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Review Standards of the
Chelmsford Historic District Commission

CONTENTS

1. PURPOSES

2. EXISTING STRUCTURES

  2.1 Removal of Structures

    2.10 Demolition

    2.11 Relocation

  2.2 Maintenance

  2.3 Changes to Structures

    2.30 General Participation

      2.301 Historic Architectural Character

      2.302 Commercial Streets

      2.303 Residential Buildings

    2.31 Historic Materials and Colors (Advisory)

      2.311 Masonry

      2.312 Wood

      2.313 Metals

      2.314 Colors

      2.315 Other

    2.32 Major Building Elements

      2.321 Storefronts

      2.322 Doors and Entries

      2.323 Windows

      2.324 Roofs

      2.325 Industrial Hardware

      2.326 Mechanical Equipment

3.NEW CONSTRUCTION

  3.1 General Principles

  3.2 Infill Structures

    3.20 Definition

4. SIGNAGE

  4.1 General

  4.2 Location and Size of Signs

  4.3 Messages and Lettering Signs

  4.4 Color

  4.5 Materials and Illumination

  4.6 Other Stylistic Points

5. OTHER DEVELOPMENT

  5.1 Pedestrian Amenities

  5.2 Streetscape

    5.20 Paving and Planting

    5.21 Street Furniture

    5.22 Lights, Signs, and Traffic signals

  5.3 Transportation Facilities

    5.30 Parking

  5.4 Open Space

    5.40 Parks

  5.5 Fencing and Screening

    5.50 Fencing

    5.51 Screening

6. CERTIFICATES OF HARDSHIP

  6.1 Exceptions

  6.2 Waivers

APPENDIX: DETERMINATION OF HARDSHIP

 

1. PURPOSES

1.1 The purpose of the Standards is to guide rehabilitation and construction in the historic districts in the Town of Chelmsford in order to preserve and protect the distinctive characteristics of buildings and places significant in the history and architectural heritage of the town through the maintenance and improvement of settings for such buildings and places, through the encouragement of design compatible therewith, and through the prevention of development which would impair or be unduly detrimental to the locally or nationally significant structures of the districts.

1.2 The goal is to minimize reliance on the individual tastes and preferences of those who happen to be awarding permits and instead set up clear rules that everyone will understand.

2. EXISTING STRUCTURES

2.1 Removal of Structures

2.10 Demolition

2.101. There shall be a presumption toward retaining all existing historic buildings.

2.102. Demolition shall be allowed only when the new construction relates better to the Historic District than it does the existing building, and when all the other requirements below are satisfied.

2.1021. A prerequisite for demolition shall be an application for Certificate of Hardship, which shall contain a financial report detailing the costs of rehabilitation and evidencing that the existing building is incapable of producing a reasonable economic return on the investment. The maximum rate of return, which is theoretically possible on the land, with new buildings, shall not constitute such evidence, if the existing buildings can generate a reasonable return.

2.1022 If an applicant's request for permission to demolish a structure or part of a structure is based upon structural instability or advanced deterioration, a technical report prepared by an architect or professional engineer registered in Massachusetts and approved by the Commission shall be submitted, detailing the nature and extent of the specific problems, and providing reasonably accurate cost estimates for their correction.

2.1023 Applications for permission to demolish existing structures shall be accompanied by complete plans for the new development proposed on the site, together with a timetable and a budget for both the demolition and the reconstruction, as well as satisfactory evidence that adequate financing is available.

2.1024 A standard condition of approval for demolition shall be the documentation of the building's elevations, including details of specific notable architectural features (windows, doors, cornices, etc.), through measured drawings and photographs. Such data shall be provided according to the procedures established by the Historic American Building Survey.

2.11 Relocation

2.111 Buildings shall be retained on their present sites. Relocation shall be considered only as an alternative to demolition. Standards 2.1021,

2.1023, and 2.1024 above shall apply.

2.112 Building shall be relocated preferably within the District or to sites where they would be compatible with the architectural, cultural, and landscape surroundings.

