[HISTORY: Adopted by the Town Meeting of the Town of Hopkinton 4-9-1979 ATM by Art 40; amended 5-2-1995 ATM by Art. 62; 5-2-2000 ATM by Art. 23; 5-7-2001 ATM by Art. 28; 5-3-2004 by Art. 32; 5-2-2005 ATM by Arts. 3 and 18; 5-6-2019 by Art. 46. Subsequent amendments noted where applicable.]
The purpose of this chapter 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 Hopkinton or significant for their architecture and the maintenance and improvement of settings for such buildings and places and the encouragement of designs compatible therewith.
A. 
There is hereby established under the provisions of M.G.L. c. 40C, an Historic District to be known as the "Hopkinton Center Historic District (the "District"), the location and boundaries of which are shown on a map entitled "Historic District Map of the Town of Hopkinton" and which District is generally described as follows:
(1) 
The land on the South side of Main Street consisting of Lot 220, portions of Lots 219, 218, and 216, Lots 217, 197 and 196; the land at the intersection of Main and Hayden Rowe Streets consisting of Lot 195; the land on the West side of Hayden Rowe Street consisting of Lots 194 and 193, and a portion of Lot 192; the land on the South side of Park Street consisting of a portion of Lots 172 and 285, and Lots 171 and 170; the land on the West side of Ash Street consisting of Lot 1; the land on the East side of Ash Street consisting of Lot 168; the land at the intersection of Ash and East Main Streets consisting of Lot 167; the land on the South side of East Main Street consisting of Lot 43; the land on the North side of East Main Street consisting of a portion of Lot 156, and Lot 155; the Town Common; the doughboy monument plot; portions of Main, Church, Hayden Rowe, Ash and East Main Streets, and all of Park Street; the parcel of land upon which is situated the Hopkinton Town Hall and which is shown on Hopkinton Assessor's map U16, Block 149, as Lot 0.
(2) 
The area included in the Historic District known as the "Hopkinton Center Historic District" is enlarged by including therein the following parcel or block of land:
That portion of the parcel of land upon which is situated the Center School which is shown on Hopkinton Assessors Map U17, Block 42, as Lot 0, and which is bounded and described as follows:
Beginning at the most southerly corner of Block 42 at the point of intersection of Block 42, Block 40 and Ash Street, and thence running in a general northeasterly direction on the boundary line between Block 42 and Block 40, approximately 325 feet to the most northerly corner of Block 40; thence turning and running in a general northwesterly direction on a straight line which is the extension of the rear lot line of Block 40 to a point at the boundary line of Block 42 and Block 44; thence turning and running in a general southwesterly direction on the boundary line between Block 44 and Block 42 to the point of intersection of Block 44, Block 16-168 and Block 42, thence turning and running in a general southwesterly direction on the boundary line between Block 16-168 and Block 42 approximately 214 feet to the most westerly corner of Block 42 at the point of the intersection of Block 16-168, Block 42 and Ash Street; thence turning and running in a general southeasterly direction on the boundary line between Block 42 and Ash Street, approximately 170 feet to the point of beginning.
B. 
