This chapter shall be known and may be cited as the "Belchertown Historic District Bylaw" and adopted pursuant to MGL c. 40C, as amended.
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 the Town of Belchertown and the Commonwealth of Massachusetts or their architecture and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith.
There is hereby established under MGL c. 40C an historic district to be known as the "Belchertown Center Historic District," which district shall be bounded as shown on the map entitled "Belchertown Center Historic District, 1989" attached and made part of this chapter. The district boundaries are the same as those established by the Belchertown National Register Historic District in 1982.
[Amended 5-9-2016 ATM by Art. 15]
A. There is hereby established under MGL c. 40C an Historic District Commission, which Commission may also be referred to as the "Historic District Bylaw Commission," consisting of seven members appointed by the Select Board, including, when possible, one member selected from two nominees submitted by the
Belchertown Historic Association; one member selected from two nominees submitted by the local Board of Realtors; one member who is a registered architect in the Commonwealth of Massachusetts, selected from two nominees submitted by the local chapter of the American Institute of Architects; one member who is a resident and property owner in the district; and three members who are residents of the Town at large. Nominations shall be solicited and received pursuant to MGL c. 40C, § 4.
[Amended 5-9-2016 ATM by Art. 16]
B. Members of the Historic District Commission shall be appointed for terms of three years so arranged that the term of at least one member, including but not limited to one of the members appointed from the residents of the Town at large, expires each year. Vacancies shall be filled within 60 days by the Select Board by appointment for the unexpired term. All members shall serve without compensation. The Commission shall elect annually a Chairman and Vice Chairman from its own number and shall appoint a Secretary from within or without its own number. Four members of the Commission shall constitute a quorum.
The Historic District Commission shall have all powers and duties of Historic District Commissions as provided by the Historic District Act, MGL c. 40C, and subsequent amendments thereto, unless specifically limited by this chapter.
A. Rules and regulations. The Commission may adopt rules and regulations not inconsistent with the provisions of the Historic District Act.
B. Staffing and assistance. The Commission may, subject to appropriation or receipt of monetary gifts, employ clerical and technical assistants or consultants and may incur other expenses appropriate to the carrying out of its work.
C. General regulatory powers. The Commission shall have regulatory control over new construction, reconstructions, alterations, movements and demolition of all exterior architectural features of buildings and structures within the Historic District which are visible from any public street, public way or public park within the Historic District, except as limited by this chapter. The term "structure" includes stone walls, fences, driveways, walks, terraces, steps, pavings, signs, lights and appurtenant fixtures on lots, buildings or structures. For purposes of this chapter, any structure partially within the Historic District shall be considered within the district.
D. Considerations.
(1) In passing upon matters before it, the Commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure; the general design, arrangement, texture, material and color 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, shape and material of the building or structure, both in relation to the land area upon which the building or structure is situated and to the buildings or structures in the vicinity, and the Commission may, in appropriate cases, impose dimensional and setback requirements in addition to those required by applicable zoning bylaws.
(2) In passing upon applications for a certificate of appropriateness, the local Historic District Commission shall refer to historical scholarship based on original sources, historic photographs or other visual documentation and the Secretary of the Interior's Standards for Rehabilitation in order to evaluate the proposed changes.
E. Exceptions. The Commission may determine from time to time, after public hearing, that certain categories of exterior architectural features, structures or signs may be constructed or altered without review by the Commission. The Commission may, after public hearing, set forth the various designs of certain appurtenances, such as lighting fixtures, which will meet the requirements of the Historic District, but no such determination shall limit the right of an applicant to present other designs to the Commission for its approval.
The Town of Belchertown shall be subject to the provisions of this chapter, notwithstanding any town bylaw to the contrary.
In case any section, paragraph or part of this chapter shall be declared invalid or unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force and effect.
Following town meeting approval, this chapter shall take effect immediately when the following conditions have been met:
A. Approval by the Attorney General of the commonwealth.
B. Filing of a map of the boundaries of the Historic District with the Belchertown Town Clerk, the Belchertown Building Inspector and the Registry of Deeds for Hampshire County.