2.2 Maintenance

2.20 Owners of all buildings should provide sufficient maintenance to keep such buildings from falling into a state of poor repair.

2.21 Owners shall therefore be responsible for providing maintenance necessary to prevent the deterioration of the following items, which could cause either an unsafe condition or a detrimental effect upon the character of the Historic District or which could lead to a later claim that deterioration has become so advanced that demolition or removal of the architectural features is necessary:

2.211 Foundations, exterior walls or other vertical supports (exterior or interior);

2.212 Roofs or other horizontal members (including joists, beams, etc.);

2.213 Chimneys or chimney support system;

2.214 Architectural features (including but not limited to windows and door trim, parapets, roof cresting, cornices);

2.215 Rainwater drainage systems (gutters, downspout) whether exterior or interior;

2.216 Water-proofing systems (roofing, flashing, windows, doors, paint on wooden or corrosible metallic surfaces); and

2.217 Any other Elements which, if not adequately maintained, would eventually cause the building to crack, bulge, buckle, sag, rot, crumble or collapse, in whole or in part.

2.22 In cases where deterioration has already progressed to an advanced stage, and where the owner requests immediate removal, the standards for demolition shall be applied.

2.3 Changes to Structures

2.30 General Participation

2.301 Historic Architectural Character

2.3011 The historic architectural character of each building shall be maintained or restored. Buildings shall be rehabilitated to reveal their historic materials and details. Missing architectural Elements shall be recreated. Significant existing materials shall be retained by stabilizing, repairing or matching them with compatible new materials as required.

2.3012 The architectural character of each historic period is made up of several key factors. Each period interpreted these design Elements in its own characteristic fashion. These factors or Elements are:

Scale - relationship to human size, form, and perception.

Rhythm - the pattern of repeating Elements such as windows, columns, arches and other facade Elements, trees, other buildings, etc.

Form - overall shapes, combinations or shapes as seen from different perspectives, skylines, and contours.

Massing - height, setback of major building Elements, roof panes.

Proportion - the relationship among the dimensions of various Elements.

Features - building Elements such as windows, doors, cornices, roofs, porches, widow walks, balconies, cupolas, and decorative trim.

Materials - the "skin" of each building, consisting traditionally of brick, cast iron, steel, sheet metal, wood, glass, terra cotta, and slate.

2.302 Commercial Streets

2.3021 The commercial integrity of the Chelmsford Town Center District shall be protected through sensitive rehabilitation and new construction that provides a continuity of shops along the street frontages.

2.303 Residential Buildings

2.3031 The viability of the District's residential neighborhoods shall be enhanced by restoring and preserving residential buildings while respecting the historic character created by the various architectural features defining roof and facade.

2.31 Historic Materials and Colors (Advisory)

2.311 Masonry - Shall be returned to a serviceable and visually acceptable state by replacing missing masonry units and mortar with matching Elements and re-pointing and stabilizing using proper techniques and materials. Cleaning shall be accomplished using the gentlest effective means possible, so as not to damage either the masonry unit or the mortar joints. Cleaning specifications shall be submitted to the Historic Districts Commission for review prior to commencement of the work. Coatings to stabilize or waterproof masonry shall be permitted only if they have been proven not to block the masonry's water vapor permeability, or to contribute to its long-term deterioration.

2.3111 Old mortar should be duplicated in joint size, method of application, and joint profile.

2.3112 Masonry should be cleaned only when it is necessary to halt deterioration and always with the gentlest method possible, such as low pressure water and soft natural bristle brushes. DO NOT SANDBLAST MASONRY UNDER ANY CIRCUMSTANCES. Chemical cleaning products that could have an abrasive reaction with masonry should be avoided.

2.3113 Deteriorated original materials should be repaired or replaced, where necessary, with new materials that duplicate the old as closely as possible.

Replacement bricks should be carefully matched in size and color to the originals.

2.3114 New construction should follow traditional brick coursing and appearance; salvage brick should not be used.

2.3115 Foundations should be repaired or extended with the material of the existing foundation. The exposed portion of a foundation for anew building will be evaluated on an individual case basis.

