[MassHistPres] Zoning changes with in an Historic District adoptedwithout prior review by Commission

[Chris Skelly]

>
> Nancy, see MGL Chapter 40C-Section 7 below.  I put the relevant text in
> red.
>
> Although outside the purview of a local historic district commission,
> additional housing density, walkability and mixed uses sound like positives
> for your village.  Does your Master Plan cover this topic and how to
> incorporate additional density while at the same time
> preserving significant historic resources?
>
> *Chris Skelly*
> *Skelly Preservation Services*
> Community Planning and Preservation
> www.skellypreservationservices.com
> ccskelly12 at gmail.com
>
> *Massachusetts Historic Districts Act – unofficial for searching purposes
> – consult M.G.L. 40C*
>
> *Chapter 40C: Section 1. Citation.*
>
> Section 1. This chapter shall be known and may be cited as the Historic
> Districts Act.
>
> *Chapter 40C: Section 2. Purpose.*
>
> Section 2. 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 commonwealth and its cities
> and towns or their architecture, and through the maintenance and
> improvement of settings for such buildings and places and the encouragement
> of design compatible therewith.
>
> *Chapter 40C: Section 3. Establishment of historic districts;
> pre-requisites; enlargement or reduction of boundaries; amendment of
> creating ordinance; filing of maps.*
>
> Section 3. A city or town may, by ordinance or by-law adopted by
> two-thirds vote of the city council in a city or by a two-thirds vote of a
> town meeting in a town, establish historic districts subject to the
> following provisions:-- Prior to the establishment of any historic district
> in a city or town an investigation and report on the historical and
> architectural significance of the buildings, structures or sites to be
> included in the proposed historic district or districts shall be made by an
> historic district study committee or by an historic district commission, as
> provided in this section and in section four, who shall transmit copies of
> the report to the planning board, if any, of the city or town, and to the
> Massachusetts historical commission for their respective consideration and
> recommendations. The buildings, structures or sites to be included in the
> proposed historic district may consist of one or more parcels or lots of
> land, or one or more buildings or structures on one or more parcels or lots
> of land. The Massachusetts historical commission may consult with the
> executive director of the Massachusetts office of business development, the
> secretary of communities and development and the commissioner of
> environmental management with respect to such reports, and may make
> guidelines for such reports, and, after public hearing, establish rules as
> to their form and manner of transmission. Not less than sixty days after
> such transmittal the study committee shall hold a public hearing on the
> report after due notice given at least fourteen days prior to the date
> thereof, which shall include a written notice mailed postage prepaid, to
> the owners as they appear on the most recent real estate tax list of the
> board of assessors of all properties to be included in such district or
> districts. The committee shall submit a final report with its
> recommendations, a map of the proposed district or districts and a draft of
> a proposed ordinance or by-law, to the city council or town meeting.
>
> An historic district may be enlarged or reduced or an additional historic
> district in a city or town created in the manner provided for creation of
> the initial district, except that (a) in the case of the enlargement or
> reduction of an existing historic district the investigation, report and
> hearing shall be by the historic district commission having jurisdiction
> over such historic district instead of by a study committee; (b) in the
> case of creation of an additional historic district the investigation,
> report and hearing shall be by the historic district commission of the city
> or town, or by the historic district commissions acting jointly if there be
> more than one, instead of by a study committee unless the commission or
> commissions recommend otherwise; and (c) if the district is to be reduced
> written notice as above provided of the commission's hearing on the
> proposal shall be given to said owners of each property in the district.
>
> Any ordinance or by-law creating an historic district may, from time to
> time, be amended in any manner not inconsistent with the provisions of this
> chapter by a two-thirds vote of the city council in a city or by a
> two-thirds vote of a town meeting in a town, provided that the substance of
> such amendment has first been submitted to the historic district commission
> having jurisdiction over such district for its recommendation and its
> recommendation has been received or sixty days have elapsed without such
> recommendation.
