of the building or structure, then the Building Commissioner may issue an emergency demolition permit to the owner or the building or structure. The Building Commissioner shall then prepare a report explaining the condition of the building and the basis for his decision which shall be forwarded to the Commission.
A.
The Commission and/or the Building Commissioner 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 by-law or to prevent a threatened violation thereof.
B.
Any owner of a building subject to this by-law that demolished the building without first obtaining a demolition permit in accordance with the provisions of this by-law 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. Such violations may be enforced by the noncriminal procedure authorized by MGL c. 40, § 21D.
C.
If a building subject to this by-law 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.
Following a determination that the building is significant and preferably preserved, the Commission may recommend to Town Meeting that the building be protected through the provisions of Massachusetts General Laws Chapter 40C, the Historic Districts Act. The steps required under Massachusetts General Laws Chapter 40C shall be followed prior to the establishment of a local historic district. Nothing in this by-law shall be deemed to conflict with the provisions of the Historic District Act, Massachusetts General Laws Chapter 40C. If any of the provisions of this by-law do so conflict, that Act shall prevail.
In case any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect.