METHUEN HISTORIC DISTRICT ORDINANCE
Sec. 24-1 Enactment
Sec. 24-2 Purpose
Sec. 24-3 Historic District
Sec. 24-4 Definitions
Sec. 24-5 Historic District Commission Membership
Sec. 24-6 Duties and Power of the Commission
Sec. 24-7 Limitations and Exemptions
Sec. 24-8 Procedures
Sec. 24-9 Provisions
Sec. 24-10 Amendments
Sec. 24-11 Cases of Invalidity/Unconstitutionality
Sec. 24-12 Clarification of Position
Sec. 24-13 Requests for Review
CHAPTER 24 - METHUEN HISTORIC DISTRICT ORDINANCE
This ordinance shall be known and may be cited as the Methuen Historic District Ordinance and is adopted pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts, as amended.
The purpose of this ordinance is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of the buildings and places significant in the history of the City of Methuen or their architecture and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith.
Section 24-3. Historic District
There is hereby established under provisions of Chapter 40C of the General Laws an Historic District to be known as the "Searles, Tenney, Nevins Historic District". The district shall be bounded as shown on map #1 entitled "Searles, Tenney, Nevins Historic District", hereto attached and made part of this Ordinance.
As used in this chapter, the word "altered" includes the words "rebuilt", "reconstructed", "restored", "removed" and "demolished" and the phrase "changed in exterior color"; the word "building" means a combination of materials forming a shelter for persons, animals or property; the word "Commission" means the Commission acting as the historic district Commission; the word "constructed" includes the words "built", "erected", "installed", "enlarged", and "moved"; the words "exterior architectural feature" mean such portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof, the kind, color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures; the words "person aggrieved" mean the applicant, an owner of adjoining property, an owner of property within the same historic district as property within one hundred feet of said property lines and any charitable corporation in which one of its purposes is the preservation of historic structures or districts; and the word "structure" means a combination of materials other than a building, including a sign, fence, wall, tower, terrace, step, paving, manmade embankment, dam, bridge, canal, raceway, walk or driveway.
Section 24-5. Historic District Commission Membership
There is hereby established under chapter 40C of the General Laws a Historic District Commission consisting of seven members and three alternate members, appointed by the Mayor, including two members, where possible, submitted by the Methuen Historical Commission, one member submitted by the Boston Society of Architects, one member submitted by the Northeast Association of Realtors, Inc., three members and one alternate member submitted by the Society for the Preservation of New England Antiquities or a Methuen Historical Society or preservation association. If for any reason the above-mentioned organizations fail to submit the requested nominees, the Mayor is empowered to designate ex-officio members in their places. Where possible, one or more of the members shall be a resident or property owner in a Historic District established in Methuen pursuant to the Historic Districts Act.
When the Commission is first established, two members and one alternate shall be appointed for one year, two members and one alternate shall be appointed for two years, and two members and one alternate shall be appointed for three years. The Mayor shall fill vacancies within 60 days by appointment for the unexpired term. In the case of absence, inability to act, or unwillingness to act because of self-interest as a member, the chairman shall designate an alternate member of the Commission to act for a specified time. All members shall serve without compensation, and, subject to available funding, shall be entitled for reimbursement of expenses incurred while attending to Commission business out of town. The expense limit shall be set by the normal budgetary process and requested though the budget of the Office of Economic and Community Development. The Commission shall elect annually a chairperson and vice-chairperson from its own number and a secretary from within or without its number.
All appointments to the Commission shall be confirmed by the City Council.
Additional membership suggestions: lawyer, professional historian, additional residents of the district, Planning Board Member, Conservation Commission Member, Tourism Committee or Commission Member, individuals interested in historic preservation.
Section 24-6. Duties and Power of the Commission
The Commission shall have all the powers and duties of Historic District Commissions as provided by the Historic Districts Act, General Laws, Chapter 40C, and of subsequent amendments thereto unless specifically limited by this ordinance.
(A) Rules and Regulations: the Commission shall adopt rules and regulations not inconsistent with the provisions of the Historic Districts Act.