>
> No ordinance or by-law creating an historic district, or changing the
> boundaries of an historic district, shall become effective until a map or
> maps setting forth the boundaries of the historic district, or the change
> in the boundaries thereof, has been filed with the city clerk or town clerk
> and has been recorded in the registry of deeds for the county or district
> in which the city or town is located, and the provisions of section
> thirteen A of chapter thirty-six shall not apply.
>
> *Chapter 40C: Section 4. Study committees; commissions; establishment;
> membership; terms; vacancies; compensation; officers.*
>
> Section 4. An historic district study committee may be established in any
> city or town by vote of the city council or board of selectmen for the
> purpose of making an investigation of the desirability of establishing an
> historic district or districts therein. The study committee shall consist
> of not less than three nor more than seven members appointed in a city by
> the mayor, subject to confirmation by the city council, or in a town by the
> board of selectmen, including one member from two nominees submitted by the
> local historical society or, in the absence thereof, by the Society for the
> Preservation of New England Antiquities, one member from two nominees
> submitted by the chapter of the American Institute of Architects covering
> the area, and one member from two nominees of the board of realtors, if
> any, covering the area. If within thirty days after submission of a written
> request for nominees to any of the organizations herein named no such
> nominations have been made the appointing body may proceed to appoint the
> study committee without nominations by such organization.
>
> Whenever an historic district is established as provided in section three
> an historic district commission shall be established which shall consist of
> not less than three nor more than seven members. An historic district
> commission shall be appointed in a city by the mayor, subject to
> confirmation by the city council, or in a town by the board of selectmen,
> in the same manner as an historic district study committee unless (a) the
> report recommending its establishment recommends alternate or additional
> organizations to submit nominees for membership and states reasons why such
> alternate or additional organizations would be appropriate or more
> appropriate for the particular city or town, the Massachusetts historical
> commission does not recommend otherwise prior to the public hearing on the
> establishment of the district, and the ordinance or by-law so provides; or
> (b) there is an existing historic district commission in the city or town
> which the report recommends should administer the new district, and the
> ordinance or by-law so provides. Unless the report recommends otherwise on
> account of the small number of residents or individual property owners, and
> the ordinance or by-law so provides, the members of the historic district
> commission shall include one or more residents of or owners of property in
> an historic district to be administered by the commission. If within thirty
> days after submission of a written request for nominees to an organization
> entitled to submit nominations for membership on the commission no such
> nominations have been made the appointing body may proceed to make the
> appointment to the commission without nomination by such organization. The
> appointments to membership in the commission shall be so arranged that the
> term of at least one member will expire each year, and their successors
> shall be appointed in the same manner as the original appointment for terms
> of three years. Vacancies shall be filled in the same manner as the
> original appointment for the unexpired term. Ordinances or by-laws adopted
> hereunder may provide for the appointment of alternate members not
> exceeding in number the principal members who need not be from nominees of
> organizations entitled to nominate members. In case of the absence,
> inability to act or unwillingness to act because of self-interest on the
> part of a member of the commission, his place shall be taken by an
> alternate member designated by the chairman. Each member and alternate
> shall continue in office after the expiration of his term until his
> successor is duly appointed and qualified. All members shall serve without
> compensation. The commission shall elect annually a chairman and
> vice-chairman from its own number and a secretary from within or without
> its number.
>
> *Chapter 40C: Section 5. Definitions.*
>
> Section 5. 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, terrace, walk or driveway.
>
> *Chapter 40C: Section 6. Certificates of appropriateness,
> non-applicability or hardship; necessity; applications and plans, etc.;
> building and demolition permits restricted.*
>
> Section 6. Except as the ordinance or by-law may otherwise provide in
> accordance with section eight or said section eight or nine, 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
> non-applicability or a certificate of hardship with respect to such
> construction or alteration.
>
> 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 non-applicability 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.
>
> 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 by a city or town or
> any department thereof until the certificate required by this section has
> been issued by the commission.
