The purpose of this bylaw is to promote the educational, cultural, economic, and general welfare of the public in keeping with the provisions of MGL c. 40C, as amended, through the preservation and protection of the distinctive outward appearance and characteristics of buildings and places significant in the history of the Town, through maintenance of the appearances and settings of such buildings and places, and through the encouragement of design and construction compatible therewith.
[HISTORY: Adopted by the Town Meeting of the Town of Winchendon as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 15 of the Bylaws]
A.
There is hereby established an Historic District in that part of Winchendon known as "Winchendon Centre", hereinafter called "Winchendon Centre Historic District", under the provisions of MGL c. 40C, as amended, bounded and described as follows:
(1)
Commencing at an iron pipe on the west side of High Street on the north boundary of land now owned by Omer J. Dionne;
(2)
Thence southerly along a stone wall, crossing the road leading to the hospital and continuing to a point north of the First Congregational Church;
(3)
Thence westerly along same stone wall to a corner and thence southerly to a corner; and thence westerly along the wall to a corner; and thence southerly along same stone wall to a junction in the wall SW of a house now owned by Marshall Smith;
(4)
Thence westerly along a stone wall to the NW corner of the Day House lot;
(5)
Thence southerly along the west boundary of the Day House lot and continuing on the same line across Hale Street to the end of a stone wall located on the east side of the Baldwinville Road and being the north boundary wall on land owned now or formerly by Marshall Smith;
(6)
Thence S74E; 189 feet along aforesaid stone wall to a junction in the wall on land owned now or formerly of Ralph G. Diehl;
(7)
Thence easterly to the junction of Teel Road and Cummings Road to an iron stake located on the north side of Teel Road and on land owned now or formerly by Mary L. Diehl;
(8)
Thence northerly to the SE corner of the old Town cemetery;
(9)
Thence northerly along the stone wall east boundary of the old Town cemetery to the NE corner of the same cemetery;
(10)
Thence northerly to an iron stake on the east side of a barn owned by James J. Hunt, Jr., and located on the former Hall farm;
(11)
Thence northwesterly to a bar way in a stone wall on the east side of Hall Road, and north of James J. Hunt, Jr. house;
(12)
Thence southerly along the west side of Hall Road to a stone wall on the north boundary of the Old Training Ground;
(13)
Thence westerly along the stone wall to a junction of the wall along a stone wall on land of William D. Brown to a corner in the wall;
(14)
Thence westerly along the wall to a point on the east side of High Street;
(15)
Thence southerly along the west side of High Street to a point of beginning.
B.
The foregoing metes and bounds are shown on a map entitled "Winchendon Centre Historic District, Established 1974" filed with the Town Clerk, and the Worcester County Registry of Deeds. Said map is designated as the map required for filing in accordance with the fourth paragraph of MGL c. 40C, § 3, as amended. The sources of said map are United States Geological Survey, Winchendon Quadrangle, 1954, and on-site survey of November, 1972.
[Amended 5-20-2013]
A.
There is hereby established an Historic District Commission, hereinafter called "the Commission", under the provisions of MGL c. 40C, as amended. It shall also have the powers and duties of an historical commission as provided in MGL c. 40, § 8D and MGL c. 40C, § 14. It shall consist of five members, and two alternate members, appointed by the Board of Selectmen. Before making any appointment, the Board of Selectmen shall in writing request the names of two nominees from the Winchendon Historic Society, Inc., two nominees from the Chapter of the American Institute of Architects covering Winchendon; and two nominees from the Board of Realtors covering Winchendon. One appointment shall be made from the two nominees named by each such organization. If any such organization shall fail to name two nominees within 30 days of such request, the Board of Selectmen may make the appointment without nomination from such organization. The remaining appointments may be made without nomination from any independent organization. At least one or more members so appointed shall be a resident of, or owner of, property within the Historic District. The terms of three years will be so arranged that as equal a number as possible will expire each year. Their successors shall be appointed in like manner for terms of three years. The filling of vacancies in the membership of the Commission, designation of alternate members to serve as required, and the election of officers shall be in accordance with the provisions of MGL c. 40C, as amended.
