1.1.
Title and Authority.
This Chapter 19 shall be known as the Winchester Heritage Districts Bylaw. This chapter is adopted as a general bylaw of the Town of Winchester under the authority of the Home Rule Amendment of the Constitution of the Commonwealth of Massachusetts.
1.2.
Purposes.
The purposes of this section are to:
(a)
Enable the establishment of heritage districts in the Town of Winchester;
(b)
Preserve and protect buildings, structures, settings, and sites that have historical, architectural, or cultural significance to a heritage district or to the Town of Winchester;
(c)
Without violating the purpose in Subsection 1.2(b), permit the improvement of buildings, structures, settings and sites;
(d)
Prior to work proceeding on a project involving a change that includes at least one reviewable element, require review and approval by the relevant heritage district commission of the appropriateness of the reviewable elements of the change;
(e)
Designate excluded elements applicable to all heritage districts and provide for the designation of additional excluded elements in each heritage district in a new or amended section of this chapter adopted to establish or amend a particular heritage district;
(f)
Provide review standards for the review and approval process, some of which may be unique to a particular heritage district; and
(g)
Promote the public welfare by preserving and enhancing the heritage districts and the Town of Winchester as desirable and attractive places to live, work, engage in business, and participate in public activities.
1.3. ADDITION ALTERATION BUILDING CERTIFICATE DECISION (OR SIMPLY DECISION) CERTIFICATE OF APPROPRIATENESS CERTIFICATE OF EXCLUSION CHANGE DEMOLITION EXCLUDED ELEMENT HERITAGE DISTRICT HERITAGE DISTRICT AMENDMENT PROPOSAL HERITAGE DISTRICT COMMISSION HERITAGE DISTRICT FEATURE NEW CONSTRUCTION NEW HERITAGE DISTRICT PROPOSAL NONREMEDIATION DETERMINATION PROJECT PROPOSAL PROPERTY ADDITION PROPOSAL REGULATION REVIEW REVIEW STANDARDS REVIEWABLE ELEMENT SETTING SITE STRUCTURE VIOLATION VIOLATION DETERMINATION
Definitions.
As used in this chapter, each of the following terms shall have the indicated meaning:
Means an increase in the aggregate floor area, number of floors, height, or volume of a building or structure, or an increase in the size or scope of a setting or site.
Means a modification of all or part of an existing heritage district feature.
Means a combination of materials forming a covered shelter in a heritage district for one or more people or animals or property, whether or not enclosed and whether or not having a permanent foundation.
Means a decision by vote of a heritage district commission on whether to issue a certificate of appropriateness or a certificate of exclusion, or of the Winchester Historical Commission on whether to issue a certificate of hardship under Subsection 1.5.
Means a certificate issued by a heritage district commission, after a review and a certificate decision, stating that the reviewable elements of a project proposal have been determined to be appropriate under the review standards.
Means a certificate issued by a heritage district commission, after a review and a certificate decision, stating that specified elements of a project proposal have been determined to be excluded elements.
Means any addition, alteration, demolition, or new construction.
Means any act of pulling down, destroying, removing, or razing all or part of any heritage district feature, or commencing or continuing any such act.
Means a part, portion, or component of a change that, under this section or any new or amended section of this chapter adopted to establish or amend a particular heritage district, or under a certificate of exclusion issued by the relevant heritage district commission, is not subject to review or approval by a heritage district commission.
Means one (1) or more properties in the Town of Winchester that are established as a heritage district in accordance with this section. Properties included in a heritage district need not have historical, architectural, or cultural significance.
Means a proposal to the Town Meeting to add or amend provisions in this chapter applicable specifically to an existing heritage district, but excluding a property addition proposal.
Means the body appointed in accordance with this chapter to exercise the powers and authority granted under this chapter with respect to a heritage district.
Means a building, structure, setting, or site.
Means construction, fabrication, assembly, manufacture, or placement of a heritage district feature that has never before been present.
Means a proposal to the Town Meeting to include in this chapter a new heritage district in accordance with this section of this chapter.