>
> *Chapter 40C: Section 7. Factors to be considered by commission.*
>
> Section 7. 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 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 applicable ordinance or by-law. When ruling
> on applications for certificates of appropriateness for solar energy
> systems, as defined in section one A of chapter forty A, the commission
> shall also consider the policy of the commonwealth to encourage the use of
> solar energy systems and to protect solar access. The commission shall not
> consider interior arrangements or architectural features not subject to
> public view.
>
> The commission shall not make any recommendation or requirement except for
> the purpose of preventing developments incongruous to the historic aspects
> or the architectural characteristics of the surroundings and of the
> historic district.
>
> *Chapter 40C: Section 8. Review authority of commission over certain
> categories of buildings, structures or exterior architectural features
> limited; authorization.*
>
> Section 8. (a) Any city or town may provide in the ordinance or by-law
> establishing a district or in any amendment thereof that the authority of
> the commission shall not extend to the review of one or more of the
> following categories of buildings or structures or exterior architectural
> features in the historic district, and, in this event, the buildings or
> structures or exterior architectural features so excluded may be
> constructed or altered within the historic district without review by the
> commission:
>
> (1) Temporary structures or signs, subject, however, to such conditions as
> to duration of use, location, lighting, removal and similar matters as the
> commission may reasonably specify.
>
> (2) Terraces, walks, driveways, sidewalks and similar structures, or any
> one or more of them, provided that any such structure is substantially at
> grade level.
>
> (3) Walls and fences, or either of them.
>
> (4) Storm doors and windows, screens, window air conditioners, lighting
> fixtures, antennae and similar appurtenances, or any one or more of them.
>
> (5) The color of paint.
>
> (6) The color of materials used on roofs.
>
> (7) Signs of not more than one square foot in area in connection with use
> of a residence for a customary home occupation or for professional
> purposes, provided only one such sign is displayed in connection with each
> residence and if illuminated is illuminated only indirectly; and one sign
> in connection with the nonresidential use of each building or structure
> which is not more than twelve square feet in area, consist of letters
> painted on wood without symbol or trademark and if illuminated is
> illuminated only indirectly; or either of them.
>
> (8) The reconstruction, substantially similar in exterior design, of a
> building, structure or exterior architectural feature damaged or destroyed
> by fire, storm or other disaster, provided such reconstruction is begun
> within one year thereafter and carried forward with due diligence.
>
> (b) A commission may determine from time to time after public hearing that
> certain categories of exterior architectural features, colors, structures
> or signs, including, without limitation, any of those enumerated under
> paragraph (a), if the provisions of the ordinance or by-law do not limit
> the authority of the commission with respect thereto, may be constructed or
> altered without review by the commission without causing substantial
> derogation from the intent and purposes of this chapter.
>
> (c) A city or town may provide in its ordinance or by-law, or in any
> amendment thereof, that the authority of the commission shall be limited to
> exterior architectural features within a district which are subject to view
> from one or more designated public streets, public ways, public parks or
> public bodies of water, although other portions of buildings or structures
> within the district may be otherwise subject to public view, and, in the
> absence of such provision of the ordinance or by-law, a commission may
> determine from time to time after public hearing that the authority of the
> commission may be so limited without substantial derogation from the intent
> and purposes of this chapter.
>
> (d) Upon request the commission shall issue a certificate of
> nonapplicability with respect to construction or alteration in any category
> then not subject to review by the commission in accordance with the
> provisions of paragraph (a), (b) or (c).
>
> *Chapter 40C: Section 9. Maintenance and repair, etc.*
>
> Section 9. 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, color or the outward appearance thereof, nor to prevent
> landscaping with plants, trees or shrubs, nor construed to prevent the
> meeting of requirements certified by a duly authorized public officer to be
> necessary for public safety because of an unsafe or dangerous condition,
> nor construed to prevent any construction or alteration under a permit duly
> issued prior to the effective date of the applicable historic district
> ordinance or by-law.
