Cemetery Conservation District Historic District Zoning

Amherst Historic District Regulations (Adopted January 17, l991; Amended: 3-16-00; 10-19-00, 5-15-03.)

Amherst Historic District Regulations

(Adopted January 17, 1991; Amended: 3-16-00; 10-19-00, 5-15-03.)

These regulations are promulgated under the authority of and in accordance with RSA 674 and RSA 675.

1. PURPOSES
   1. The purpose of these Regulations is to guide construction, maintenance and rehabilitation of properties in the Amherst Historic District so as to preserve the distinctive character and integrity of the district. The Regulations are intended to ensure that properties in the district are not altered inappropriately. The goal in developing these Regulations is to set up clear and objective rules so that decisions and permits are not based on the personal tastes and preferences of Commission members reviewing proposals for change.
   2. Whenever an application for the construction, maintenance or rehabilitation of a property in the Amherst Historic District is received, the Historic District Commission shall consider said application and if the commission finds that the applicant meets the general criteria set forth herein, it shall grant the requested permit.
2. GENERAL CRITERIA
   1. In making a determination on an application, the Historic District Commission shall take into account these Regulations as follows:
      1. the historical, architectural, or cultural value of subject buildings, structures or landscapes and their relationship and contribution to the setting;
      2. the compatibility of the exterior design, arrangement of elements, texture and materials proposed to be used in relationship to existing buildings or structures and their setting;
      3. the scale and general size of new construction in relationship to existing surroundings, with consideration of such factors as height, width, street frontage, number of stories, roof type, (windows, doors etc.) and architectural details;
      4. other factors, including yards, off-street parking, screening, fencing, entrance drives, sidewalks, signs, lights and/or landscaping which might affect the character of any building or structure within the district, and similar factors which relate to the setting for such structure or grouping of structures;
      5. the impact that the applicant’s proposal will have on the setting and the extent to which it will preserve and enhance the historical, architectural and cultural qualities of the district and community.
      6. structures or sites which are architecturally important as unique constructions or as exceptionally fine examples of their period, region or style (Significant Structures) should be altered only so as to conform more closely to their original or most characteristic appearance. In such cases the original appearance must be determined through convincing documentation b the applicant.
      7. These regulations shall be most strictly enforced for structures, facilities, and conditions within the public view. The public view shall include neighboring properties to the extent that the structure, facility, or condition may be reasonably observed from neighboring property.
      8. The Commission shall have the discretion to waive any condition contained in these regulations for good cause shown. (10/16/00)
3. PRESERVATION GUIDELINES
   1. For guidance and recommendations on rehabilitation, preservation and maintenance homeowners are encouraged to refer to the U.S. Secretary of the Interior’s Standards for Rehabilitation.
   2. The Commission shall be guided by the following principals:
      1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.
      2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible, and additions or changes inconsistent with these goals should be discouraged.
      3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
      4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
      5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
      6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
4. RELOCATION AND DEMOLITION
   1. Buildings shall not be demolished or removed from their present sites except for good cause shown. Applicants shall have made a reasonable effort to maintain the existing structure on the existing site.
5. MINIMUM MAINTENANCE
   1. Owners of all buildings shall provide sufficient maintenance to keep such buildings from falling into a state of disrepair. Owners shall therefore be responsible for taking at least the minimum steps necessary to prevent the deterioration of components which could cause 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 architectural features is necessary.
   2. In cases where deterioration has already progressed to an advanced state, and where immediate removal is requested by the owner, the standards for review of demolition contained in the U. S. Secretary of the Interior’s Standards for Rehabilitation shall be applied. In all cases, where at all applicable, non-structural architectural features shall be repaired. In situations where it is impracticable to repair these features or prohibitively expensive to replicate them, they shall be stored and not discarded.
