[Massplanners] Historic Preservation Tax Incentives

Mon Jul 17 12:52:07 EDT 2023

Hi Imai,

A late response to your email but it may still be of interest.  I drafted this bylaw when I was a member of the Bolton Plantain Board.

§ 250-27.1
Barn, stable and carriage house preservation. 
 <https://ecode360.com/14848661#27992431>
[Added 5-5-2014 ATM by Art. 7]
A.  <https://ecode360.com/29134572#29134572>Accessory apartments.
(1)  <https://ecode360.com/29134576#29134576>Purpose. The purpose of this bylaw is to preserve existing detached barns, stables and carriage houses built before 1925 and provide flexibility for accessory apartment types.
(2)  <https://ecode360.com/29134577#29134577>Restrictions. The Planning Board, acting as the special permit granting authority (SPGA), may grant a special permit to use a detached barn, stable or carriage house for single-family residential use on a lot with an existing dwelling, provided all of the following conditions are satisfied:
(a)  <https://ecode360.com/29134580#29134580>The barn, stable or carriage house must have existed continuously since 1925. When converted for residential use, the structure must have a minimum net floor area of 400 square feet for accessory apartment types.
(b)  <https://ecode360.com/29134581#29134581>The barn, stable or carriage house and principal dwelling must be and remain located on the same lot.
(c)  <https://ecode360.com/29134582#29134582>At least one of the dwellings (barn, stable, carriage house or principal dwelling) must be and remain owner occupied.
(d)  <https://ecode360.com/29134584#29134584>The principal dwelling must be included in the Historical and Architectural Inventory of Bolton, MA or alternatively qualify by having been built prior to 1925 with a detached barn, stable or carriage house.
(e)  <https://ecode360.com/29134585#29134585>The Building Inspector shall confirm by inspection that the existing principal dwelling on the lot must be used only as a single-family dwelling during such time as the barn, stable or carriage house is being used as a dwelling. A two-family dwelling may be converted to a single-family dwelling to meet this requirement. The Building Inspector shall confirm by inspection that the existing dwelling is being used only as a single-family dwelling before issuing a certificate of occupancy for the use of the barn, stable or carriage house. The owner of the property must sign an affidavit recorded at the Registry of Deeds with the special permit accepting such requirement.
(f)  <https://ecode360.com/29134596#29134596>The exterior facade of the barn, stable or carriage house shall substantially retain its appearance as a barn, stable or carriage house, and exterior architectural features shall be preserved to the maximum extent practicable, keeping in mind the barn, stable or carriage house will be a dwelling. If the facade of the barn, stable or carriage house shall have been changed from its original appearance prior to the filing for a special permit under this section, it shall be restored to be consistent with the architecture of the period of its construction. The SPGA shall obtain a report from the Bolton Historical Commission as to exterior features that it recommends be preserved or restored and which, if any, proposed exterior alterations should be allowed on the barn, stable or carriage house. The existing footprint shall remain substantially the same but shall not increase more than 10%.
(g)  <https://ecode360.com/29134597#29134597>Sufficient off-street parking must be provided for occupants of the barn, stable or carriage house.
(h)  <https://ecode360.com/29134598#29134598>The barn, stable or carriage house shall meet all building code requirements and shall have properly installed and maintained fire safety devices for the protection of all occupants in the entire dwelling, be issued an address for the accessory unit by the Fire Department and be subject to compliance with state and local Board of Health requirements and state and local wetland bylaws and regulations.
(i)  <https://ecode360.com/29134599#29134599>Any other conditions, safeguards and limitations on time or use as may be imposed by the SPGA according to MGL c. 40A or regulations pursuant thereto.
B.  <https://ecode360.com/29134604#29134604>Accessory uses.