>
> *Chapter 40C: Section 10. Additional powers, functions and duties of
> commission.*
>
> Section 10. The commission shall have the following additional powers,
> functions and duties:-- (a) If the commission determines that the
> construction or alteration for which an application for a certificate of
> appropriateness has been filed will be appropriate for or compatible with
> the preservation or protection of the historic district, the commission
> shall cause a certificate of appropriateness to be issued to the applicant.
> 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 therefor 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, arrangement, texture, material and similar features. 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 fourteen days of the receipt of such a notice
> the applicant files a written modification of his application in conformity
> with the recommended changes of the commission, the commission shall cause
> a certificate of appropriateness to be issued to the applicant.
>
> (b) In the case of a determination by the commission that an application
> for a certificate of appropriateness or for a certificate of
> nonapplicability does not involve any exterior architectural feature, or
> involves an exterior architectural feature which is not then subject to
> review by the commission in accordance with the provisions of section
> eight, the commission shall cause a certificate of nonapplicability to be
> issued to the applicant.
>
> (c) If the construction or alteration for which an application for a
> certificate of appropriateness has been filed shall be determined to be
> inappropriate, or in the event of an application for a certificate of
> hardship, the commission shall determine whether, owing to conditions
> especially affecting the building or structure involved, but not affecting
> the historic district generally, failure to approve an application will
> involve a substantial hardship, financial or otherwise, to the applicant
> and whether such application may be approved without substantial detriment
> to the public welfare and without substantial derogation from the intent
> and purposes of this chapter. If the commission determines that owing to
> such conditions failure to approve an application will involve substantial
> hardship to the applicant and approval thereof may be made without such
> substantial detriment or derogation, or in the event of failure to make a
> determination on an application within the time specified in section
> eleven, the commission shall cause a certificate of hardship to be issued
> to the applicant.
>
> (d) Each certificate issued by the commission shall be dated and signed by
> its chairman, vice-chairman, secretary or such other person designated by
> the commission to sign such certificates on its behalf.
>
> (e) The commission shall keep a permanent record of its resolutions,
> transactions, and determinations and of the vote of each member
> participating therein, and may adopt and amend such rules and regulations
> not inconsistent with the provisions of this act and prescribe such forms
> as it shall deem desirable and necessary for the regulation of its affairs
> and the conduct of its business. The commission shall file a copy of any
> such rules and regulations with the city or town clerk.
>
> (f) The commission shall file with the city or town clerk and with any
> department of the city or town having authority to issue building permits a
> copy or notice of all certificates and determinations of disapproval issued
> by it.
>
> (g) A commission may after public hearing set forth in such manner as it
> may determine the various designs of certain appurtenances, such as light
> fixtures, which will meet the requirements of an historic district and a
> roster of certain colors of paint and roofing materials which will meet the
> requirements of an historic district, but no such determination shall limit
> the right of an applicant to present other designs or colors to the
> commission for its approval.
>
> (h) The commission may, subject to appropriation, employ clerical and
> technical assistants or consultants and incur other expenses appropriate to
> the carrying on of its work, and may accept money gifts and expend the same
> for such purposes. The commission may administer on behalf of the city or
> town any properties or easements, restrictions or other interests in real
> property which the city or town may have or may accept as gifts or
> otherwise and which the city or town may designate the commission as the
> administrator thereof.
>
> (i) The commission shall have, in addition to the powers, authority and
> duties granted to it by this act, such other powers, authority and duties
> as may be delegated or assigned to it from time to time by vote of the city
> council or town meeting.
>
> *Chapter 40C: Section 11. Approval or disapproval of exterior
> architectural features by commission; meetings; applications for
> certificates; public hearings; notices.*
>
> Section 11. Meetings of a commission shall be held at the call of the
> chairman and shall be called at the request of two members of the
> commission and in such other manner as the commission shall determine in
> its rules. A majority of the members of a commission shall constitute a
> quorum. The concurring vote of a majority of the members of the commission
> shall be necessary to issue a certificate of appropriateness, a certificate
> of non-applicability or a certificate of hardship.
