[MassHistPres] Architectural Conservation Districts-Description and Case Studies

[Chris Skelly]

ARCHITECTURAL CONSERVATION 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 an architectural conservation district helped to
protect a significant historic resource.  (Currently, architectural
conservation districts in Massachusetts can be found in Lowell,
Cambridge, Northampton and Boston) Thanks for your assistance.  Chris.
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What is an Architectural Conservation District?
An Architectural Conservation District (ACD) is a district in which
major additions, major alterations, demolitions and new construction are
reviewed and require approval before work can progress.  An
Architectural Conservation District bylaw protects the overall character
of the neighborhood by regulating the demolition and major alteration of
buildings and making sure new construction respects the scale, massing,
setback and materials of the historic buildings.  This type of district
is recommended as an alternative to a Local Historic District for a
large area where changes have occurred, but where maintenance of the
overall scale and massing will preserve neighborhood character, and
where local historic district requirements would be considered too
restrictive.    

How is it adopted?
An Architectural Conservation District Bylaw typically is a general
bylaw that requires a simple majority vote of Town Meeting or City
Council.  At present there is no state legislation and is, therefore,
adopted pursuant to Home Rule authority.  It is typically initiated by
the Local Historical Commission or a neighborhood group interested in
preserving its neighborhood historical and architectural context.  A
study committee prepares an Architectural Conservation District Study
Report that includes the reasons for proposing an architectural
conservation district, public input, descriptions of historic resources
in the area, an explanation of how the architectural conservation
district would work, design guidelines, a map of the proposed district,
a list of the properties included in the district and the bylaw.  

How does it work?
The bylaw or ordinance establishing an architectural conservation
district seeks to encourage the protection of the built environment and
its setting through a combination of binding and non-binding regulatory
review.  The majority of proposed changes to exterior architectural
features in an architectural conservation district are generally either
exempt from review or subject to non-binding advisory review.  Only
major alterations, additions, demolitions and new construction that
exceed a certain percentage and are visible from the public way receive
a binding regulatory review. 

Architectural conservation district reviews are triggered by an
application for a building (or demolition) permit.  If a project does
not require a building (or demolition) permit, then the project is
exempt.   

An Architectural Conservation District (ACD) is best administered by an
Architectural Conservation District Commission.  The District Commission
should include architects, contractors or trained building designers
genuinely interested in protecting the unique character of the district.
In addition, property owners and residents of the district should be
members of the District Commission.   In administering an ACD, the
Commission determines whether mandatory or advisory review is required,
holds a public hearing that has been properly noticed, and issues a
decision on the compatibility of the proposed project.
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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 Design
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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