(1)  <https://ecode360.com/29134605#29134605>Purpose. The purpose of this section is to preserve existing, freestanding and detached barns, stables and carriage houses built before 1925 and provide flexibility for home occupations. The conduct of the following home occupations may be permitted under the provisions of this section of the Barn, Stable and Carriage House Preservation Bylaw. It is the intent of this section to allow home occupations that are generally not allowed under Bolton's Accessory Use Bylaw, Chapter 250 <https://ecode360.com/14848394#14848394>, Zoning, § 250-21 <https://ecode360.com/14848665#14848665>. The accessory use must be clearly incidental and secondary to the principal use of the principal dwelling unit or the permitted accessory structure. The essential component of a home occupation is that it does not detract from the character of the existing land use.
(2)  <https://ecode360.com/29134606#29134606>Restrictions. A special permit from the Planning Board is required for home occupations which are not allowed under the accessory uses section, § 250-21 <https://ecode360.com/14848665#14848665>. Any special permit issued for a home occupation pursuant to this bylaw shall be subject to the following conditions:
(a)  <https://ecode360.com/29134607#29134607>The structure used must have been in existence prior to 1925. Any and all additions to the original structure must be in keeping with the original architectural style.
(b)  <https://ecode360.com/29134608#29134608>Sufficient off-street parking must be provided and such parking areas must be in keeping with the character of a single-family residence. Crushed stone may be considered as an acceptable paving surface for this use. No more than two parking spaces shall be located within the front yard of the property.
(c)  <https://ecode360.com/29134609#29134609>There shall be no external change which alters the residential appearance. The residential character of the premises must be preserved. All materials and products shall be stored only within the dwelling. All work or sale of goods must be carried on inside the building used.
(d)  <https://ecode360.com/29134610#29134610>There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the permitted use or other variation from the residential character of the principal building other than a sign as permitted under § 250-18E <https://ecode360.com/14848651#14848651> of the Bolton Zoning Bylaw, pertaining to residential signs.
(e)  <https://ecode360.com/29134611#29134611>The SPGA may impose on any special permit additional conditions, including, but not limited to, number of employees permitted, hours of operations and screening plantings of abutting properties.
(f)  <https://ecode360.com/29134612#29134612>Before granting a special permit the SPGA must conclude that the impact from traffic, lighting, and hours of operation will not have a negative impact on the residential neighborhood.
(g)  <https://ecode360.com/29134613#29134613>The permitted use shall be carried out only inside the principal dwelling or the barn, stable, or carriage house.
(h)  <https://ecode360.com/29134614#29134614>The permitted use shall be carried out by the person who resides in the principal dwelling or the barn, stable, or carriage house.
(i)  <https://ecode360.com/29134615#29134615>Not more than two persons other than the residents of the dwelling and not more than a total of four are employed at any one time on the premises in the permitted use.
(j)  <https://ecode360.com/29134616#29134616>No equipment or process shall be used which creates offensive noise, vibration, smoke, dust, odors, fumes, heat or glare detectable to the normal senses off the premises.
(k)  <https://ecode360.com/29134617#29134617>No equipment or process shall be used which creates electrical interference in household devices off premises.
(l)  <https://ecode360.com/29134618#29134618>The permitted use shall not allow shipments by vehicles not customarily making deliveries in a residential area.
(m)  <https://ecode360.com/29134619#29134619>No highly toxic, explosive, flammable, combustible, corrosive, radioactive or similar hazardous materials are to be used or stored on the premises in amounts that exceed those that are typically found in normal residential use.
(n)  <https://ecode360.com/29134620#29134620>The occupied space for the permitted use shall not exceed more than 1/3 of the floor space of the living area of the principal dwelling, if it is being used as an accessory use to the principal dwelling, or more than 1/3 of the floor space of the living area of the accessory dwelling, if it is being used as an accessory use to the accessory dwelling.
(o)  <https://ecode360.com/29134654#29134654>The barn, stable or carriage house and principal dwelling must be and remain located on the same lot.
[Added 5-5-2014 ATM by Art. 8]
(3)  <https://ecode360.com/29134622#29134622>Allowed uses are the following:
(a)  <https://ecode360.com/29134623#29134623>Photo studio, artist, craftsman, or other artisan studios. Stock and trade may be sold on the premises, provided that it is produced on the premises.