Means a determination by vote of a heritage district commission that an infestation or environmental hazard cannot in any way be remediated or that the cost of remediation would represent an unreasonably large proportion of the value that a heritage district feature that is the subject of the infestation or environmental hazard would have after the remediation.
Means a written description of a proposed change in sufficient detail to enable a heritage district commission to conduct a review and to make a certificate decision. The project proposal shall refer to every part, portion, or component of the proposed change without regard to whether they may be considered to be excluded elements. The written description shall not be deemed to be in sufficient detail and may be rejected unless and until it has been determined to satisfy the reasonable requirements of the heritage district commission.
Means a proposal to the Town Meeting solely to add one or more properties to an existing heritage district.
Means a rule of a heritage district commission that governs procedural or substantive aspects of its activities and is adopted after a public hearing.
Means study and evaluation by a heritage commission under the applicable review standards of the reviewable elements of a project proposal.
Means criteria for review set forth in this chapter, including any new or amended section of this chapter adopted to establish or amend a particular heritage district, or other criteria not in conflict with the criteria set forth in this chapter and that are adopted by the heritage district commission for a particular heritage district after a public hearing.
Means a part, portion, or component of any change that is not an excluded element.
Means visible elements of the environment, milieu, and surroundings in a heritage district of one or more of the buildings, structures, or sites that contribute to the character, design, atmosphere, or appeal of the heritage district, or to the historical, architectural, or cultural characteristics of one or more parts of the heritage district. The visible elements may include topography, siting, massing, orientation, layout, extent and uniformity of setbacks along public ways, extent and uniformity of front yards, extent and uniformity of side yards, extent and uniformity of rear yards, scenery, landscape, public ways, roads, sidewalks, or bodies of water.
Means all or part of an area, park, landscape, open space, field, forest, body of water, or other place, in each case in a heritage district.
Means a construction, fabrication, assembly, or manufacture in a heritage district, other than a building.
Means (1) making (or beginning or continuing to make) a change other than a change that (i) is expressly permitted under any section of this chapter to be made without a project proposal and a certificate decision, (ii) is reflected in, and conforms to the change described in, a project proposal that was the basis of a certificate decision and is, at the time of making the change, covered by a valid unexpired certificate of exclusion, certificate of hardship, or certificate of appropriateness that resulted from the certificate decision, or (2) neglecting or refusing (or continuing a course of neglect or refusal) to repair a condition of decay or deterioration to the extent that all or part of a heritage district feature that is the subject of the condition of decay or deterioration (i) must be (or will, if the course of neglect or refusal continues, need to be) demolished under an order issued under Subsection 1.12, or (ii) is proposed for demolition as part of a project proposal based on the result of the neglect or refusal or course of neglect or refusal.
Means a determination by vote of a heritage district commission as to whether a violation has occurred.
1.4.
Establishing New Heritage Districts, Amending Existing Heritage Districts, and Adding Properties to an Existing Heritage District.
(a)
Majority Vote of Town Meeting.
One or more new heritage districts may be established (based on a new heritage district proposal), provisions of this chapter specifically related to an existing heritage district may be added or amended (based on a historic district amendment proposal), and properties may be added to an existing heritage district (based on a property addition proposal), in each case by a majority vote of the Town Meeting to approve such a proposal.
(b)
New Heritage District Proposal.
A new heritage district proposal may be filed by a governmental body of the Town of Winchester or an owner or owners of property in a proposed new heritage district with the Winchester Town Planner or the Winchester Town Manager (in the absence of the Town Planner), and shall include (1) a proposed new or amended section of this chapter specifically applicable to the proposed new heritage district and (2) a list of suggested members of the heritage district commission for the proposed new heritage district.
No formal heritage district proposal shall be required for any heritage district that is established by the Town Meeting at which this section is adopted or by a subsequent Town Meeting if the heritage district had been previously presented to the Town Meeting at which this section was adopted.
