[Added 1983]
[Amended 4-25-2023 ATM
by Art. 23]
Historic Districts in the Town of Sherborn shall be created
and maintained in every respect under and according to the provisions
of General Laws of the Commonwealth, Chapter 40C, and all amendments
thereto, and this article shall be in every respect controlled by
and subject to the provisions of said Chapter 40C and all amendments
thereto. The boundaries of Historic Districts are shown on a map of
the Historic Districts which is filed with the Clerk of the Town of
Sherborn and recorded in the Registry of Deeds. The Historic Districts
are indicated on the Zoning Map of the Town of Sherborn. The Historic
Districts shall be considered as overlaying other zoning districts.
A.
The purpose of the Historic Districts 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 Sherborn and the
commonwealth, or their architecture, and through the maintenance and
improvement of settings of such buildings and places and the encouragement
of design compatible therewith.
B.
This article is not intended to conflict with any other section of
this Zoning Bylaw or any other bylaw of the Town of Sherborn. The
requirements established herein do not relieve any persons from also
satisfying any and all applicable rules, regulations and laws.
[Amended 4-25-2023 ATM
by Art. 23]
[Amended 4-25-2023 ATM
by Art. 23]
For the purpose of this article, the following terms shall be
defined as follows:
Includes the words "rebuilt," "reconstructed," "restored,"
"removed," and "demolished" and the phrase "changed in exterior color."
A combination of materials forming a shelter for persons,
animals, or property.
The commission acting as the Historic District Commission.
Includes the words "built," "erected," "installed," "enlarged,"
or "moved."
Such portion of the exterior of a building or structure as
is open to view from a public way, public park, or public body of
water, 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 the exterior surfaces and the type and style of windows, doors,
lights, signs and other appurtenant exterior fixtures.
A combination of materials other than a building including
a sign, fence, wall, terrace, walk or driveway.
A.
Except as this section may otherwise provide in Subsection B, no building or structure within the Historic Districts 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 non-applicability, or a certificate of hardship with respect to such construction or alteration.
B.
Exception.
(1)
The authority of the Commission shall not extend to the review
of the following categories of buildings or structures or exterior
architectural features in the Historic Districts, and the buildings
or structures or exterior architectural features so excluded may be
constructed or altered within the Historic Districts without review
by the Commission:
(a)
Temporary structures or signs subject to the applicable sections
of the Zoning Bylaw.
(b)
Walks, walls, fences, terraces, and driveways serving dwellings
in areas zoned for single-family residences.
(c)
Storm windows, storm doors, screen doors, window screens, window
air conditioners, antennas for communications equipment, solar panels,
greenhouses, and windmills.
(d)
Buildings which do not require a building permit.
(e)
Signs in conformity with the Town of Sherborn Zoning Bylaw.
(f)
Color of paint on previously painted surfaces.
(g)
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 after such damage or destruction and carried
forward with due diligence.
(2)
Nothing in this article shall be construed to prevent the ordinary
maintenance, repair or replacement of any exterior architectural feature
within an Historic District which does not involve a change in design,
material, color or the outward appearance thereof, nor to prevent
the 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 the 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 adoption of
this article.
[Amended 4-25-2023 ATM
by Art. 23]
A.
No building permit for construction of a building or structure or for alteration of an exterior architectural feature within an Historic District, excepting only work specifically exempted under § 240-8.4B, and no demolition permit for the demolition, removal from or relocation of any building or structure within an Historic District shall be issued by the Board of Appeals or by the Building Inspector until a certificate of appropriateness, of non-applicability or of hardship has been issued by the Commission upon proper application by the owner or the owner's agent.
B.
The applicant for a certificate of work subject to review by the
Commission shall, before commencing any such work, inform the Commission
of the intended work and file with the Commission, in such form and
such detail as the Commission shall reasonably require, an application
for a certificate of appropriateness, of non-applicability, or of
hardship, as appropriate. The Commission shall assist the applicant
to conform the work, the application and other submission materials
to the requirements for certification.
