974 CMR 7.07 - Exemptions, Certificate of Non-applicability, and Certificate of Hardship

(1) The DEC shall not review the following, provided such structures, buildings, or features comply with the Vicksburg Square Historic Preservation Plan, the Devens Housing Historic Preservation Plan as further modified by the Devens Development Project, The Estates at Harvard Hills:

(a) Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level.

(b) Walls and fences, or either of them.

(c) Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae and similar appurtenances, or any one or more of them.

(d) The color of paint.

(e) The color of materials used on roofs.

(f) 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.

(2) 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, landscaping with plants, trees or shrubs, and emergency work necessary for public safety because of an unsafe or dangerous condition shall be exempt from 974 CMR 7.00.

(3) An Applicant may request the DEC determine whether, owing to conditions especially affecting the structure or building involved, but not affecting the historic district generally, that compliance with Article X. Section D of the By-laws will involve a substantial hardship, financial or otherwise, to the applicant and whether the proposed work or improvements are not substantially detrimental to the public welfare and do not substantially derogate from the intent and purposes of the By-laws. After rendering such determination, the DEC shall issue a Certificate of Hardship.

(4) In the case that the proposed work does not involve any exterior architectural feature or involves exterior architectural features not subject to review, the DEC shall issue a Certificate of Non-applicability. The Director shall determine within 21 days of a submission that an application does not involve any exterior architectural feature or involves exterior architectural features not subject to review. This determination is valid upon ratification by the DEC at a public meeting. The DEC may ratify, modify or disapprove the Director's decision.

Notes

974 CMR 7.07