[MassHistPres] Local Historic Districts-Description and Case Studies

[Chris Skelly]

LOCAL HISTORIC DISTRICTS - FOR UPDATE OF PRESERVATION THROUGH BYLAWS AND
ORDINANCES GUIDEBOOK
I would appreciate your review and comments on the one page definition
we have prepared.  In addition, I am looking for case studies to include
in our guidebook where a local historic district helped to protect a
significant historic resource.  Thanks for your assistance.  Chris.
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What is a Local Historic District?
A Local Historic District is one of the most effective regulatory tools
to protect historic buildings and their settings. In a Local Historic
District, specified changes to exterior architectural features that are
visible from a public way are reviewed by a locally appointed Historic
District Commission.  Local Historic District protection enables a
community to review and approve only appropriate alterations,
demolitions, and new construction.  

How is it adopted?
Some Local Historic Districts are created by special legislation, but
the vast majority is adopted pursuant to Mass. Gen. Laws, Ch. 40C.
According to Ch. 40C, the first step is to have your Selectmen or City
Council appoint a Local Historic District Study Committee.   The Study
Committee is responsible for conducting an investigation of establishing
a Local Historic District, developing a report of its findings and
recommendations, and conducting a public hearing on the proposal.  The
proposed Local Historic District Bylaw is then submitted to Town Meeting
or City Council.  Although Local Historic District Bylaws are general
bylaws, they require a 2/3 majority for approval.  A more complete
description of the steps involved in establishing a Local Historic
District can be found in the Establishing Local Historic Districts
guidebook available from the Massachusetts Historical Commission.

How does it work?
Once established, the Selectmen or City Council appoint members to a
Historic District Commission to commence the review process.  Most
exterior alterations to buildings and structures visible from the public
way are subject to review and approval by the historic district
commission.  The Historic District Commission reviews alterations such
as new siding or windows, additions and new construction, all of which
can impact the character and integrity of a local historic district.  A
variety of exterior features are often excluded from review such as air
conditioning units, storm doors, storm windows, paint color and
temporary structures.  The decision on which features are excluded
depends on how the local bylaw is written.  The review process is
usually triggered by an application for a building permit, although
other items that do not require building permits may be subject to
historic district review such as fences. 

An owner or designee submits an application for review to the Historic
District Commission, which holds a duly-noticed public hearing.  At the
hearing, the Commission reviews the application and can approve the
proposed work with or without conditions or deny the application.  Many
Historic District Commissions have prepared Design Review Guidelines
that provide clarity and uniformity to commissioners and applicants, and
the MHC strongly recommends that all districts prepare such guidelines.


There is a big difference between a Local Historic District and a
National Register District.  For a description of the National Register,
see the section entitled "Other Techniques for Preservation" in this
guidebook or visit the MHC website for a brochure entitled, "There's a
Difference."  
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PRESERVATION THROUGH BYLAWS AND ORDINANCES
The Massachusetts Historical Commission is updating our guidebook
entitled "Preservation through Bylaws and Ordinances - Tools and
Techniques for Historic Preservation Used by Municipalities in
Massachusetts."  This guidebook contains descriptions on the variety of
local bylaws and ordinances currently in use in Massachusetts for
protecting historic resources and community character.  The guidebook
describes how each bylaw functions, includes a list of municipalities
that have passed each bylaw and summarizes success stories from around
the state.  Originally prepared in 1998, the guidebook has been
incrementally revised since then.  The current version of the guidebook
can be viewed online at http://commpres.env.state.ma.us/content/ptbo.asp

With assistance from a consultant team, the guidebook is undergoing
substantial revisions.  These include revising the bylaw descriptions,
researching new case study success stories and updating the list of
cities and towns with each bylaw.  

Each bylaw will have the following:
The first page will be a bylaw description summary that can fit on one
page.  The next two pages will include case study success stories with
text and photographs.  The fourth and last page will be the list of
municipalities with each bylaw.  

The draft list of bylaws to include in the guidebook is below:  
Accessory Apartment Use
Affirmative Maintenance Bylaws
Archaeological Protection
Architectural Conservation Districts
Community Preservation Act
Demolition Delay
Design Review
Down Zoning
Downtown Revitalization
Flexible Zoning
Local Historic Districts
Open Space Residential Development
Phased Growth
Planned Unit Development
Right-to-Farm
Scenic Overlay
Scenic Roads
Site Plan Review
Transfer of Development Rights
Transportation Corridor Overlay
Upper Elevation Protection
Up Zoning
Village Center Zoning

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
220 Morrissey Boulevard, Boston, MA 02125
Ph: (617) 727-8470 / Fax: (617) 727-5128
Christopher.Skelly at state.ma.us
http://www.sec.state.ma.us/mhc/mhcidx.htm
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