B.
The Commission shall have all the powers and perform all the duties conferred and imposed on Historic District Commissions by the General Laws of the Commonwealth.
D.
The Commission shall adopt rules and regulations for the conduct of its business not inconsistent with the provisions of MGL c. 40C, as amended, and may, subject to appropriation, employ clerical and technical assistance of consultants and may accept money gifts and expend same for such purposes.
E.
In case any section, paragraph, or part of this bylaw is 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.
[Adopted 5-18-2009 (Art. 16 of the Bylaws)]
This bylaw is enacted for the purpose of preserving and protecting significant buildings within the Town 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 bylaw, 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 bylaw 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 bylaw.
As used in this bylaw, 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 Winchendon Historical Commission or its designee.
Any act of pulling down, destroying, removing, dismantling or razing a building or commencing the work of total or 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 twelve-month demolition delay period of this bylaw.
Any building within the Town which is in whole or in part 50 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 the Town 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, 50 years or more old shall be issued without following the provisions of this bylaw. If a building is of unknown age, it shall be assumed that the building is 50 years or more old for the purposes of this bylaw.
B.
An applicant proposing to demolish a building subject to this bylaw 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 proceed to 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 a 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 12 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.
No permit for demolition of a building determined to be a preferably preserved building shall be granted until all plans for future use and development of the site have been filed with the Building Commissioner and have been found to comply with all laws pertaining to the issuance of a building permit or if for a parking lot or vacant lot, a site plan review shall be required, or if for a vacant lot use, until plans have been filed with the Building Commissioner showing the vacant lot use and detailing the plans to remove or fill any foundation or other subsurface structure, including sanitary septic components, wells, and dry wells, and including proper regrading of the site. All approvals necessary for the issuance of a building permit or certificate of occupancy, including without limitation any necessary zoning variances or special permits, must be granted and all appeals from the granting of such approvals must be concluded prior to the issuance of a demolition permit under this section.
K.
The Building Commissioner may issue a demolition permit or a building permit for a preferably preserved building within the 12 months if the Commission notifies the Building Commissioner in writing that the Commission finds that the intent and purpose of this bylaw is served even with the issuance of the demolition permit or the building permit.
L.
Following the twelve-month delay period, the Building Commissioner may issue the demolition permit.
The Commission may adopt such rules and regulations as are necessary to administer the terms of this bylaw. The Commission is authorized to adopt a schedule or reasonable fees to cover the costs associated with the administration of this bylaw. The Commission may delegate authority to make initial determinations of significance to one or more members of the Commission or to a municipal employee. The Commission may pro-actively develop a list of significant buildings that will be subject to this bylaw. Buildings proposed for the significant building list shall be added following a public hearing.
If after an inspection, the Building Commissioner finds that a building subject to this bylaw poses 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 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 bylaw or to prevent a threatened violation thereof. Any owner of a building subject to this bylaw that demolished the building without first obtaining a demolition permit in accordance with the provisions of this bylaw 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. If a building subject to this bylaw 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 otherwise agreed to by the Commission.
B.
Notwithstanding the foregoing, whenever the Commission shall, on its own initiative, or on application of a landowner, determine that earlier reconstruction, restoration or other remediation of any demolition in violation of this By-law better serves the intent and purpose of this By-law, it may, prior to the expiration of said period of two years, but no sooner than six months from the date of completion of any demolition in violation of this By-law, authorize issuance of a building permit, upon such conditions as the Commission deems necessary or appropriate to effectuate the purpose of this By-law, and may so notify the Building Commissioner.
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 Law, Chapter 40C, the Historic District Act. The steps required under M.G.L. Chapter 40C shall be followed prior to the establishment of a local historic district. Nothing in this bylaw 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 bylaw do so conflict, that act shall prevail.
In case any section, paragraph or part of this bylaw is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.