[HISTORY: Adopted by the Town Meeting of the Town of Charlton 5-14-1977 ATM by Art. 25. Amendments noted where applicable.]
The purpose of this bylaw 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
Charlton or their architecture, and through the maintenance and improvement
of settings for such buildings and places and the encouragement of
designs compatible therewith.
[Amended 5-19-1997 ATM by Art. 40]
A.
There is hereby established in the Town
of Charlton, an historic district consisting of three segments to
be known as 1) Northside Historic District-Central, 2) Northside Historic
District-East, and 3) Northside Historic District-South, bounded as
follows:
(1)
Northside Historic District-Central: Beginning
at a point on the northerly line of the Massachusetts Turnpike, it
being the southwest corner of land of P. Dowgiert and the southeast
corner of land of W. Eastman; thence N 62° 14' 48" E 75'; thence
S 27° 45' 12" E25'; thence N 62° 14' 48" E 894' to a bound;
thence easterly 512 feet on a radius of 10,050 feet on the northerly
line of the Massachusetts Turnpike; thence N 6° 12' W 429.40'
to the property of L. Adams: thence N 75° E 415'; thence N 15°
W 82.5'; thence N 75° E 241'; thence N 23° W 480 feet more
or less to the north line of Northside Turnpike, a.k.a. Stafford Street,
these last five courses by old deed; thence by the Worcester Co. layout
of Northside Turnpike S 57° 34' 55" W 985' by the north line of
said street to the east line of Nugget Drive; thence N 21° 40'
W 600'; thence crossing said drive S 65° 17' 24" W 800' to the
property of J. Burlingame: thence S 21° 25' 51" E 480'; thence
S 81° 25' 55" W 418'; thence N 8° 34' 05" W 1200'; thence
S 81° 25' 55" W 1650' more or less or to a point 550 feet west
of the west line of Cemetery Road; thence S 18° 55' 05" E 700';
thence N 88° 00' 18" W 900'; thence S 1° 59' 47" W 530' to
the North line of Northside Turnpike; thence crossing said road on
the same bearing 498'; thence S 88° 00' 13" E 1430 feet more or
less to property of L. Adams; thence northeasterly by Massachusetts
Turnpike plan bearing N 66° 20' E 515.44' on Adams south line
to the west line of Northside Road; thence S 13° 37' 18" W 146.35';
thence S 15° 40' 18" W 120.86'; thence westerly by the #2 schoolhouse
yard S 68° 16' 33" W 233.64'; thence S 8° 08' 47" E 43.71';
thence S 7° 26' 32" E 213.85"; thence S 72° 26' 32" E 155.5
feet more or less to the east line of Northside Road at property of
C.W. Farr; thence S 16° W 20 feet more or less to property of
W. Eastman; thence by magnetic bearings S 83° 57' E 183 feet;
thence S 3° 43' W 25'; thence S 78° 01' E 394'; thence S 14°
07' W 57' to the point of beginning.
(2)
Northside Historic District-East: Starting
at station 20 + 36.53 on the center line of Northside Turnpike, a.k.a.
Stafford Street as shown on Sheet 2 of 5, 1960 layout of Worcester
County Highway; thence S 34° 19' 40" W 611.12'; thence by radius
of 1000.0 length 348.82'; thence S 54° 18' 50" W 265.48'; thence
by radius of 1000.0 length 263.01'; thence S 69° 23' W 97.13";
thence by radius 5000, length 462.39'; thence S 64° 05' 05" W
237.19'; thence by radius 800.0 length 423.88'; thence S 34° 24'
W 626.09'; thence by radius 720.0, length 77283'; thence N 84°
06' W 145.01'; thence N 5° 54' E 33.0'; thence N 32° 02' 21"
W 315.45'; thence N 32° 02' 21" W 33.0 feet more or less across
Tucker Road; thence N 32° 02' 21" W 439' more or less by an old
way to the north line of Smith Road; thence by the north line of Smith
Road 2,000 feet; thence N 2° 43' 42" W 250"; thence easterly parallel
250 feet to the north line of Smith Road to the property N/F Smith
estate; thence S 12° 45' 23" E 25.85'; thence N 85° 57' 48"
E 38.73; thence S 2° 43' 42" E 151.40'; thence S 8° 24' 10"
E 72.75' to the north line of Smith Road; thence crossing said road
50 feet more or less to the wall; thence S 10° 31' 29" E 285.93;
thence S 12° 40' 25" E 14.07'; thence southwesterly parallel 300
feet to the south line of Smith Road; thence N 86° 27' 57" E,
283'; thence S 88° 47' 41" E 387'; thence N 34° 24' E 419.59';
thence N 48° 55' 25" E 591.06'; thence N 64° 05' 05" E 237.19";
thence N 66° 44' 03" E 492.73; thence N 69° 23' E 97.13';
thence N 61° 50' 55" E 175.71'; thence N 54° 18' 50" E 265.48';
thence N 44° 19' 15" E 232.53'; thence N 34° 19' 40" E 611.12';
thence S 55° 40' 20" E 330' to the center line of Northside Turnpike,
and the place of beginning.