2.3116 The original or early color and texture of masonry surfaces should be retained whenever possible. Brick or stone surfaces may have been painted or whitewashed for practical and aesthetic reasons. Indiscriminate removal of paint from masonry surfaces may be historically incorrect and may also subject the building to harmful damage. Masonry facades shall not be painted unless there is evidence that the building was painted originally.

2.3117 Chimneys are an important architectural feature. They should not be shortened or removed but repaired as necessary.

2.3118 Existing stucco should be repaired with a stucco mixture duplicating the original as closely as possible in appearance and texture.

2.312 Wood -Missing or deteriorated wooden features shall be sensitively replaced with new wood milled to match the original Elements and existing features shall be repaired whenever possible.

2.3121 Deteriorated material should be repaired or replaced, where necessary, with new material that duplicates the original as closely as possible. If a house is to be re-clapboarded, the clapboards should line up to match the window heads and sills. Clapboards should be applied smooth side exposed.

2.3122 Synthetic sidings (such as vinyl) are not recommended for properties in historic districts. Their installation is discouraged because of the loss of architectural detail when it is carelessly applied; because the long term effects (such as rot or deterioration) on the underlying wooden structure are unknown; because they can create unsuspected fire hazards; and because the synthetic siding is difficult to repair and will itself need painting in time. Wood has been the most traditional siding material in Chelmsford. Wood is easily worked, has natural insulating qualities, is adaptable, plentiful, relatively inexpensive, and resistant to denting. It can be patched, refinished, and repainted, or stained. And it has its own singular beauty .For all of these reasons, every reasonable effort should be spent to keep the original siding on a building. If replacement is absolutely necessary, new wood clapboards will look better than any synthetic material and will, with care, last longer.

2.3123 Original details such as trim, cornice, brackets, corner and sill boards, quoins, window and door hoods and casings, and all other decorative Elements shall be retained or replicated in kind.

2.3124 Wood shingles are only appropriate for exterior cladding if they were used as a siding material of the style of the structure in question. Shaped shingles and shingle patterns for such a structure should be duplicated in kind where repair and replacement are necessary.

2.313 Metals - Missing or deteriorated architectural metals shall be replaced with original or substitute metal fabrications or other visually compatible and durable features manufactured from acceptable alternative materials.

2.314 Colors - It is recommended that architectural features should be restored with colors and finishes appropriate to the nature of the materials and to the character of the original building. Where original colors are not to be used, historic colors within the spirit of the period should be substituted.

2.315 Other - Where glass, plastic and/or aluminum architectural Elements are an integral part of a building’s original design, and where this design is deemed to be of a high aesthetic quality, consideration shall be given to preservation of these Elements.

2.32 Major Building Elements

2.321 Storefronts - Existing historic storefronts shall be retained and rehabilitated. Generally, the term "historic " in these standards shall refer to the appearance of the building fifty or more years ago. Storefronts that have been altered or removed shall be restored or compatibly redesigned. Research should be done to discover each storefront’s original appearance, and to learn what architectural features might be covered by existing siding or facing material.

2.322 Doors and Entries - Existing historic doors shall be retained and rehabilitated. Where doorways must be altered [0 meet current building code and safety requirements, doors and entrance ways shall be designed also to respect the exterior architectural integrity of the building.

2.3221 Original or historically significant entries (including reveals, doors, surrounds, vestibule sidewalls, transoms or fanlights, sidelights and other features) may not be altered.

2.3222 If replacement doors are necessary, new doors shall be appropriate to the existing surround in style, material and proportions.

2.3223 Residential doors should be made of wood. Pine and fir are most commonly used for exterior doors. Replacement doors should have the appropriate panel arrangement for the date of the building's construction. Metal doors on houses are not acceptable.

2.3224 Generally, it is not appropriate to introduce anew door opening into the principal or front elevation. The appropriateness of new side or rear doors depends upon their design. (See 2.3225)

2.3225 The elaborateness of the entrance is related to the design of the house. Simple houses tend to have relatively plain doorways while more ornate houses have more highly decorated doorways. Therefore, when a replacement doorway is necessary on the principal facade or anew doorway is being added on a side or rear facade, it should harmonize with the style of the house as far as the type and extent of detail. Large sheets of glass are not generally in keeping with the character of a historic house.