>
> A commission shall determine promptly, and in all events within fourteen
> days after the filing of an application for a certificate of
> appropriateness, a certificate of non-applicability or a certificate of
> hardship, as the case may be, whether the application involves any exterior
> architectural features which are subject to approval by the commission. If
> a 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 fourteen 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 of the city or town, 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
> sixty days after the filing of the application, or such lesser period as
> the ordinance or by-law may provide, or within such further time as the
> applicant may allow in writing, the commission shall make a determination
> on the application. If the commission shall fail to make a determination
> within such period of time the commission shall thereupon 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. In addition, 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 historic 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 ten days shall elapse after the mailing of such
> notice before the commission may act upon such application.
>
> *Chapter 40C: Section 12. Review procedure provided by local ordinance or
> by-law.*
>
> Section 12. A city or town may provide in its ordinance or by-law or in
> any amendment thereof, for a review procedure whereby 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 or town 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
> regional planning agency of which the city or town is a member. If the city
> or town is not a member of a regional planning agency, the department of
> community affairs shall select the appropriate regional planning agency.
>
> The finding of the person or persons making such review shall be filed
> with the city or town 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 section twelve A.
>
> *Chapter 40C: Section 12A. Appeal to superior court.*
>
> Section 12A. Any person aggrieved by a determination of the commission, or
> by the finding of a person or persons making a review, if the provisions of
> section twelve are included in a local ordinance or by-law, may, within
> twenty days after the filing of the notice of such determination or such
> finding with the city or town clerk, appeal to the superior court sitting
> in equity for the county in which the city or town is situated. The court
> shall hear all pertinent evidence and shall annul the determination of the
> commission if it finds the decision of the commission to be unsupported by
> the evidence or to exceed the authority of the commission, or may remand
> the case for further action by the commission or make such other decree as
> justice and equity may require. The remedy provided by this section shall
> be exclusive but the parties shall have all rights of appeal and exception
> as in other equity cases. Costs shall not be allowed against the commission
> unless it shall appear to the court that the commission acted with gross
> negligence, in bad faith or with malice in the matter from which the appeal
> was taken. Costs shall not be allowed against the party appealing from such
> determination of the commission unless it shall appear to the court that
> such party acted in bad faith or with malice in making the appeal to the
> court.
>
> *Chapter 40C: Section 13. Jurisdiction of superior court; penalty.*
>
> Section 13. The superior court sitting in equity for the county in which
> the city or town is situated shall have jurisdiction to enforce the
> provisions of this chapter and any ordinance or by-law enacted hereunder
> and the determinations, rulings and regulations issued pursuant thereto and
> may, upon the petition of the mayor or of the board of selectmen or of the
> commission, restrain by injunction violations thereof; and, without
> limitation, such court may order the removal of any building, structure or
> exterior architectural feature constructed in violation thereof, or the
> substantial restoration of any building, structure or exterior
> architectural feature altered or demolished in violation thereof, and may
> issue such other orders for relief as may be equitable.
>
> Whoever violates any of the provisions of this chapter shall be punished
> by a fine of not less than ten dollars nor more than five hundred dollars.
> Each day during any portion of which a violation continues to exist shall
> constitute a separate offense.
>
> *Chapter 40C: Section 14. Powers and duties of commissions established
> hereunder as historical commissions.*
>
> Section 14. If the city council or town meeting so votes a commission
> established hereunder shall have the powers and duties of an historical
> commission as provided in section eight D of chapter forty and, in this
> event, a commission may be entitled an historical commission.
>
> *Chapter 40C: Section 15. Filing of ordinances, maps, reports, etc.*
>
> Section 15. All ordinance or by-laws creating an historic district adopted
> by a city or town under authority of this chapter and under authority of
> any special law, unless the special law shall otherwise provide, amendments
> thereto, maps of historic districts created thereunder, and annual reports
> and other publications of commissions, and rosters of membership therein,
> shall be filed with the Massachusetts historical commission.