(3)
Northside Village Historic District South:
Beginning at a bound on the westerly side of Northside Road, being
a corner of property of O. & W. Hultgren; thence N 65° 01'
W 159.92'; thence north by the wall N. 24° 30' 15" E 717.12';
thence S 63° 52' E, 183.65' to the west line of the road; thence
N 53° 09' 30" E 190 feet more or less; thence N 44° 13' 30"
E 320 feet more or less; thence N 47° 59' 30" E 130 feet more
or less; thence N 29° 51' E 124.87' more or less; thence N 30°
47' 30" E 106.56'; thence N 32° 32' E 103.53'; thence N 37°
01' 30" E 143.04'; thence N 41° 57' E 362.5' to a corner, the
last eight courses being on the west line of said road; thence S 79°
34' 10" W 359' by land of S. Eastman and J.L. Cook; thence S 36°
45' W 951.43' to land of O. & W. Hultgren; thence S 6° 22'
30" W 276.21'; thence S 4° 38' W 174.03'; thence S 5° 39'
W 225.57'; thence S 6° 41' W 224.40' to land of J. Ryder; thence
S 4° 50' 50" W 166.83'; thence S 2° 01' 33" W 154.16'; thence
S 0° 28' 15" W 279.10'; thence S 0° 20' 40" W 284.03' to a
corner; thence N 64° 51' 11" E 1264.17' by land of Ryder and Soucy
to the west line of Northside Road; thence N 22° 50' E 405' more
or less to the bound first mentioned. Beginning at a point on the
westerly side of Northside Road at the northwest corner of the present
Northside Village Historic District - South, then continuing northeast
on the westerly line of Northside Road 1,221.67 feet, more or less
to a point, then crossing the road to the easterly side of said road,
it being the northwesterly corner of parcel 4.1 on Map 24 Block A;
thence S. 84° 11' 04" E. 310.04' to an iron pipe; thence N. 76°
46' 54" E. 74.58'; thence S. 64° 25' 40" E. 69.55' to a pipe;
thence S. 88° 03' 00" E. 87.65'; thence S. 83° 38' 34" E.
71.23'; thence S. 87° 23' 04" E. 101.70'; thence S. 84° 58'
04" E. 230.28'; thence S. 85° 17' 34" E. 171.73'; thence S. 85°
11' 34" E. 117.24'; thence S. 85° 28' 04" E. 181.03' to a pipe;
thence S. 85° 03' 04" E. 196.25' to a point; thence S. 86°
33' 04" E. 293.53' to iron pipe; thence, S. 19° 39.04" 540.81'
to a corner of walls; thence S. 74° 11' 51" W. 1722' more or less
to an iron pipe; thence N. 16° 18' 59" W. 208.64' to a pipe; thence
S. 80° 01' 47" W. 101.22' to a pipe; thence S. 72° 07' 57"
W. 45S.21' to a point in the northerly line of the present Historic
District - South; thence S. 84° 51' 38" 338.77' by the northerly
line of the Historic District - South; thence crossing Northside Road
on the same bearing to the west line of said road, it being the northwest
corner of the Northside Village Historic District - South and the
point of beginning.
As used in this chapter, the following
words and terms shall have the following meanings:
A combination of materials having a roof and forming a shelter
for persons, animals and property.
The building inspector for the Town of Charlton.
The Historic Districts Commission established by § 147-4.
Includes the words "built," "constructed," "reconstructed,"
"restored," "altered," "enlarged," and "moved."
The architectural style and general arrangement of such portion
of the exterior of the building or structure as is designed to be
open to view from a public street, way, or place, at any season.
Includes an individual, a corporate or unincorporated organization
or association and the Town of Charlton.
Any man-made combination of materials, other than a building.
A.