(B) The Commission may, subject to appropriation and with the approval of the Mayor, employ clerical and technical assistants or consultants and incur other expenses appropriate to the carrying on of its work.
(C) The Commission may receive and accept appropriations, grants and gifts, including real estate and property, for the furthering of the purposes of this ordinance.
(D) General regulatory powers: the Commission shall have control over new construction, reconstructions, alterations, movements, and demolitions of all exterior architectural features of buildings and structures within the district which are visible from any public street, public way, public park, or public waterway within the district, except as limited by the ordinance. For purposes of this ordinance, any structure partially within the district shall be considered wholly within the district.
(E) Signs: the Commission shall approve the placement of permanent or temporary signs on or about any building or building site within the district. Note that all provisions of the Methuen Zoning Ordinance relating to signs must first be followed. The Commission's primary interest in reviewing signs is to pass on the appropriateness of their placement, design, size, color, and execution.
The Commission shall within its rules and regulations establish guidelines to review every sign for appropriateness in the context of its immediate environment. Signs erected or put into place prior to the effective date of the establishment of the district shall be exempt from the Commission's control; new signs to be erected as replacements for older ones after the establishment of the district shall be under the Commission's control and should conform to its guidelines.
(F) Considerations: in passing upon matters before it, the Commission shall consider, among other things, the historic and architectural significance of the site, building or structure, the general design arrangement of the features involved, and the relationship 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 building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the Commission may, in appropriate cases, impose dimensional and set-back requirements in addition to those required by the applicable zoning ordinance.
(G) 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 light fixtures, which will meet the requirements of the district but no such determination shall limit the right of the applicant to present other designs to the Commission for its approval.
Section 24-7. Limitations and Exemptions
(A) The Commission shall not make any recommendation or requirement with regard
to new construction, reconstruction or additions except for purpose of preventing
developments incongruous to the historic aspects of architectural characteristics
of the surroundings and of the district.
(B) The following are exempt from the control of the Commission:
1. Ordinary maintenance and repair of any exterior architectural feature if such repair and maintenance does not involve a fundamental change in design and materials
2. Any constructions, demolitions or alterations under a permit issued by the Building Inspector or similar agent prior to the effective date of the establishment of the district.
3. Any constructions, demolitions or alterations under orders issued by the Building Inspector or similar agent for the purpose of public safety.
4. Landscaping with plants, trees or shrubs.
5. Terraces, walks, sidewalks, and other similar structures not including driveways and parking lots provided that the structure is at grade level.
6. Storm doors and windows, screen doors and windows, air conditioners.
7. A reconstruction substantially similar in exterior design of the building, structure or exterior architectural feature damaged or destroyed by fire, storm, or other disaster providing that such reconstruction is begun within one year thereafter and carried forward with due diligence.
8. Traffic control devices necessary for public safety including, but not limited to, traffic signs and lights, guardrails and pedestrian crosswalks.
(A) Except as this ordinance provides in sections 6 and 7, no building or structure
within the district shall be constructed or altered in any way that affects
the exterior architectural features unless the Commission shall first have issued
a Certificate of Appropriateness, a Certificate of Non-Applicability or a Certificate
of Hardship with respect to such construction or alteration. Nor shall any building
permit for demolition be issued for any building or structure within the district
until the Commission has issued a certificate required by this section.
(B) The applicant shall file a copy of one application for a certificate with
the Building Inspector and one with the City Clerk. As many additional copies
as deemed appropriate by the Rules and Regulations of the Commission shall be
filed with the Commission. Applications shall be in the form specified by the
Commission, to include plans and elevations signed by an architect or draftsperson,
drawn to scale detailed enough to show architectural design of the structure
and its relationship to existing buildings or structures, and other materials
deemed necessary by the Commission. Plot and site plans should be filed when
applications for certificates are made for improvements affecting appearances
of walls, fences, steps, and paving. In the case of demolition or removal, the
application must include a statement of the proposed condition and appearance
of the property thereafter. The Commission may charge an applicant a filing
fee, at a rate it sets, for an application for a certificate it issues.
