Exterior alterations to historic district properties:
As required by law, if you plan to make exterior alterations to a property in a Historic District, you must first obtain a Certificate of Appropriateness from the Commission, even if a building permit is not necessary. (If a building permit is necessary, the Building Commissioner will direct you to the Historic District Commission for a Certificate.) To obtain a Certificate of Appropriateness, an application must be submitted to the Commission, a public hearing held, and the Commission must find that the proposed work is appropriate as defined under Historic District law. In the case that your exterior alteration falls into the above category of non-applicability, the Commission will issue a Certificate of Non-Applicability without the public hearing. Landscaping with plants, trees or shrubs is not reviewed and does not require any type of certificate.
Applications are easy to complete but must include sufficient information and plans to clearly and accurately indicate to the Commissioners the exact nature of all proposed changes. The Commission will consider the general design, proportions, detailing, mass, arrangement, texture, and building materials used. For new construction and additions, the Commission will also consider the appropriateness of the scale, shape and proportions of the design. After a public hearing the Commissioners will decide on the historic appropriateness of your proposal. A copy of the Historic District bylaw is on file at the Town Clerk’s office. The bylaw is the formal document that governs the district; this brochure is meant as a simplified, summary document.
Typical items requiring a Certificate of Appropriateness:
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Installing new siding, trim or shutters
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New additions or demolitions of any kind
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Removing or altering porches, balconies or other building elements and features
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Replacing or installing outside lighting, doors, windows, stairs, gutters or railings
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Installing skylights and fences
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Enlarging driveways or parking lots
Typical items that are issued a Certificate of Non-Applicability:
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Color of paint or color of roofing materials
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Certain small signs and temporary signs
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Certain temporary structures
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Terraces and walks which are at grade
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Storm windows, storm doors, screen windows and screen doors
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Window air conditioners
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Identical construction after a fire, storm or other natural disaster
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Changes that are not visible from a public way
Work done in violation of the above cited laws without a Certificate may subject you to a fine or court action in the same way as a violation of the State’s building code.
The certification application Process:
Step #1: Application
Call the Town Clerk’s office (543-1208), the Building Commissioner (543-1206), or your local Commissioner for an application. At your option, you are invited to meet with the Commission informally to discuss proposed designs or for assistance with the application prior to formal submission to the Commission. Submit your completed application to the Town Clerk with the accompanying materials specified on the application form. You may submit an application anytime, but the filing date is the date of the next regularly scheduled Commission meeting when the Commission determines your application is acceptable.
The Commission will determine within fourteen (14) days of the filing date if your proposed change falls within their jurisdiction. They will issue a Certificate of Non-Applicability for those changes that don’t fall under their jurisdiction. If the Commission determines that the application is subject to review than it shall hold a public hearing.
Step #2: Public Hearing
The Commission shall hold a public hearing within forty-five (45) days from the filing date of the application. At least fourteen (14) days before the public hearing, public notice shall be given by posting at Town Hall and in “The Foxboro Reporter”. A copy of this public notice shall also be mailed to the applicant, to the owners of all adjoining properties in the Historic District and to the Planning Board.
A public hearing on an application for a Certificate need not be held if the Commission determines that the exterior architectural feature involved, or its category, is so insubstantial in its effect on the Historic District that it may be reviewed by the Commission without a public hearing. If the Commission dispenses with a public hearing on an application for a Certificate, notice of the application shall be given to the owners of all adjoining property in the Historic District and ten (10) days shall elapse after the mailing of the notice before the Commission may act upon the application.
Step #3: Approval
Within sixty (60) days after the filing date of an application, the Commission shall issue a Certificate of Appropriateness or a disapproval. This time can be extended by the applicant in writing. In the case of a disapproval of an application, the Commission will state the reasons for the disapproval and may include specific recommendations for changes in the applicant's proposal with respect to the appropriateness of design, arrangement, texture, material and similar features which, if made and filed with the Commission in a subsequent application, would make the application acceptable. In issuing Certificates, the Commission may impose certain conditions and limitations, and may require architectural or plan modifications consistent with the intent and purpose of the bylaw.
The concurring vote of a majority of the Commission members present shall be required to issue a Certificate. The Commission shall send a copy of its Certificate or disapproval to the applicant and shall file a copy with the office of the Town Clerk and the Building Commissioner. The Building Commissioner will be responsible for ensuring that the proposed changes are being completed according to the Certificate.
Version 070802