This by-law shall be known and may be cited as the "Historic Districts By-law" under the authority of MGL c. 40C, as amended.
The purpose of this by-law is to promote the educational, cultural, physical, economic and general welfare of the public through the preservation and protection of the historical assets of Brookline, including buildings, sites and districts of historical and architectural interest; through the maintenance of such landmarks of the history of Brookline, the commonwealth and the nation, and through the development of appropriate uses and settings for such buildings and places.
[Amended 11-15-2022 STM by Art. 20]
A.
Cottage Farm Historic District. There is hereby established an historic district, entitled the "Cottage Farm Historic District," the boundaries of which shall be as shown on the map entitled "Brookline Historic District" which accompanies and is hereby declared to be a part of this by-law.
B.
Pill Hill Historic District. There were established and are hereby reaffirmed historic districts, plans showing the boundaries of which are on file in the Preservation Commission office. Copies of the plans follow at the end of this by-law, which plans are incorporated herein by reference and are hereby declared to be a part of this by-law.
C.
Graffam-McKay Local Historic District. There is hereby established an historic district, to be entitled the "Graffam-McKay Historic District," the boundaries of which shall be shown on the map entitled "Graffam-McKay Historic District," a copy of which is on file with the Town Clerk's office, which accompanies and is hereby declared to be part of this by-law.
D.
Chestnut Hill North Local Historic District. There is hereby established an historic district, to be entitled the "Chestnut Hill North Historic District," the boundaries of which shall be shown on the map entitled "Chestnut Hill North Historic District," a copy of which is on file with the Town Clerk's office, which accompanies and is hereby declared to be part of this by-law.
E.
Harvard Avenue Local Historic District. There is hereby established an historic district, to be entitled the "Harvard Avenue Historic District," the boundaries of which shall be shown on the map entitled "Harvard Avenue Historic District," a copy of which is on file with the Town Clerk's office, which accompanies and is hereby declared to be part of this by-law.
F.
Lawrence Local Historic District. There is hereby established an historic district, to be entitled the "Lawrence Historic District," the boundaries of which shall be shown on the map entitled "Lawrence Historic District," a copy of which is on file with the Town Clerk's office, which accompanies and is hereby declared to be part of this by-law.
G.
Wild-Sargent Local Historic District. There is hereby established an historic district, to be entitled the "Wild-Sargent Local Historic District," the boundaries of which shall be shown on the map entitled "Wild-Sargent Local Historic District," a copy of which is on file with the Town Clerk's office, which accompanies and is hereby declared to be part of this by-law.
H.
Crowninshield Local Historic District. There is hereby established an historic district, to be entitled the "Crowninshield Local Historic District," the boundaries of which shall be shown on the map entitled "Crowninshield Local Historic District," a copy of which is on file with the Town Clerk's office, which accompanies and is hereby declared to be part of this by-law.
I.
Olmsted-Richardson Thematic Local Historic District. There is hereby established a, historic district, to be entitled the "Olmsted-Richardson Thematic Historic District," the boundaries of which shall be as shown on the maps entitled "Olmsted-Richardson Thematic Historic District: Warren and Cottage Streets" and "Olmsted-Richardson Thematic Historic District: Walnut Hill Cemetery," copies of which are on file with the Town Clerk's office, which accompany and are hereby declared to be part of this by-law.
[1]
Editor's Note: The maps and plans referenced in this section as accompanying this by-law are on file in the Town offices.
A.
The Brookline Preservation Commission, hereinafter referred to as the "Preservation Commission," shall consist of seven residents appointed by the Select Board. The terms of office expire on August 31, unless otherwise specified by the Select Board or unless such appointment is for an indefinite term.
B.