There is hereby established in the Town
of Charlton an Historic Districts Commission consisting of five unpaid
members who shall be residents of the Town of Charlton, to be appointed
by the Selectmen of the Town as follows: two from four candidates
nominated by the Charlton Historical Society, one from two candidates
nominated by the Charlton Historical Commission, and two members,
residents residing in the historic district. Initially the terms shall
be as follows: one member for one year, two members for two years,
and two members for three years. Thereafter each term shall be for
a period of three years.
B.
The Selectmen shall appoint from the nominees
four associate members. In case of absence, inability to act, or disinterest
on the part of a member of the Commission, his place shall be taken
by an associate member designated by the Chairman of the Commission.
In case of vacancy on said Commission, the Chairman may designate
an associate member to serve as a member of the Commission until said
vacancy is filled.
C.
Every member and associate member shall
continue in office after the expiration of his term until his successor
is duly appointed and qualified. Any member or associate member may
be removed for cause by the appointing authority upon written charges
and a public hearing. The Commission shall elect a chairman and a
secretary from its membership. In case of absence of the Chairman
from any meeting, the Commission shall elect a chairman pro-tempore
for such a meeting.
A.
Except as provided in § 147-7; no building or structure within an historic district 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 nonapplicability or a certificate of hardship, with respect to such construction or alteration.
B.
Any person who desires to obtain a certificate
from the Commission shall file with the Commission an application
for a certificate of appropriateness, a certificate of nonapplicability,
or a certificate of hardship, as the case may be, in such form as
the Commission may reasonably determine, together with such plans,
elevations specifications, material and other information, including
in the case of demolition or removal, a statement of the proposed
condition and appearance of the property thereafter, as may be reasonably
deemed necessary by the Commission to enable it to make a determination
on the application.
C.
No building permit for construction of
a building or structure or for alteration of an exterior architectural
feature within an historic district and no demolition permit for demolition
or removal of a building or structure within an historic district
shall be issued until the certificate required by this section has
been issued by the Commission.
A.
In passing upon matters before it the Commission
shall consider, among other things, the historic and architectural
value and significance of the side, buildings or structures, the general
design, arrangement texture and materials of the features involved,
and the relation of such features to similar features of buildings
and structures in the surrounding area. 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 buildings
or structures both in relation to the land area upon which the buildings
or structures are situated and to the buildings and structures in
the vicinity, and the Commission may, in appropriate cases, impose
dimensional and setback requirements in addition to those required
by applicable ordinance or bylaw. The Commission shall not consider
interior arrangements or architectural features not subject to public
view.
B.
The Commission shall not make any recommendations
or requirements except for the purpose of preventing developments
incongruous to the historic aspects or architectural characteristics
of the surroundings and of the historic district.
A.
The authority of the Commission shall not
extend to the review of the following categories of buildings and
structures, or exterior architectural features in the historic districts,
and the Commission shall issue a certificate of nonapplicability with
respect to construction or alteration in any category not subject
to review:
(1)
Temporary structures or signs; subject,
however, to such conditions as to duration of use, location, shall
reasonably specify.
(2)
Terraces, walks, driveways, sidewalks and
similar structures, provided that any such structure is substantially
at grade level.
(3)
Walls and fences.
(4)
Storm doors and windows, screens, window
air conditioners, lighting fixtures, antennae and similar appurtenances.
(5)
The color of paint.
(6)
The color of material used on roofs.
(7)
Signs of not more than two square feet
in area in connection with use of a residence for a customary home
occupation or for professional purposes.
Nothing in this chapter 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 or outward appearance
thereof, nor to prevent landscaping with plants, trees, or shrubs,
nor construed to prevent the meeting of requirements for public safety
because of an unsafe or dangerous condition.
In any and all cases the powers and
duties of the commission shall be governed by Chapter 40C of the General
Laws of the Commonwealth, as most recently amended.
This bylaw shall become effective upon the filing by the Historic Districts Commission of a map or maps setting forth the boundaries of the historical districts created by § 147-2 of this bylaw with the Town Clerk and upon recording by the Historic Districts Commission of said map or maps with the Worcester District Registry of Deeds.
Severability of provisions. The provisions
of this bylaw shall be deemed to be severable and in case any section,
paragraph, or part of this bylaw shall be held unconstitutional by
any court of competent jurisdiction, the decision of such court shall
not affect or impair the validity of any other sections, paragraphs,
or parts of this bylaw.