A proposed new or amended section of this chapter in a new heritage district proposal shall include (1) a map showing the geographic boundaries of the proposed new heritage district and the properties to be included in the proposed new heritage district, (2) a list of the properties to be included in the proposed new heritage district, (3) a description of the historical, architectural, and cultural characteristics of the proposed new heritage district and the heritage district features to be included, (4) a list of any categories of excluded elements that are in addition to the categories set forth in this section, (5) any review standards that are in addition to review standards of this section, (6) any procedures for the conduct of the business of the heritage district commission for the proposed new heritage district, and (7) a name for the proposed new heritage district.
(c)
Heritage District Amendment Proposal.
A heritage district amendment proposal may be filed by a governmental body of the Town of Winchester or an owner or owners of property in an existing heritage district with the Winchester Town Planner or the Winchester Town Manager (in the absence of the Town Planner), and shall include a proposed new or amended section of this chapter specifically applicable to the existing heritage district.
(d)
Property Addition Proposal.
A property addition proposal may be filed by a governmental body of the Town of Winchester, or an owner or owners of property in an existing heritage district with the Winchester Town Planner or the Winchester Town Manager (in the absence of the Town Planner), and shall include (1) a map showing the geographic boundaries of the existing heritage district including the properties proposed to be added to the existing heritage district, and (2) a list of the properties proposed to be added to the existing heritage district.
(e)
Heritage District Commission.
Each heritage district commission shall have seven members. The members of the heritage district commission shall be classified into three classes of as equal size as possible and appointed respectively for staggered three-year terms, except that the appointments of the classes of initial members shall be for one-year, two-year, and three-year terms respectively.
Within 45 days after the effective date of the establishment of a heritage district by the Town Meeting, the Winchester Planning Board shall appoint four members, the Winchester Historical Commission shall designate two representatives to be members of the heritage district commission, and the Winchester design review committee shall designate one representative to be a member of the heritage district commission for the heritage district.
Of the members to be appointed by the Planning Board, three members shall be owners of properties in the heritage district and a fourth member shall be a resident of Winchester who, if possible, has professional experience related to architectural or historic preservation. If, after reasonable efforts to find such a candidate, a willing candidate meeting the requirement for professional experience related to architectural or historic preservation cannot be identified, a candidate having other relevant experience or qualifications may be considered and appointed.
Each member of a heritage district commission shall serve until the end of his or her term and thereafter until his or her replacement is appointed. The term of a member of a heritage district commission shall expire if and when the member (1) resigns, (2) no longer meets the qualifications associated with his or her seat, (3) is removed by a two-thirds vote of all of the sitting members of the appropriate board or committee that appointed or designated the member, or (4) fails to attend seven consecutive meetings of the heritage district commission.
When a member’s term expires, the board or committee (as designated above), as the case may be, shall promptly appoint or designate a replacement member who satisfies the same membership requirements and belongs to the same class of alternate members as the person being replaced.
At any meeting of a heritage district commission, the presence of a majority of members shall be required for a quorum for the transaction of business. To be effective, a vote by the heritage district commission on any matter, including a certificate decision, violation determination, or nonremediation determination, shall require the vote of a majority of the members whose presence at the meeting constituted the quorum. Each decision or determination shall include a statement of the reasons for the decision or determination based on the applicable review standards and regulations.
The heritage district commissions for two or more heritage districts may include any number of the same members.
(f)
Recording of Map.
When a heritage district has been established or amended, a map identifying the geographic boundaries of and the properties included in the heritage district shall be recorded promptly in the registry of deeds of Middlesex County in such a way, if possible, that a search in the registry on any property within the district will locate the map.
(g)
Public Notice, Individual Notice, and Public Meetings for New Heritage District Proposals or Heritage District Amendment Proposals, and Property Addition Proposals.
