[HISTORY: Adopted by the Historic District
Commission of the Town of Groton as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-21-1985, as revised through 1988]
A.
The Commission shall consist of not fewer than three
nor more than seven members: five shall be regular members, and two
shall be alternates.
B.
The Commission members shall be appointed by the Groton
Select Board, and their names shall be available from the Select Board's
office.
[Amended 1-29-2019]
C.
Appointments shall be made for a period of three years
and shall be so arranged that the term of at least one member expires
each year. If a member resigns before the completion of his appointment,
one of the alternates or a new member shall be appointed to fill out
the resigning member's term.
D.
Membership of the Commission shall include one or
more residents or owners of property in an historic district administered
by the Commission.
E.
Membership of the Commission shall include, if possible,
at least one architect.
F.
Members of the Commission do not have to be residents
of Groton.
G.
The Commission members shall vote to elect a Chairman,
a Vice Chairman and a Secretary once every year in June.
A.
Architectural alterations. All changes in the appearance of a building or a building site located within an historic district and visible from a public street shall require Commission approval. The following list of examples is provided only as a guide; it does not limit the scope of changes requiring approval to the examples cited. (See § 360-3 for exclusions.)
(1)
The construction of a new structure.
(2)
The demolition of an existing structure.
(3)
The construction or removal of an addition.
(4)
The construction or installation of a temporary structure
or piece of equipment such as a dumpster.
(5)
The reroofing, re-siding or repainting of a structure or parts thereof, except as noted in § 360-3.
(6)
The installation of storm windows, storm doors, air
conditioners, electric cables, light fixtures, electrical insect-killing
devices, solar panels, electrical antennas, wind vanes, quadrants
and commercial flags.
(7)
The construction or alteration of driveways, gates,
fences, walkways, terraces, steps, walls, barns, garages, mailboxes
and gazebos.
(8)
The addition, alteration or removal of windows, shutters,
doors, porches, steps and chimneys.
B.
Signs.
(1)
With the exception of temporary political signs prior
to elections; realty for-sale or for-rent signs; and community event
signs for Town Meetings, church fairs, firemen's picnics, school plays
and the like, the placement of permanent or temporary signs on or
about any building or building site must be approved by the Commission.
Note that all provisions of the Groton bylaws relating to signs must
first be followed. The Commission's primary purpose in reviewing signs
is to pass on the appropriateness of their design, size, color, execution
and placement on their site.
(2)
Although every sign will be reviewed for appropriateness
in the context of its immediate environment, the following guidelines
may be used in the preparation of preliminary designs:
C.
Siding. The use of artificial clapboard siding (aluminum,
vinyl or the like) shall not be approved for use on any structure
in the historic districts.
Approval is not required for:
A.
Exterior changes that cannot be seen from a public
street, public way or public park.
B.
Interior changes that cannot be seen from outside
the building.
C.
Repainting the same color. (However, sandblasting,
as a preparation, shall not be allowed.)
D.
Routine repairs not changing the exterior design appearance.
E.
Removing existing signs.
F.
Adding, removing or relocating trees, shrubs, flowers
and other vegetation.
A.
Applications for approval of proposed changes may
be obtained from the Town Clerk's office at the Town Hall on Main
Street.
B.
Applications must be signed by the owner, trustee
or representative of the property concerned. Applications made out
by a lessee will be accepted only when accompanied by an authorization
signed by the property owner.
C.
Completed applications received at the Town Clerk's
office by the end of the week prior to the Commission's regular Tuesday
meetings will be scheduled for hearing in the order received.
D.
Applications for alterations liable to be of concern
to abutters must be filed three weeks prior to the meetings so that
notices can be sent to the abutters. Costs of notification shall be
charged to the applicant.
E.
If a prospective applicant wishes to discuss proposed
alterations with the Commission before making a formal application,
a place on the agenda may be reserved by telephoning the Chairman.
F.
The agenda for each meeting and thus the time scheduled
for each applicant shall be posted on the bulletin board at the Town
Hall immediately prior to the meeting.