2.3226 Doorways above ground level that provide secondary egress must be individually evaluated. In general, approval will result only when visibility from the street is minimal. The application of exterior staircases to buildings is generally not acceptable.

2.3227 Deteriorated porticos, porches, steps, and railings should be repaired with materials that duplicate the original.

2.3228 It is recommended that storm doors be consistent with the historic period of the building.

2.3229 Replacement door hardware should replicate the original or be of an appropriate design.

2.3230 Exterior lighting shall be in traditional locations. The design of these fixtures should be of an appropriate size and not imitate styles earlier than the building. Sodium vapor lights are not permitted on private property.

2.3231 Front steps should be replaced in-kind with the material historically used with the particular style building.

2.323 Windows - Existing historic windows shall be retained and repaired to improve thermal efficiency whenever possible. Where replacement is essential, new windows shall match the originals or be in character with the building. The original window type (hung sash, casement, pivot, awning, etc.) shall be retained, as shall be the appearance of the individual lights of glass formed by the muntin grid. The original width and depth of the individual Elements (such as exterior molding and/or casing, exterior frame, exterior sash members, and exterior muntin) shall be reproduced or be closely approximated.

2.3231 Replacement windows for original wood windows should be made of wood. Aluminum and vinyl windows are not acceptable.

2.3232 The muntin thickness and profile of replacement windows should approximate those of the original historic windows. Also, the proportions of the frame to the sash should be preserved. Windows with removable or sandwich muntin bars are not acceptable.

2.3233 Double glazing is permitted under the following circumstances:

a. When the use of the single-paned sash is appropriate to the architectural style of the building.

b. When the double-glazed sash has integral (fixed) muntin bars, provided the proportions of the muntin bars suite the building.

c. When the double-glazed sash has glued-on muntin bars of the proper proportions. Muntins must be applied with weatherproof adhesive on both sides of the glass.

2.3234 Only clear-pane, non-tinted glass shall be used (except to replace original stained glass). Mirrored and tinted heat-reflective glass is not appropriate.

2.3235 The frame and decorative window trim should be retained and repaired if necessary with materials that duplicate the original as closely as possible. Application of metal or vinyl panning over original wood trim is strongly discouraged.

2.3236 Exterior window shutters may not be appropriate to every architectural style and the Commission should be consulted before action is taken to remove or install them. Where replacement shutters are installed, they shall be wood constructed and match the height and one-half the width of the window opening and replicate a traditional shutter. All shutters shall be properly secured with shutter hardware so as to be operable, not nailed to the window casing.

2.3237 Original skylights should be retained, repaired, or replaced in kind. Size, location, and materials are important determinants for the acceptability of skylights. Bubble skylights are not permitted. New skylights are permitted in new construction. Skylights should be placed on roof surfaces with the least visibility to the street. Smaller skylights are preferable to larger ones.

2.324 Roofs - Features that give the roof its essential historical character shall be preserved or restored to the extent that they are visible from the ground. The principal considerations include the original roof shape; original roofing materials or materials compatible with the old in composition, size, shape, and texture; and architectural details such as dormer windows, cupolas, cornices, brackets, chimneys, cresting and weather vanes.

2.3241 Roof replacement materials should be sensitive to the original. Slating should be retained whenever possible. Slate should be retained whenever possible. Slate should not be removed without a careful evaluation of the cost of its repair.

2.3242 Wooden or copper gutters can be an important architectural feature. In older houses, they were often designed as part of the eave moldings. Therefore, gutters should be properly maintained and only replaced in cases of extreme deterioration.

2.3243 New gutters and downspouts should be replaced in an architecturally sensitive manner and match the surface on which they are installed; i.e., if a downspout runs down a white corner board, it should be painted white.