There is hereby established under the provisions of G.L. c. 40C, an Historic District to be known as the "Woodville Historic District" (the "Woodville District"), the location and boundaries of which are shown on a map entitled "Woodville Historic District Map" and which district is generally described as follows:
"The land on the North side of Wood Street consisting of Lots 200*, 202*, 204,206, 208, 210, 212, 216, 218, 220*, 222*, 224*, 226, 230*, 232, 234, 238, § 240*, 242, 244, 246, 248, 250, 252*, 254, 256, 258, 262, 264*, 266, 268*, 270*, 272*, 274*, 276*, 278, 280, 282, Evergreen Cemetery and Lots 2*, 4*, and 6* on Whitehall Lane which fronts on the North side of Wood Street; the land on the South side of Wood Street consisting of Lots 203. 205. 207, 209, 211, 215*, 217, 219, 221, 223, 225, 227, 229, 235, § 237, § 239, § 241, 247, 249, 251, 253*, 255*, 259,§ 261*, § 263*, § 265*, 271*, 273*, § 277*, 279*, 283*, § 285*- § 297* (counted as one parcel as Lake Whitehall parking lot), § 299, 301; the land on the West side of Exchange Street consisting of 6, 8, 10, and § 12; the land on the West side of Winter Street consisting of Lots 6, 8, 12, 14, 18, 20, 22, and 24; the land on the East side of Winter Street consisting of lot 21; the land on the North side of Highland Street consisting of Lot 10*; the land on the South side of Highland Street consisting of State Land designated as Lot F* on the accompanying map, the Gatehouse located on a portion of Highland Street within Whitehall State Park; the land on the East side of Fruit Street consisting of Lots § 2, 4*, 20*, and 26; the land on the West side of Fruit Street consisting of Lot 19. The rear boundary line has been established to coincide with the zoning demarcation between residential and agricultural land. Those lots followed by an * denote lots whose rear boundary line is established according to the zoning demarcation. All others follow the lot lines established shown on the town assessor maps. Those lots preceded by a § denote lots without addresses."
C. 
There is hereby established under the provisions of G.L. c. 40C, an Historic District to be known as the “76 Main Street Historic District”, the location and boundaries of which are shown on a map entitled the “76 Main Street Historic District Map” and which is generally described as follows:
The parcel of land which is shown on Hopkinton Assessors Map U16 Block 75 Lot 0, and is which is bounded and described as follows: Southeasterly by Main Street, 139 feet; Southwesterly by land at 78 Main Street, 181.99 feet; Southeasterly by land at 78 Main Street, 12.17 feet; Southwesterly by land at 4 Summer Street and 8 Summer Street, 160 feet; Northwesterly by land at 102-104 Davis Road, 180.27 feet; and Northeasterly by land of the Town of Hopkinton on 3 courses, 65 feet, 65.88 feet, and 195.57 feet.
D. 
Whenever any uncertainty exists as to the exact location of a boundary line, the location of such line shall be determined by the Hopkinton Historic District Commission.
A. 
There is hereby established under M.G.L. c. 40C, with all the powers and duties of an historic district commission thereunder, the Hopkinton Historic District Commission, consisting of seven members appointed by the Select Board, and whose authority shall extend over the Hopkinton Center Historic District and the 76 Main Street Historic District. The membership of the Commission shall include one resident or property owner within the District, one member from two nominees submitted by the Hopkinton Historical Commission, one member from two nominees submitted by the Boston Society of Architects, one member from two nominees submitted by the Hopkinton Historical Society, one member from two nominees submitted by the Board of Realtors serving Hopkinton and two members at large who shall be citizens of Hopkinton.
B. 
There is hereby established under MGL c. 40C, with all the powers and duties of an Historic District Commission thereunder, the Woodville Historic District Commission, consisting of seven members appointed by the Select Board, and whose authority shall extend over the Woodville Historic District. The membership of the Commission shall include three residents or property owners within the Woodville District, one member from two nominees submitted by the Hopkinton Historical Commission, one member from two nominees submitted by the Boston Society of Architects, one member from two nominees submitted by the Hopkinton Historical Society, and one member from two nominees submitted by the Board of Realtors serving Hopkinton.
C. 
If, within 60 days after submission of a written request for nominees to any of the organizations named, no such nominations have been made, the Select Board may proceed to make appointment to the Commission without the nomination of such organization.
D. 
The terms of membership on the Commission shall be for three years, except that the terms of membership for the initial appointments shall be as follows: two members for terms of one year, two members for terms of two years and three members for terms of three years.
E. 
Vacancies shall be filled in the same manner as the original appointments and shall be for the unexpired terms.
F. 
The Commission shall annually elect a Chair from its members by a majority vote, except that the initial Chair shall be designated by the Select Board. The Commission shall annually elect a Vice Chair and Secretary from its members by a majority vote.
The Commission shall meet at the call of the Chair or at the request of two members. A majority of its membership shall constitute a quorum. The Commission shall act on all applications for certificates filed with it in accordance with the provisions of M.G.L. c. 40C, § 11.