6. CHANGES TO EXISTING STRUCTURES
   1. The historical architectural character of a building or structure -- expressed by design, style rhythm, form, massing, scale, proportions, features and materials -- shall be maintained or restored. When a change is proposed, significant existing materials and elements shall be retained whenever possible.
   2. Use of synthetic (typically, aluminum or vinyl) siding shall not be permitted. Structures including fencing shall be constructed from natural materials (i.e. no vinyl, plastic, PVC or chain link) 3-18-99
   3. Any new design elements introduced shall respect the character and history of the building. The design of such elements shall not seek to create an appearance earlier than that appropriate for the building.
   4. The choice of color is not regulated, but it is recommended that colors be compatible with those used on other historical buildings in the neighborhood.
   5. Existing historical doors shall be retained and rehabilitated wherever possible. Where doorways must be altered, doors and entranceways shall be designed to respect the exterior architectural integrity of the building. Storm doors and screen doors shall have plain -- not scalloped or cross buck -- stiles, rails and panels and shall not have false ”historical” hardware”.
   6. Existing historical windows shall be retained and repaired wherever possible. Where replacement is essential, new windows should match the originals or be in character with the building as may be reasonably achievable. The original window type (hung sash, casement, pivot, etc.) should be retained as should the configuration of the individual panes of glass formed by the muntin grid. Multi-paned sash should have true panes formed by true muntins and should not utilize applied or embedded muntin grids. The original width and depth of the individual elements (such as exterior molding and/or casing, exterior frame, exterior sash members and exterior muntins) should be reproduced or be closely approximated. For windows added as a part of an addition or new windows in the existing structure, the above regulations are recommended practices.
   7. Features which give a roof historical character shall be preserved or restored to the extent that such features are visible from the ground. Principal considerations include the original roof shape; original roofing materials or materials compatible with the old in composition, size, shape, color and texture; architectural details such as dormer windows, monitors, cupolas, cornices, bargeboards, brackets, chimneys, cresting and weathervanes.
   8. Outdoor mechanical equipment (ducts, fans, air conditioners, etc.) shall be installed in locations which create the least disturbance to the historical appearance of the building and which involve the minimum alteration to its structural integrity. Landscape buffers may be used.
7. CONSTRUCTION OF NEW BUILDINGS
   1. New construction shall be complementary to the configuration of existing buildings and streetscapes, including in height and width, and shall be governed by these Regulations as appropriately interpreted for new construction.
8. STREETSCAPE
   1. The establishment of off-street parking shall be encouraged to be placed to the rear of buildings where such is reasonable and available, and fenced or screened with appropriate plantings.
   2. Any alterations requiring changes to the topography of any property which shall materially change the landscape shall require an application to the Historic District Commission. Where changes in the existing ground level are necessitated by installation of foundations or sewage systems, etc., the Commission may require appropriate fill, grading or planting to render the altered area compatible with its surroundings.
   3. Reasonable efforts to preserve historical and traditional markings for property boundaries and grounds -- such as stonewalls, fences and tree borders -- should be undertaken. Replication or extensions may be introduced where appropriate. Extensions such as fencing must be made of natural materials. (3-9-99)
   4. The visual impact of telephone and electrical wires and meters as well as all other utility structures and equipment shall be minimized. Meters shall not be placed on the primary facade of a building but shall be located so as not to limit access by public service personnel. Personal wireless service facilities, as defined by the Telecommunications Act of l996, and including accessory and related structures, must use concealment techniques and/or engineering designs which minimize the height and visibility of any structures, including designs which promote the use of any existing structures, to the extent technologically the character and integrity of the Historic District. Applicants must demonstrate that they have met or attempted to meet this standard utilizing state of the art technology and alternatives before approval by the Board.
   5. Public visibility of any of the following may be ordered to be minimized or concealed where the condition is to not be in character with the Historic District:
      