2.3244 Historic dormers shall be retained and repaired or restored. Expansion of existing dormers or adding new dormers may be approved on a case-by-case basis provided designs are based on historic models.

2.325 Industrial Hardware - Historically significant industrial hardware shall be preserved and contemporary hardware judged to be of a significant design shall be retained.

2.326 Mechanical Equipment - Essential outdoor mechanical equipment (ducts, fans, solar panels, etc.) shall be installed in locations which create the least disturbance to the historical appearance of the building and which involve the minimum alternation to its structural integrity.

3. NEW CONSTRUCTION

3.1 General Principles

3.10 Character. New construction on currently vacant sites in the town center shall be encouraged to reinforce the character embodied in the traditional New England town pattern, closely framing the road. New construction in residential districts shall follow the existing pattern of setbacks and building placement.

3.11 Continuity. New buildings should not be designed as freestanding objects, but instead shall generally conform to the tradition of continuous structures holding the lines of streets, canals, etc.

3.12 Ground-Level Design. On commercial streets, ground-level building design shall generally follow existing patterns created by the type and scale of shops, street facades, sign design, shop window configurations, and materials traditional to the town center.

3.13 Materials. New buildings shall utilize exterior materials in keeping with the exteriors seen in the Districts, with natural textures being encouraged. It is recommended colors shall generally be compatible with the surrounding streetscape.

3.14 Contemporary Approaches. New buildings shall reflect the traditional scale, preparations, rhythms, and mood of historic structures. These traditional architectural values should be interpreted into contemporary building design, but the use of imitation historic building details and ornaments is discouraged. Building design must also be internally consistent and amalgamation of historically unrelated stylistic Elements shall be generally prohibited.

3.15 Directional Expression. Strongly horizontal designs shall be avoided, by dividing long horizontal facades into smaller vertically oriented units that conform to the primary expression of the streetscape. Overly vertical or exaggerated expression in any direction shall be avoided. Proportional systems based on traditional methodology such as the Golden Triangle, are encouraged.

3.16 Infill and Major. Different standards are applicable to infill sites and major sites because the former generally have greater impact upon their immediate neighbors, while the latter can have significantly larger impact upon the overall townscape.

3.2 Infill Structures

3.20 Definition (blank)

4. SIGNAGE

4.1 General

4.10 All new signs, and all changes in the appearance of existing signs displayed so as to be visible from public ways require a certificate of Appropriateness.

4.11 Temporary signs are those intended to be used for a period of 30 days or less and shall not be allowed for more than 30 days. Temporary signs do not require a Certificate of Appropriateness, but do require an application and a Certificate of Non-Applicability can be issued.

4.12 If there is a conflict between these standards and the requirements in the Town Sign Code, the stricter shall apply.

4.2 Location and Size of Signs

4.20 Signs must not dominate building facades or obscure their architectural features (arches, transom panels, sills, moldings, cornices, windows, etc.).

4.21 The size of signs and individual letters shall be an appropriate scale for pedestrians and slow-moving traffic.

4.22 Signs on adjacent storefronts should be coordinated in height and proportion. The use of a continuous sign-band extending over adjacent shops within the same building is encouraged, as a unifying element.

4.23 Portable signs located on sidewalks, driveways, on top of vehicles or in parking lots are not allowed except by permit.

4.24 Wall signs shall be located no higher than the windowsill line of the second story.

4.25 Signs displayed during business hours only, such as those which are removed every evening and displayed again the following morning, constitute an on-going advertising format and shall be construed as being permanent signs rather than temporary signs, if such display continues for more than thirty calendar days. The date when such sign was first displayed shall be affixed in a permanent manner to the sign so as to be readily seen.

4.3 Messages and Lettering Signs

4.30 Messages should be as simple and brief as possible. The use of pictorial symbols or logos is encouraged.

4.31 Lettering should be of a traditional block or curvilinear style which is easy to read and not incompatible with the style of the building. No more than two different styles should be used on the same sign.

4.32 Letter should be carefully formed and properly spaced, to be neat and uncluttered. Generally, no more than 60% of the total sign area shall be occupied by lettering.