Notwithstanding anything contained in this chapter to the contrary, the authority of the Commission shall not extend to the review of the following categories of buildings or structures or architectural features in the District:
A. 
Temporary signs used for a period of not more than 30 days.
B. 
Walks, driveways and sidewalks to the extent that the alteration is of the same type construction as presently exists.
C. 
Storm windows and doors, screen doors and windows, antennae and similar appurtenances and window air conditioners.
D. 
Color of paint when structures are repainted the then color or white.
E. 
Reconstructions of a building, structure or exterior architectural feature which has been damaged or destroyed by fire, storm or other disaster, provided that the exterior design is substantially similar to the original and the reconstruction is begun within one year of the occurrence and is carried on with due diligence. The Commission may require plans for reconstructions be submitted prior to the commencement of the reconstruction for the sole purpose of determining whether this exclusion is applicable.
F. 
Any property feature, other than exterior architectural features, situated within the District that is not visible from one or more public streets within the District or the Town Common.
Notwithstanding anything contained in this Chapter to the contrary, the authority of the Woodville Commission shall not extend to the review of any of the categories of buildings or structures or architectural features referred to in that portion of this section 123-6 relating to the Historic District Commission, and shall also not extend to the review of the following categories of buildings or structures or architectural features in the Woodville District:
A.
Lighting fixtures and satellite dishes.
B.
Color of paint.
C.
Roof materials and roof material color.
In all other respects, Chapter 123, Historic District, of the General Bylaws of the Town of Hopkinton shall remain in full force and effect.
The Commission shall have the authority to adopt and amend rules and regulations for the conduct of its affairs, but only to the extent such rules and regulations are consistent and not in conflict with any of the provisions of M.G.L. c. 40C. A copy of the rules and regulations adopted by the Commission shall be provided, free of charge, to all owners of property situated within the District. Such rules and regulations may include the adoption of a schedule of fees to cover the costs associated with the administration and review of any application which is filed under this chapter.
The Commission shall determine within 14 days after the filing of an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, whether the application involves any exterior architectural features which are subject to approval by the Commission. If the Commission determines that such application involves any such features which are subject to approval by the Commission, the Commission shall hold a public hearing on such 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 other property deemed by the Commission to be materially affected thereby as they appear on the most recent real estate tax list of the Board of Assessors, to the Planning Board, to any person filing written request for notice of hearings, such request to be renewed yearly in December, and to such other persons as the Commission shall deem entitled to notice.
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 fails to make a determination within such period of time, the Commission shall issue a certificate of hardship.
A public hearing on an application need not be held if such hearing is waived in writing by all persons entitled to notice thereof. A public hearing on an application may be waived by the Commission if the Commission determines that the exterior architectural feature involved or its category or color, as the case may be, is so insubstantial in its effect on the 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, 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.
Any person aggrieved by a determination of the Commission may, within twenty 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 persons of competence in such matters, designated by the Metropolitan Area Planning Council. The finding of the persons making such review shall be filed with the Town Clerk within 45 days after the request, and shall be binding on the applicant and the Commission, unless further appeal is sought in the Superior Court as provided in M.G.L. c. 40C, sec. 12A.
A. 
The Commission and the Director of Municipal Inspections are both authorized to enforce the provisions of this chapter.
B. 
No building permit for construction of a building or structure or for alteration of an exterior architectural feature within the District and no demolition permit for demolition or removal of a building or structure within the District shall be issued by the Director of Municipal Inspections until the certificate required by this chapter has been issued by the Commission.
C. 
Any person who violates any provision of this chapter, or any regulation or certificate issued there under, shall be liable for a fine of not more than $300.00. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of this chapter, or any regulation or certificate which shall have been violated, shall constitute a separate offense.
The provisions of this chapter shall be deemed to be severable. If any of its provisions shall be held invalid or unconstitutional by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Where this chapter imposes a greater control upon setback, signs and other external features than is imposed by other bylaws of the Town of Hopkinton, the provisions of this chapter shall govern.