Section 5. As used in this chapter the word ''altered'' includes the words ''rebuilt'', ''reconstructed'', ''restored'', ''removed'' and ''demolished'' and the phrase ''changed in exterior color''; the word ''building'' means a combination of materials forming a shelter for persons, animals or property; the word ''commission'' means the commission acting as the historic district commission; the word ''constructed'' includes the words ''built'', ''erected'', ''installed'', ''enlarged'', and ''moved''; the words ''exterior architectural feature'' means such portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof, the kind, color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures; the words ''person aggrieved'' mean the applicant, an owner of adjoining property, an owner of property within the same historic district as property within one hundred feet of said property lines and any charitable corporation in which one of its purposes is the preservation of historic structures or districts; the words ''solar energy system'' shall mean a device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating; and the word ''structure'' means a combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway.
Notes of Decisions
Caplan v. Town of Acton, 92 N.E.3d 691 (Mass. 2018).
· cites it 2× “Although it is an "exterior" feature, in that it is open to public view, see G. L. c. 40C, § 5, its inclusion in a church building is as much a religious choice as an aesthetic one -- especially where, as here, the windows have an expressly religious message.”
Kelley v. Cambridge Historical Comm'n, 993 N.E.2d 1228 (Mass. App. Ct. 2013).
· cites it 3× “However, they do not point to any applicable statute or ordinance that renders that proximity relevant for standing purposes.”
Montgomery v. Bd. of Selectmen of Nantucket, 120 N.E.3d 1246 (Mass. App. Ct. 2019).
· cites it 3× “The analysis of standing under the Historic Districts Act 8 is straightforward, as G. L. c. 40C, § 5, supplies a specific definition of the term "person aggrieved": "the applicant, an owner of adjoining property, an owner of property within the same historic district as property…”
Warner v. Lexington Historic Districts Comm'n, 831 N.E.2d 380 (Mass. App. Ct. 2005).
“570, 581 (1996); and the definitions section of the general historic districts enabling act, G. L. c. 40C, § 5, explicitly includes “fence[s], wall[s], terrace[s], walk[s] or driveway[s]” as “structures.”
Jarrett v. Springfield Library & Museums Ass'n, 16 Mass. L. Rptr. 200 (Mass. Super. Ct. 2003).
“Additionally, the definition of “person aggrieved” in G.L.c. 40C, §5 was amended in 1983 to apply to “any charitable corporation in which one of its purposes is the preservation of historic structures or districts,” a definition that includes the Trust.”
Belezos v. Bd. of Selectmen of Hingham, No. 1:17-cv-12570 (D. Mass. Nov. 27, 2019).
“Additionally, the definition of “person aggrieved” in G.L.c. 40C, § 5 was amended in 1983 to apply to “any charitable corporation in which one of its purposes is the preservation of historic structures or districts,” a definition that includes the Trust.”
Kenyon Oil Co. v. Adams, 17 Mass. L. Rptr. 69 (Mass. Super. Ct. 2003).
“The bylaw was adopted pursuant to the authority granted by G.L.c. 40C, §5 to regulate exterior architectural features of a building.”
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