>
> *Chapter 40C: Section 16. Special historic districts; acceptance and
> effect of this chapter.*
>
> Section 16. A city or town in which there is located an historic district
> established under a special law may, upon recommendation of the historic
> district commission having jurisdiction over such district, accept the
> provisions of this chapter with respect to such district by a two-thirds
> vote of the city council in a city or by two-thirds vote of a town meeting
> in a town, and thereafter such historic district shall be subject to the
> provisions of this chapter notwithstanding the terms of any special act
> pursuant to which such historic district was created. The provisions of
> this chapter shall not impair the validity of an historic district
> established under any special act.
>
> *Chapter 40C: Section 17. Severability.*
>
> Section 17. The provisions of this chapter shall be deemed to be severable
> if any of its provisions shall be held to be invalid or unconstitutional by
> any court of competent jurisdiction the remaining provisions shall continue
> in full force and effect.
>
>
>
> On Sat, Apr 26, 2025 at 11:46 AM Ralph Slate via MassHistPres <
> masshistpres at cs.umb.edu> wrote:
>
>> Hi Nancy, local historic districts would take precedence over zoning. Any
>> construction or change has to be appropriate for the district, and it is
>> not a reasonable argument to say that a property must be changed in an
>> inappropriate way to make any legal use economically possible.  It is not a
>> hardship to be prevented from changing the use of  your property, even if
>> that use is permissible under zoning.
>>
>> Ralph Slate
>> Springfield, MA
>>
>>
>>
>> Sent via BlackBerry Hub+ Inbox for Android
>>
>>
>>           Original Message
>>
>>
>> From: masshistpres at cs.umb.edu
>> Sent: April 25, 2025 8:05 AM
>> To: masshistpres at cs.umb.edu
>> Subject: [MassHistPres] Zoning changes with in an Historic District
>> adoptedwithout prior review by Commission
>>
>>
>> Hello to all,
>>
>> During Covid our small town of Norton changed the previous zoning
>> requirements within the Historic  District and never notified the HDC about
>> the initiative. 100 town’s people attended the meeting in the football
>> stadium and voted this new zoning, VCC, Village Core Center, in. The major
>> difference is the VCC zoning is allowing commercial/retail buildings to be
>> built on the ground level and residential space above with a max height of
>> 4 stories. The concept of VCC is to help modify the town center into a
>> shopping  destination that is walkable and more “village-like”. For
>> perspective, there is no “downtown “ in Norton. The center is a beautiful
>> Common surrounded by historic houses, church and Wheatons Presidents house
>> which is outstanding. As you drive away from the center then a CVS and Ace
>> pops up.
>>
>> The main point of my message is if any other Historic District
>> Commissions have experienced a similar situation where zoning bylaws were
>> changed within a Historic District  but without review or consent from the
>> Commission?  Thanks
>>
>> Best,
>>
>> Nancy
>> Nancy Robbins Federici
>> C. (508) 958-5165
>>
>> We hire smart people not to tell them what to do but for them to tell us.
>>                                  Steve Jobs
>>
>>
>>
>>
>>
>>
>> _______________________________________________
>> MassHistPres mailing list
>> MassHistPres at cs.umb.edu
>> https://mailman.cs.umb.edu/listinfo/masshistpres
>> _______________________________________________
>> MassHistPres mailing list
>> MassHistPres at cs.umb.edu
>> https://mailman.cs.umb.edu/listinfo/masshistpres
>>
>
>
> --
>
>
>
>

-- 
*Chris Skelly*
*Skelly Preservation Services*
Community Planning and Preservation
22 William Street, Shelburne Falls, MA 01370
www.skellypreservationservices.com
ccskelly12 at gmail.com
413-834-0678
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