(1)
Public notice of a new heritage district proposal or a heritage district amendment proposal shall be given by publication within 10 days after the new heritage district proposal or a heritage district amendment proposal has been filed with the Town Planner or Town Manager, and no later than 45 days before the closing of the warrant for the Town Meeting at which such proposal is to be considered. Publication shall be arranged by the Town Planner in a newspaper of general circulation in the Town of Winchester once in each of two successive weeks, one of which shall occur within the 10 days provided in the preceding sentence. Public notice of the new heritage district proposal or the heritage district amendment proposal shall also be posted in the normal manner specified by the Town Clerk from time to time. If the publication is not made within 10 days after the filing of the proposal with the Town Planner or Town Manager or is not made at least 45 days before the closing of the warrant for the Town Meeting, the proposal shall not be included in the warrant and shall not be voted on at that Town Meeting.
(2)
Individual notice of a new heritage district proposal or a heritage district amendment proposal shall be given to the owners of properties proposed to be included in the new heritage district contemplated by such new heritage district proposal or the properties in the existing heritage district that is the subject of the heritage district amendment proposal, as the case may be, at least forty-five (45) days before the closing of the warrant for the Town Meeting. The individual notice with respect to a new heritage district proposal shall include a quotation of Subsection 1.4(h). Such individual notice shall be given by:
(a)
Hand delivery of the notice with a copy of the new heritage district proposal or the heritage district amendment proposal to the properties proposed to be included in the new heritage district or the properties in the existing heritage district, as the case may be (if physically possible), and
(b)
Mailing by the Town Planner, by registered mail return receipt, with respect to each property proposed to be included in the new heritage district or the properties in the existing heritage district, as the case may be, to the person or entity and to the address that are listed in the Winchester tax assessment records for the property as of the date of the notice.
In addition, the delivery of the individual notice may be made in the manner provided for service of a summons in civil actions in Massachusetts under Massachusetts Civil Procedure Rule 4(d)(1) through 4(d)(6) or any successor rule for service of summons. |
Notwithstanding the preceding paragraphs of this section, no public notice or individual notice of a new heritage district proposal shall be required if the consent in accordance with Subsection 1.4(h) has been provided with respect to each property proposed to be included in the new heritage district contemplated by the new heritage district proposal. |
(3)
The Historical Commission shall hold a public meeting on a new heritage district proposal or a heritage district amendment proposal or a property addition proposal that would increase the number of properties in a heritage district by more than 25%; the public meeting shall be held prior to the closing of the warrant.
(h)
Consent to Inclusion of Property Required.
No property that is listed in a new heritage district proposal as proposed to be included in the new heritage district and no property that is listed in a property addition proposal shall be included in the new heritage district or added to the existing heritage district unless, at least five days (and no more than six months) before the closing of the Town Meeting warrant that includes an article to approve the new heritage district proposal or the property addition proposal, an owner of the property or a duly authorized representative of an owner of the property, identified on the records of the Winchester tax assessor as of the date of the notice provided above, has confirmed that the property is to be included in the new heritage district or added to the existing heritage district, as the case may be, by:
(1)
Signing the petition to include the article on the warrant for the Town Meeting; or
(2)
Signing another writing filed with the Town Planner or the Winchester Town Manager (in the absence of the Town Planner).
In either case of Subsection (h)(1) or (h)(2) of this section, the owner or representative must state that he or she is an owner of the property or a duly authorized representative of an owner of the property and that the property is to be included in the new heritage district or added to the existing heritage district, as the case may be. The property identified in the notice shall then be included in the bylaw and map in the warrant article for the proposed new heritage district or for the addition of the property to the existing heritage district. The other signed writing referred to in subsection (b) of this section may be of any form that meets the stated requirements including, for example, a form provided by the Town Planner for purposes of this subsection. |
(i)
Records.
The heritage district commission shall maintain or cause to be maintained with the Town Planner a publicly available record of each project proposal, certificate decision, violation determination, and nonremediation determination and a copy of each such proposal, decision, and determination shall be provided to the Town Planner and the Building Inspector.
(j)
Warrant Article.
No provision of this chapter shall be construed to alter or expand the parties who may request articles concerning heritage districts to be placed on warrants of the Town Meeting as identified in Section 2-12(a) of the Home Rule Charter of the Town of Winchester.