G.
New applications and requests for preliminary hearings
may also be given to the Commission at the start of any regularly
scheduled meeting. If time permits, they shall be heard and acted
upon after all previous business has been taken care of or at the
discretion of the Chair. Otherwise, they shall be heard at the start
of the next meeting.
H.
All applications for a certificate of appropriateness
must include the following:
(1)
The completed application form.
(2)
Photographs of the building or site before the proposed
alteration.
(3)
Scale drawings sufficient to describe in detail the
work proposed.
(4)
Paint color samples if the work includes repainting.
(5)
Roofing samples or manufacturer's literature if the
work includes roofing.
(6)
Samples, colors and/or literature on all other proprietary
materials or products that will be used and visible in the alteration.
(7)
If the application concerns a sign, it shall include:
I.
Although not required, the applicant's presence will
usually expedite the review process and may result in the acceptance
of an application that might otherwise have been disapproved for lack
of complete information.
J.
If an application does not contain enough information
for the Commission to be able to determine the appropriateness of
the proposed work, it may be:
(1)
Discussed with the applicant, if present, in order
to obtain the missing information.
(2)
Returned to the applicant, if present, for withdrawal
and reapplication at a later time.
(3)
Voted on and disapproved as incomplete. In this case,
all supporting material shall be returned to the applicant.
K.
The Commission shall keep all approved applications
in its files at the Town Hall. Samples of complete applications shall
be available at the library for the benefit of prospective applicants.
A.
The Commission shall hold regular open public meetings
starting at 7:30 p.m. on the third Tuesday of every month in the first-floor
meeting room of the Town Hall. If the meeting immediately follows
a public holiday celebrated on a Monday, it will start at 5:00 p.m.
in order to clear the room for the Select Board's meeting at 7:00
p.m.
[Amended 1-29-2019]
B.
Notice of the date, time and location of these public
meetings shall be posted at the Town Hall 48 hours in advance of said
meetings.
C.
No meetings shall be held unless a quorum of three
Commission members is present.
D.
Every meeting shall start with the distribution of
the agenda for that meeting.
E.
The Commission shall then take up the review of applications
in order of their original receipt, as scheduled on the agenda. Exceptional
applications may be rescheduled for review at a special hearing.
F.
If time remains, the Commission shall then review
any applications that have been brought to the meeting without prior
notice.
G.
The next order of business shall be the review and
acceptance of the prior meeting's minutes, followed by the disposition
of matters old and new.
H.
The Secretary of the Commission shall send copies
of the meeting's minutes in timely fashion to all Commission members,
the Select Board and the Building Inspector. Copies of both the agenda
and minutes shall also be filed at the library for the convenience
of those interested in reviewing them.
[Amended 1-29-2019]
A.
A special hearing may be called by the Chairman, by
majority vote of the Commission, for its own reasons or if requested
by an applicant or aggrieved other party.
B.
A special hearing may be called for one or more of
the following reasons:
(1)
Application is being made for an important new construction
or alteration likely to be of general interest to the townspeople.
(2)
The application being made is controversial and may
require extended discussion.
(3)
The alterations proposed are likely to be of concern
to the abutters, and the application was not received in time to notify
them 14 days prior to the meeting.
(4)
The applicant wishes to receive a determination before
the date of the next regular meeting.
(5)
Any other reasons which the Chairman or a majority
of the Commission members may reasonably have.
C.
The time, place and purpose of a special hearing shall
be posted at the Town Hall and advertised in a paper of local circulation
at least 14 days before the hearing.
D.
Copies of that advertisement shall be sent to the
applicant, the abutters, the Select Board, the Planning Board and
to such other persons as the Commission shall decide.
[Amended 1-29-2019]
E.
The costs of advertising shall be billed to the applicant.
A.
In reviewing each application, the Commission shall
consider the historic and architectural value and significance of
the site, building or structure involved; 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.
B.