(b)  <https://ecode360.com/29134624#29134624>Repair and alteration of wearing apparel and accessories.
(c)  <https://ecode360.com/29134625#29134625>Florist or caterer.
(d)  <https://ecode360.com/29134626#29134626>Repair for musical instruments.
(e)  <https://ecode360.com/29134627#29134627>Bed-and-breakfast.
(f)  <https://ecode360.com/29134628#29134628>Antique shop.
(4)  <https://ecode360.com/29134629#29134629>Prohibited occupations/activities. The following occupations or activities are expressly prohibited as home occupations:
(a)  <https://ecode360.com/29134630#29134630>Servicing, maintenance, or restoration of motor vehicles.
(b)  <https://ecode360.com/29134631#29134631>Trucking or warehousing activities.
(c)  <https://ecode360.com/29134632#29134632>Sale of articles, except as provided in the above Subsection C <https://ecode360.com/29134621#29134621>.
(d)  <https://ecode360.com/29134633#29134633>Animal hospital.
(e)  <https://ecode360.com/29134634#29134634>Medical or dental clinics.
(5)  <https://ecode360.com/29134635#29134635>Process.
(a)  <https://ecode360.com/29134636#29134636>An owner or owners of a barn, stable and carriage house may make an application to the SPGA for a special permit for the alteration and/or occupancy of a barn, stable and carriage house in compliance with all of the above-listed restrictions. The SPGA will then post notice of this public hearing in accordance with MGL c. 40A. The Bolton Historical Commission shall be notified upon receipt of building application.
(b)  <https://ecode360.com/29134637#29134637>The special permit for said barn, stable or carriage house will be limited to the original applicant but shall be transferred with ownership upon the successful inspection of the property which verifies that all conditions of the requirements for a barn, stable or carriage house are being met and upon recertification that the new owner(s) of the dwelling plan(s) to maintain residence in either the barn, stable or carriage house or the principal residence.
(c)  <https://ecode360.com/29134638#29134638>If the terms and/or conditions of the special permit for a barn, stable or carriage house are not being complied with, such special permit can and will be revoked in accordance with standard enforcement procedures, or if all conditions are not met within one year of issuance of the special permit, the special permit will be null and void.
(6)  <https://ecode360.com/29134639#29134639>Criteria. For those uses identified in Chapter 250 <https://ecode360.com/14848394#14848394> of the Code of the Town of Bolton as requiring a special permit from the Planning Board, the following additional factors shall be considered by the Planning Board, granting, denying, or considering renewal of any special permit:
(a)  <https://ecode360.com/29134641#29134641>The existence of safe vehicle access to and from the property; and
(b)  <https://ecode360.com/29134642#29134642>The existence of safe pedestrian access to and from the site.
C.  <https://ecode360.com/29134621#29134621>Rules and regulations. The Planning Board may adopt rules and regulations relative to this bylaw.
 <https://ecode360.com/14848661#27992432>
Jonathan Keep 
Landscape Design
Mobile / 781-259-0240
Email / jonathan at jonathankeep.com
Web / jonathankeep.com

> On Aug 2, 2021, at 9:16 AM, Aiu, Imaikalani <aiu.i at westonma.gov> wrote:
> 
> Hello,
> The Town of Weston Planning Board is investigating ways to incentivize historic preservation as a way to diversify our housing stock. Our focus was initially on saving the few remaining estates in town by creation of a voluntary Historic Heritage Overlay Designation, which would allow for greater density and possible subdivision of large homes into smaller units (with design guidelines), using the Town's existing Flexible Subdivision by-law as a base. In our talks with homeowners, it seems however that tax relief is at the top of everyone's wish list. 
>  
> Have other towns been able to give tax breaks for preservation of historic buildings? Our tax assessor doesn't consider that even houses with Preservation Deed Restrictions qualify for any tax reduction. Any examples to bolster our cause will be appreciated.
>  
>  
>  
> Imaikalani Aiu
> Town Planner
> Town of Weston
> 781-786-5065
> www.weston.org/TownPlanner <http://www.weston.org/TownPlanner>
> on behalf of:
>  
> ALICIA PRIMER
> Weston Planning Board, chair
> consultant to Weston Historical Commission
> -- 
> MassPlanners mailing list
> MassPlanners at masscptc.org <mailto:MassPlanners at masscptc.org>
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