C.
The Commission may require of the applicant such drawings, specifications
material and other information, including, in the case of demolition
or removal a statement of the proposed condition and appearances of
the property thereafter, as may be reasonably required to permit a
determination on the application by the Commission.
D.
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 non-applicability or a certificate of hardship, as
the case may be, whether the application involves any exterior architectural
features which are subject to approval by the Commission.
E.
Hearings and notices.
(1)
If the Commission determines that such application involves
any features which are subject to approval by the Commission, the
Commission shall hold a public hearing on the application unless such
hearing is dispensed with as hereinafter provided. The Commission
shall fix a reasonable time for the hearing on any application 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 any other property deemed
by the Commission to be materially affected thereby as they appear
on the most recent applicable tax list, to the Building Inspector,
to the Planning Board of the Town and to any person filing written
request for notice of such hearing, such request to be renewed yearly
in December, and to such other persons as the Commission shall deem
entitled to notice.
(2)
As soon as convenient after such public hearing but in any event
within 60 days after the filing of the application, or within such
further time as the applicant may allow in writing, the Commission
shall make a determination on the application. If the Commission shall
fail to make a determination within such period of time the Commission
shall thereupon issue a certificate of hardship.
[Amended 4-25-2023 ATM
by Art. 23]
(3)
A public hearing on an application need not be held if such
hearing is waived in writing by all persons entitled to notice thereof.
In addition, a public hearing may be waived by the Commission if the
Commission determines that the exterior architectural feature involved
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 an application, a 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 above provided,
and 10 days shall elapse after the mailing of such notice before the
Commission may act upon such application.
[Amended 4-25-2023 ATM
by Art. 23]
F.
Review criteria.
(1)
The Commission shall not make any recommendations or requirements
except for the purpose of preventing developments incongruous to the
historic aspects or the architectural characteristics of the surroundings
of the Historic Districts. In passing on matters before it the Commission
shall consider, among other things, the following:
(a)
The historic and architectural value and significance of the
site, building or structure.
(b)
The general design, arrangement, texture and material of the
features involved.
(c)
The relationship of features involved to similar features of
buildings and structures in the surrounding area.
(d)
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.
(e)
In appropriate cases the Commission may impose dimensional and
setback requirements in addition to those required by other applicable
bylaws.
(2)
The Commission shall not consider interior arrangements or architectural
features not subject to view from a public way.
At the conclusion of its review, the Historic District Commission
shall issue in writing one of the following:
A.
Certificate of appropriateness. If the Commission determines that
the 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.
B.
Notice of disapproval.
(1)
In the case of disapproval of an application for a certificate
of appropriateness, the Commission shall place upon its record the
reasons for such determination and shall forthwith cause a notice
of its determination, accompanied by a copy of its reasons therefor
as set forth in the records of the Commission, to be issued to the
applicant, and the Commission may make recommendations to the applicant,
with respect to appropriateness of design, arrangement, texture, materials
and other features.
(2)
Prior to the issuance of any disapproval, the Commission may
notify the applicant of its proposed action accompanied by recommendations
of change in the applicant's proposal which, if made, would make the
application acceptable to the Commission.
(3)
If within 14 days of receipt of such notice the applicant files
an acceptable written modification of his/her application, the Commission
shall cause a certificate of appropriateness to be issued to the applicant.
C.
Certificate of non-applicability. In the case of a determination by the Commission that an application for a certificate of appropriateness or for a certificate of non-applicability does not involve any exterior architectural feature which is not then subject to review by the Commission in accordance with the provisions of § 240-8.4B, the Commission shall cause a certificate of non-applicability to be issued to the applicant.
D.
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 purpose of this article.
If the Commission determines in either instance 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 detriment or derogation, or if the Commission fails to make a
determination on an application within the time specified in MGL c.
40C, § 11, the Commission shall cause a certificate of hardship
to be issued to the applicant.
[Amended 4-25-2023 ATM
by Art. 23]
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 designated by the Metropolitan Area
Planning Council.