1.5.
Review Required.
Except as otherwise permitted by any section of this chapter (including as permitted by the provisions of any section of any new or amended section of this chapter adopted to establish or amend a particular heritage district), no change may be made unless the heritage district commission shall have first reviewed a project proposal with respect to such change, held a public hearing, and issued a certificate of exclusion or a certificate of appropriateness or unless, after a certificate decision of the heritage district commission not to issue a certificate of exclusion or a certificate of appropriateness, the Historical Commission shall have reviewed the project proposal and detailed evidence of the hardship, held a public hearing, and issued a certificate of hardship stating that a hardship, as specifically defined in a section of this chapter that applies to a particular heritage district, exists with respect to a project proposal and that the project proposal will not represent a significant detriment to the heritage district. If the heritage district commission fails to act on a certificate decision within 45 days after receiving a project proposal, a certificate of appropriateness shall automatically be deemed to have been issued at midnight on the 45th day.
The certificate decision of the heritage district commission or of the Historical Commission on a project proposal shall include a detailed statement of the reasons for the certificate decision in view of the review standards, or in view of the definition of hardship set forth in a section of this chapter that is applicable to a particular heritage district in the case of a certificate decision of the Winchester Historical Commission to issue a certificate of hardship.
No building permit or demolition permit may be issued for any change unless (a) every part, portion, and component of the change is an excluded element, or (b) the change has been the subject of a project proposal and (1) an applicable certificate of exclusion, certificate of hardship, or certificate of appropriateness has been issued and remains valid and unexpired or an applicable certificate of appropriateness has been deemed to have been issued under the preceding paragraph of this section and remains valid and unexpired and (2) no appeal has been taken under Subsection 1.13, or, if an appeal has been taken, the appeal has been finally decided and there remains no further right of appeal.
1.6.
Review Standards.
In making a certificate decision on a certificate of appropriateness with respect to a project proposal, the heritage district commission shall determine whether the reviewable elements of the project proposal are appropriate based on (a) the historical, architectural, or cultural characteristics, and significance to the applicable heritage district or to the Town of Winchester of (1) each heritage district feature that is subject to the change, and (2) other existing heritage district features within the heritage district, (b) the character (including particular features that contribute to the character) of the heritage district, (c) the nature of the reviewable elements including their general design, arrangement, texture, and material, and the relationship of the reviewable elements to similar elements of other heritage district features in the heritage district, (d) in addition to (a), (b), and (c), for new construction, the size and shape of the new construction in relation to the size, shape, and topography of the property to which the heritage district feature belongs and to other heritage district features in the heritage district, and (e) any review standards applicable to the heritage district, including any in the section of this chapter (as it may be amended from time to time) that applies to the heritage district.
1.7.
Excluded Elements for All Heritage Districts.
The following are excluded elements that shall not be subject to review by a heritage district commission:
(a)
Anything that is inside a building or structure;
(b)
Any part of a heritage district feature that cannot be seen from any public way and would not be seen from any public way in the absence of any fence, wall, hedge, or temporary structure that is situated between the public way and the heritage district feature;
(c)
Ordinary maintenance, repair, or replacement not involving a substantial change in outward appearance;
(d)
Color of paint, roof, siding, or foundation, or color of any other element of a heritage district feature;
(e)
Storm doors and storm windows, screens, window air conditioners, gutters, downspouts, mailboxes, lighting fixtures, and historical markers;
(f)
Reconstruction of all or part of a heritage district feature that has been damaged by fire, wind, flood, storm, or other sudden natural disaster or event, if the reconstruction does not involve a substantial change in outward appearance compared to the heritage district feature prior to the damage;
(g)
Temporary structures, including tents, construction shanties, or similarly portable or demountable structures used continuously for no longer than one year;
(h)
Signs that otherwise are not prohibited by law;
(i)
Any element that is under the control of any public utility or the Town of Winchester under an easement or right-of-way that encumbers all or any part of a property within a heritage district.
1.8.
Infestation or Environmental Hazard.