The membership of the Preservation Commission shall be made up as follows:
(1)
"One member who is selected from two nominees submitted by the Brookline Preservation Commission; one member, if possible, who is selected from two nominees whose names are submitted by the American Institute of Architects; one member, if possible, who is selected from two nominees whose names are submitted by the Greater Boston Real Estate Board; and four members, if possible, who are residents of an historic district and, to the extent possible, at least one of whom resides in each established historic district in the Town."
C.
If membership cannot be appointed as designated above, these positions shall be filled without designation.
D.
All nominees shall be residents of the Town of Brookline. One member, if possible, shall be an attorney.
E.
When the Preservation Commission is first established, two members shall be appointed for one-year term, two members shall be appointed for two-year terms, and the remaining members shall be appointed for three-year terms, and all members shall serve until a successor is appointed and confirmed. At the expiration of their terms, the Select Board shall appoint successors for three-year terms in the manner described in the preceding subsections. Vacancies for any unexpired term shall be filled in the same manner as in the original appointment.
F.
The Preservation Commission shall elect annually a Chair and Vice Chair from its own number and a Secretary from within or without its number.
G.
All members shall serve without compensation.
H.
The Select Board may also appoint up to four alternate members of the Preservation Commission, who need not be from the organizations designated above, as entitled to nominate members but who shall, to the extent possible, consist of residents of each historic district. Such alternates shall be appointed for three-year terms and shall be designated by the Chair of the Preservation Commission from time to time to take the place of members who are absent or unable or unwilling to act for any reason.
I.
Each member and alternate member shall continue in office after the expiration of their term and until their successor is duly appointed and qualified. The terms of office expire on August 31, unless otherwise specified by the Select Board or unless such appointment is for an indefinite term.
As used in this by-law, the following words and phrases shall include the meanings indicated below:
Includes rebuilding, reconstructing, restoring, removing, demolishing, changing exterior color, and any combination of the foregoing.
A combination of materials forming a shelter for persons, animals or property.
The Brookline Preservation 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 exterior fixtures.
The established historic districts in the Town, collectively.
A combination of materials other than a building, including but not limited to a sign, fence, wall, terrace, walk- or driveway, tennis court and swimming pool.
No building or structure within the historic districts 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 Preservation Commission or the proposed improvement is exempted from these provisions by Section 5.6.7.
The authority of the Preservation Commission is not extended to the review of the following:
A.
Temporary signs or structures subject to requirements of the local zoning code and/or Planning Board.
B.
Terraces, walks, driveways, sidewalks and other similar structures, provided that the structure is at grade level with the qualification that on-grade areas intended for parking more than four motor vehicles are subject to review by the Preservation Commission to assure that adequate planting, earth berms, walls or similar structures are implemented to screen or regulate the physical scale of the areas and to minimize their visual impact as viewed from public ways.
C.
Storm doors and windows; screen doors and windows; window air conditioners, antennas and similar appurtenances, any one or more of them with the qualification that freestanding lighting fixtures are subject to review by the Preservation Commission.
D.
Color of paint.
E.
Signs used for residential occupation or professional purposes which are not more than one foot square in area, provided that:
F.
Reconstructions of a building, structure or exterior architectural feature which has been damaged or destroyed by fire, storm or other disaster, provided that:
(1)
The exterior design is substantially similar to the original;
(2)
The reconstruction is begun within one year after the damage occurred and is carried on with due diligence;
(3)
Replacement of deteriorated roofing components shall match as nearly as possible the original materials and new materials colored other than in the brown, black, gray or slate ranges shall be subject to review by the Preservation Commission. Use of roof solar heating panels are similarly subject to Commission review;
(4)
Reconstructions utilize the original foundations placed in the same location so as to respect the character of the massing of the original volume(s). The authority of the Commission is limited to the exterior architectural features within the district which are visible from one or more designated public streets, public ways, public parks or public water bodies.
In case any section, paragraph or part of this by-law be for any reason declared invalid or unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force and effect.
A filing fee shall be included with all applications for certificates. Said fees shall be set, and may be amended from time to time, by the Select Board.