4.4 Color

4.40 Colors should be chosen to complement, not clash, with the facade color of the building. Signs should normally contain not more than three different colors. Fluorescent colors are discouraged.

4.5 Materials and Illumination

4.50 The use of durable and traditional materials is strongly encouraged (metal and wood). All new signs shall be prepared in a professional manner. Paper signs for advertising or identification purposes shall be allowed for not more than 30 days, as temporary signage.

4.51 The date on which a paper sign was first displayed shall be written on the sign, so as to be readily seen.

4.52 Internal illumination is generally discouraged but it may be appropriate in certain circumstances, such as:

4.521 Individual back-lit letters which are silhouetted against a softly illuminated wall, and

4.522 Individual letters with translucent faces, containing soft lighting Elements inside each letter. However, such signs are generally suitable only on a contemporary building.

4.53 No neon signs will be permitted in or on the building or in or on the windows or doors of a building. Neon signs will not be permitted at all.

4.6 Other Stylistic Points

4.60 The shape of a projecting sign shall be compatible with the period of the building to which it is affixed, and shall harmonize with the lettering and symbols chosen for it.

4.61 Supporting brackets for projecting signs should complement the sign design, and not overwhelm or clash with it. Screw holes must be drilled at points where the fasteners will enter masonry joints, to avoid damaging bricks, etc.

5. OTHER DEVELOPMENT

5.1 Pedestrian Amenities

5.10 While pedestrian amenities must be compatible with the town’s historic character, variations shall be permitted in order to respect the vitality and the variety of the town's different thoroughfares and neighborhoods.

5.11 Different types of public spaces should respond to the following general performance criteria:

a) Commercial streets shall be treated simply with maximum open sidewalk space, minimal obstruction on the ground and pedestrian preference for street crossing.

b) Historic, Non-Commercial Pedestrian Streets and Walks shall have a smaller scale, more intimate design using textures and smaller Elements that stimulate interest along the path.

c) Parking Areas must be carefully designed and landscaped due to their large size and first-impression impact upon visitors.

5.2 Streetscape

5.20 Paving and Planting

5.201 Tree corridors or canopies, stonewalls, and roadside planting should be extended and strengthened.

5.202 The existing streetscape should be enriched, especially around historic buildings and heavily used pedestrian areas. Historically appropriate improvements should create some consistency while avoiding complete uniformity.

5.203 Historic paving features shall be retained whenever possible and incorporated into the streetscape improvements.

5.204 Subtle variations in paving patterns and materials shall be used to enrich sidewalks and plazas, such as by lighting patterns in streetlights, trees, furniture, street crossings, and entryways.

5.205 Planting shade trees and shrubs shall be encouraged where they would enhance the historic character or create more inviting spaces. Removal of healthy trees over 3" in diameter, measured four feet above the ground level, shall be discouraged, except where they threaten existing structures.

5.21 Street Furniture

5.211 Placement of street furniture, which is appropriate to the context-attractive and durable, shall be encouraged. Placement of furniture shall be based upon careful study of how people tend to use a street.

5.22 Lights, Signs, and Traffic signals

5.221 Public signs shall utilize compatible graphics, colors, proportions, dimensions, and fabrication methods, in order to create greater consistency and improve their compatibility with their historic setting.

5.222 Street lights shall be designed to harmonize with their surroundings, and traffic signal poles and mounts shall be as unobtrusive as possible, both physically and visually.

5.3 Transportation Facilities

5.30 Parking

5.301 (blank)

5.4 Open Space

5.40 Parks

5.401 Existing parks shall be preserved and enhanced. The addition of structures in existing parks shall be prohibited other than historic markets and monuments.

5.402 The removal of existing historic structures to create new parks shall be prohibited.

5.5 Fencing and Screening

5.50 Fencing

5.501 Fences are significant architectural features. Architecturally important fences should be repaired or replaced with new materials that duplicate the old. Other fences may be architecturally important, the result of fence replacement in more recent years. In these cases, property owners are encouraged to upgrade their design rather than duplicate the existing fence.