The presence of mold, asbestos, radon, blown-in insulation, or insect or other infestation or environmental hazard shall not be considered in making a certificate decision on a certificate of appropriateness or a certificate of hardship for a project proposal that includes a demolition unless an independent review, at the cost of the property owner who filed the project proposal and performed under the supervision of the Historical Commission, results in a nonremediation determination favorable to the property owner.
1.9.
Grandfathered Projects.
No provision of this chapter or an amendment to this chapter shall be construed to affect the right of a property owner to continue with a project involving a change covered by valid unexpired applicable required building permits, zoning-related permits, or other municipal approvals duly issued prior to the date of adoption by the Town Meeting of this chapter or an amendment to this chapter, as the case may be.
1.10.
Expiration of Certificates.
Each certificate of appropriateness issued by a heritage district commission and each certificate of hardship issued by the Historical Commission shall expire 18 months after the later of the date when the certificate is issued and the date when any appeal that is taken under Subsection 1.13 has been finally decided and there remains no further right of appeal. The heritage district commission may grant one extension of six months upon request made prior to the expiration of the 18 months by any owner of an affected property as of the time of the request.
1.11.
Violations; Remedies.
Owners of two or more properties in the Town of Winchester or two or more members of a heritage district commission who are aggrieved by or aware of a violation in the heritage district may petition the heritage district commission for a violation determination. Within 30 days after receiving the petition, the heritage district commission shall make a violation determination.
If there is a violation determination that a violation has occurred , then (a) the party or parties responsible for the violation shall immediately halt and immediately take all necessary action to cure or remedy the violation, (b) any existing applicable certificate of exclusion, certificate of appropriateness, certificate of hardship, building permit, or demolition permit shall be revoked immediately, and (c) no such certificate or permit shall be issued until the violation is corrected or otherwise resolved to the satisfaction of the heritage district commission in a manner consistent with the purposes of this chapter.
Any party aggrieved by a failure of a party or parties responsible for a violation to halt and take all necessary action to cure or remedy the violation immediately upon the heritage district commission making a violation determination that a violation has occurred may bring an action against such party or parties in the superior court of Middlesex County, or another court of competent jurisdiction under the Massachusetts General Laws.
1.12.
Demolition for Public Safety.
No provision of this chapter shall be construed to prevent demolition of a heritage district feature under an order of any governmental body of competent authority, based on an explicit determination by the body that the demolition is required to prevent a clear, demonstrated, imminent hazard to public safety.
1.13.
Appeals.
Any party aggrieved by (a) a certificate decision, (b) a violation determination, or (c) a nonremediation determination of the heritage district commission or the Historical Commission may file an appeal to the Planning Board within 20 days after the decision has been issued or the determination has been made. The Planning Board shall, within 45 days after the appeal is filed, either sustain or reverse the decision or determination and shall state detailed reasons for its decision based on the applicable standards provided in this chapter. The decision of the Planning Board shall be filed with the Building Inspector, the Town Planner, the Town Clerk, the Historical Commission, and the heritage district commission within 20 days after the close of the Planning Board’s public hearing with respect to the matter. The decision of the Planning Board may be appealed by the losing party, within 20 days after the decision is filed with the heritage district commission, to the Superior Court of Middlesex County or another court of competent jurisdiction under the Massachusetts General Laws.
1.14.
Severability and Other Laws.
If any portion of this chapter shall be held to be invalid, unenforceable, or unconstitutional, the remainder of this chapter shall continue to be in effect, valid, and enforceable. No provision of this chapter shall be construed as repealing, modifying, or superseding any existing chapter or regulation of the Town of Winchester, but the provision shall be construed to apply in addition to the existing chapter or regulation. To the extent that any provision of this chapter is more restrictive than an applicable provision of another chapter, regulation, or statute, the more restrictive provision of this chapter shall apply.
[1]
This section was amended by Article 2 of the 4/30/2015 Special Town Meeting; Article 5 of the 4/24/2017 STM; and Article 14 of the 11/9/2017 Fall Town Meeting.