In the case of new construction or additions to existing
buildings or structures, the Commission shall consider the appropriateness
of the size, shape and design of the building or structure, both in
relation to the land area upon which it is situated and to buildings
and structures in the vicinity. The Commission may in appropriate
cases impose dimensional and setback requirements in addition to those
required by applicable ordinance or bylaw.
C.
Members of the Commission are obliged by MGL C. 268A
to abstain from deliberating and voting on an application in which
they have a conflict of interest. Some examples would be:
D.
If the Commission finds that some parts of the proposed
changes outlined in an application are inappropriate, it will make
every effort to suggest ways in which the application could be amended
so that approval could be assured. Discussion among members and the
applicant, if present, shall focus on arriving at a solution satisfying
all concerned.
E.
After adequate discussion or by the end of the time
allotted to the application on the agenda, the Commission shall either
vote on the application, postpone further consideration until the
next meeting or request the application's withdrawal so that a revised
application may be made at a future time.
F.
Only five votes are counted. Alternate members shall
vote only if the number of regular members voting is fewer than five.
If both alternates are present and only one alternate vote is required,
the alternates shall vote alternatively.
G.
A majority vote shall carry. In the event of a tie,
the vote of the acting Chairman shall carry.
H.
The Secretary shall record each member's vote in the
minutes.
A.
After approving an application, the Commission shall
issue a certificate of appropriateness for the work proposed in that
application. This certificate shall be sent to the applicant, with
copies to the Select Board and the Building Inspector.
[Amended 1-29-2019]
B.
Each certificate issued by the Commission shall be
dated and signed by the Chairman or the Secretary and shall carry
the name and telephone number of a Commission member through whom
the applicant can maintain contact with the Commission during the
term of the project.
C.
Certificates of appropriateness are valid for the
original applicant for a period of one year. If the work for which
the certificate was granted has not been completed by the end of that
time, application for an extension will have to be made.
D.
If the property changes ownership and the new owners
wish to complete changes previously approved, they must identify themselves
to the Commission in order to receive a new certificate of appropriateness
in their own name.
E.
Any applicant wishing to make design changes after
a certificate of appropriateness has been issued must file a new application
for those changes and receive a certificate of appropriateness covering
those changes before making them.
F.
In the case of an application which has been disapproved,
the Commission shall record the reasons for such a determination and
shall send a notice of these reasons to the applicant. Copies of this
document shall be sent to the Select Board and the Building Inspector.
[Amended 1-29-2019]
G.
Any person wishing to contest the approval or disapproval
of an application for a certificate of appropriateness may have recourse
to the remedies noted in MGL C. 40C, § 12A.
A.
When the work for which a certificate of appropriateness
was granted has been completed, the applicant shall notify the Commission
member whose name and telephone number appear on the certificate in
order to schedule a review of the work.
B.
Before the next regular meeting, one or more members
of the Commission shall review the work on site in order to find out
if it has been carried out as originally approved.
C.
If the work matches the approved application, the
Commission shall send a signed report to that effect to the applicant,
the Select Board and the Building Inspector. The issuance of this
notice closes the file on the application.
[Amended 1-29-2019]
D.
If the work does not match the approved application
and the Commission finds the changes allowable, the Commission shall
request the applicant to file a new application covering those changes
before the next regular meeting.
E.
If the Commission finds the changes unallowable, it
shall request the applicant to have the work corrected.
F.
In the event that the applicant fails to correct the
work in a timely fashion, the Commission shall have recourse to the
provisions of enforcement authorized in MGL C. 40C, § 13.
[Amended 1-29-2019]
If unapproved work is carried out in the historic
districts, the owner of the property involved shall be held responsible.
Violations of the Groton Historic Districts Bylaw[1] shall result in a letter of warning being sent to the
owner, with copies to the Select Board and the Building Inspector.
If the owner, owner's agent or lessee continues to violate the provisions
of MGL C. 40C, these rules and regulations or the decisions of this
Commission, resort shall be made to fines or injunctions, or both,
as authorized in the Historic Districts Act, MGL C. 40C, § 13.