5.502 Fences along the street facades of historic houses were meant to serve a decorative purpose. Such fences should not block a house's view, but complement it; they should be in scale to the property and they should be open, not solid. Narrow pickets (approximately 2 1/2 inches in width) are preferred to wide pickets. Back and side yard fences, which serve a screening purpose, may be higher and solid.

5.503 The design of a residential fence should be sensitive to that of the house. Since Federal architecture stressed delicate proportions, the fence in front of such a house should also be delicate in scale, whereas the fence in front of a more massive Victorian house could be heavier. Elaborate fences are suitable for elaborate houses; simple houses should have simple fences.

5.504 If wood is to be used, picket, capped picket, or spindle fences are recommended for anywhere around the yard. Capped, flat board fences are most appropriate for side and back yards and dumpsters. The flat board fence with a lattice top is an excellent privacy option for side or rear yards.

5.505 The Commission encourages the retention of suitable cast and wrought iron fences. Such fences should be repaired and painted as necessary .If sections are missing, and it is financially feasible, replacement sections should be obtained. Otherwise, it is preferable to consolidate the existing sections of the fence than to remove the fence altogether.

5.506 Historically, fences were located along the sidewalk and the continuity of such fences is an important asset to the street. The Commission generally discourages the fence relocation to accommodate off-street parking. Gates may be required as an alternative to relocation.

5.507 Chain link, stockade, and wire-type fences are not appropriate in historic districts. Low brick walls and brick planters are also not acceptable unless documented to be an original design feature.

5.51 Screening

5.511 Outdoor storage areas and other uses which are to be screened from view shall be enclosed with an opaque fence or wall built of traditional materials (such as wood or brick) in a manner which is not inconsistent with the historic character of the district.

6. CERTIFICATES OF HARDSHIP

6.1 Exceptions- 

Where the Historic Districts Commission finds that extraordinary and unnecessary hardships may result from strict compliance with these standards, or where there are exceptional circumstances, it may vary these standards so that substantial justice may be done. In order to issue a Certificate of Hardship, the Commission shall make specific factual findings demonstrating that:

6.10 Owing to conditions specific to a particular building or structure, failure to approve an application will result in substantial hardship, whether financial or otherwise, to the applicant, and

6.11 That granting the application will not involve substantial detriment to the public welfare or substantial derogation from the intent and purpose of the Historic By-Law.

6.2 Waivers - 

In granting waivers, the Historic Districts Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards, which have been waived. A Certificate of Hardship shall then be issued.

APPENDIX: DETERMINATION OF HARDSHIP

Application for a Certificate of Hardship shall be made on a form prepared by the Historic Districts Commission. The Commission shall schedule a public hearing concerning the application and any person may testify at the hearing concerning hardship.

The Commission may solicit expert testimony or require that the applicant for a Certificate of Hardship make submissions concerning any or all of the following information before it makes a determination on the application.

1. A professional estimate of the cost of the proposed construction, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the standards of the Commission for changes necessary for the issuance of a Historic Permit.

2. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.

3. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition, or removal; and after changes required by the Commission.

4. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

5. Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and person from whom the property was purchased, and any terms of financing between the seller and the buyer.

6. If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, for the previous two years.

7. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.

8. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

9. Any listing of the property for sale or rent, price asked, and other received, if any, within the previous two years.

10. Assessed value of the property according to the two most recent assessments.

11. Real estate taxes for the previous two years.

12. Form of ownership or operation of the property, whether sole proprietorship, for-profit, or not-for-profit corporation limited partnership, joint venture, or other.

 

To replace any existing Rules and Regulations previously used by this Commission.

APPROVED BY HISTORIC DISTRICT COMMISSION MEETING 4/3/1995:

Susan Julian Gates, Chairman
Margaret Dunn, Vice Chairman
Stephen Stowell
Brenda Lovering
Bruce Foucar

Chelmsford Center Historic District website designed and produced by Fred Merriam
Historical documents and photos courtesy of the Chelmsford Historical Commission
Last Updated: Tuesday, Aug 1, 2006