(C) Within 14 days of the filing of an application for certificate, the Commission
shall determine whether the application involves any exterior architectural
features, which are subject to the approval of the Commission.
(D) If the application requires the Commission's review, or at the request of
the applicant, the Commission shall hold a public hearing, unless waived according
to the provisions of the General Laws, Chapter 40C amended. Public notice of
the time, place and purpose of the hearing shall be given at least 14 days in
advance and the Commission must notify by mail affected parties as provided
in the General Laws, Chapter 40C amended.
(E) The Commission shall decide upon the determination of any application within
60 days of its filing or within such further time as the applicant may allow
in writing.
(F) A Certificate of Appropriateness shall be issued to the applicant if the
Commission determines that the proposed construction or alteration will be appropriate
or compatible with the preservation or protection of the district. In the case
of a disapproval of an application for a Certificate of Appropriateness, the
Commission shall place upon its records the reasons for such determination and
shall forthwith cause a notice of its determination, accompanied by a copy of
the reasons therefore as set forth in the records of the Commission, to be issued
to the applicant, and the Commission may make recommendations to the applicant
with respect to appropriateness of design. Prior to the issuance of any disapproval,
the Commission may notify the applicant of its proposed action, accompanied
by recommendations of changes in the applicant's proposal, which, if made, would
make the application acceptable to the Commission. If within 14 days of receipt
of such notice, the applicant files written modification of his application
in conformity with the recommended changes of the Commission, the Commission
shall issue a Certificate of Appropriateness to the applicant.
(G) Upon request, the Commission may issue a Certificate of Non-Applicability
to any applicant whose request does not require Commission approval.
(H) If an application is deemed inappropriate or if application is made for
a Certificate of Hardship, the Commission may issue a Certificate of Hardship
if conditions especially affecting the building or structure involved, but not
affecting the district generally, would make failure to approve an application
involve a substantial hardship, financial or otherwise, to the applicant, and
approval would not involve a substantial detriment to the public welfare.
(I) A Certificate of Hardship shall also be issued in the event that the Commission
does not make a determination on an application within the time specified in
section 8E of this Ordinance
(J) Each certificate shall be dated and signed and the Commission shall keep
a permanent record of its determinations and of the vote of each member participating
therein, and shall file a copy or notice of certificates and determinations
of disapproval with the City Clerk and Building Inspector.
(K) Any "person aggrieved" may, within 20 days of the decision by
the Commission, appeal to a superior court sitting in equity. The Commission
must pay costs only if it appears to the court that the Commission has acted
with gross negligence, bad faith or malice.
(L) Should a property owner cause, suffer or permit the alteration or act in
a fashion which appears to give the impression that he will so alter the structure,
without a Certificate of Appropriateness or Hardship, the Commission may fine
the owner not less then ten dollars nor more than five hundred dollars, each
day constituting a separate offense and the Commission may commence an appropriate
court action to prohibit such alteration.
The City of Methuen shall be subject to the provisions of this ordinance notwithstanding any city ordinance to the contrary.
This ordinance may be amended from time to time by a two-thirds vote of the City Council subject to the procedure as set forth in the General Laws, Chapter 40C, and Section 3.
Section 24-11. Cases of Invalidity/Unconstitutionality
In case any section, paragraph or part of this ordinance 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.
Section 24-12. Clarification of Position
It is recognized in this report that the Secretary of State's Office has taken the position that Ordinance #652 did not validly repeal Chapters 24 and 24A of the Methuen Municipal Code. This report and any record enacted hereunder is not intended to in any way impact the determination and decision of the Secretary of State and the Massachusetts Historical Commission on this issue.
Section 24-13. Requests for Review
Any person aggrieved by a determination of the Commission may, within twenty days after the filing of the notice of such determination with the City Clerk, file a written request with the Commission for a review by a person or persons of competence and experience in such matters, designated by the Merrimack Valley Planning Commission.
The finding of the person or persons making such review shall be filed with the City Clerk within forty-five days after the request, and shall be binding on the applicant and the Commission, unless a further appeal is sought in the Superior Court as provided in Chapter 40C, section twelve A.
(Ord. # 714, eff. May 17, 2001)