      Man-made decorative objects, large or obtrusive personal property, equipment and machinery, such as bulldozers, storage sheds or outbuildings, landscaping features, and modern appurtenances such as above ground pools, tennis courts, antennae and trash receptacles.

   6. It is recommended that mailboxes be black. Newspaper holders/containers are prohibited.
   7. Removal of Mature Trees. Every effort should be made to maintain and protect mature trees that contribute to the character of the Historic District. (5-15-03)
      1. Approval. A Certificate of Approval from the Historic District Commission shall be required for the removal of:
         1. any mature tree on public property anywhere in the Historic District;
         2. any mature tree on private property located between the street and the rear of the main buildings.
      2. Exemption. Specifically exempted from this requirement—but subject to the “notice to cut” requirements in 8.07 (d)—are trees that are completely dead, showing absolutely no sign of leaf growth on any branch during peak growing season. Dying, decayed, or diseased trees still require a Certificate of Approval for removal since this determination is highly judgmental and may require expert opinion. In making such a determination, the Historic District Commission may at its sole discretion seek the advice of the Amherst Conservation Commission and/or a qualified arborist.
      3. Definition. For the purposes of this provision and in keeping with similar provisions governing the removal of trees on “scenic roads” (see RSA § 231:158), “mature tree” shall be defined as “any woody plant which has a circumference of 15 inches or more at a point 4 feet from the ground.”
      4. Notice to Cut. Upon filing an application to remove a mature tree, the applicant shall immediately mark the tree with orange tape to indicate that it is at risk of being removed. If the application is approved, the orange tape shall remain on the tree for twenty (20) days past the date of approval, after which—if there are no appeals—the tree may be removed. For those trees that meet the exemption requirements in 8.07 (b), the owner must call the Chairperson of the Historic District Commission to inform her or him of the intention to remove the tree and shall clearly mark the tree with orange tape to for a period of twenty (20) days prior to its removal to indicate that it is at risk of being removed.
      5. Minimum Requirements. When a tree is approved for removal, the following minimum requirements shall apply:
         1. The tree stump shall be removed to at least six inches below grade level.
         2. In cases where the tree is being removed because it is dead, dying, diseased or decayed, the tree shall be replaced with one of a native species that will grow to the same size as the one removed.
9. FENCES, GATES & RETAINING WALLS
   1. General. A fence is a highly visible architectural feature that should enhance the character of the house, street, and historic district. The Commission encourages the replacement over time of fences that do not conform to these guidelines. Existing fences that resemble their historic styles shall only be replaced in kind. New fences intended to replace missing fences shall reproduce the historic style wherever possible, provided sufficient documentary evidence exists.
   2. Applicant’s Intent. One’s intent for installing a new fence or changing the style or construction of an existing fence must be clearly stated when applying for a Certificate of Approval. The desire for privacy and/or to enclose children or pets is not an acceptable reason of itself. Acceptable reasons include:
      1. Restoring a well-documented historic fence, the standards for which shall be the same as those for restoration of a missing architectural feature;
      2. Replacing an inappropriate contemporary style fence with a historically appropriate style;
      3. Changing a fence style to better complement the rhythm of existing fences on the streetscape;
      4. Installing a new fence where one is absent and such absence breaks the well-defined rhythm of existing fences on the streetscape;
      5. Protecting the value of a residential property from the negative economic impact of an adjoining commercial property (see privacy fence guidelines).
      6. Installing a new fence where the style and location are in keeping with these guidelines.
   3. Cause for Relief. The basis upon which relief from these Regulations may be granted is stated in § II, 2.01 (h). Relief will not be granted based solely upon:

      A spite fence near Ossipee built by Thomas Plant. When he was turned down trying to buy his neighbor’s land, he built this fence of cast-off lumber directly across the street in their full view.

      1. Photographic evidence of other fences in the Historic District that do not currently meet these guidelines;
      2. The applicant’s personal preference for a non-conforming style of fence;
      3. Relative costs of construction or maintenance among various styles of fence;
      4. Dislike of one’s neighbor or dissatisfaction with a neighbor’s habits.
   
   
   4. Documentation. Fence applications shall not be approved without clear photographs, sketches and/or drawings that depict the exact location and accurately represent the proposed final product along with a description of materials and measurements of all members including spacing between members (i.e., posts, rails, distance between pickets, height, etc.).
   5. Acceptable Styles. The fence should be in harmony with the style of the house and rhythm of the streetscape (e.g., simple fence with a vernacular house, simple or high-style fence with a high-style house, picket fence along a paved sidewalk, etc.). Acceptable fences generally include:
      1. Post & rail with wooden posts and either timber or board rails. The number of rails should be two (if timber) and three or four (if board). Board rail fences should have a face board on the posts and a board cap along the top.

         Timber rails.

         Board rails with board cap.

      2. Picket with wooden posts and either flat or square pickets, with or without baseboard. Flat pickets shall not be excessively decorative.

         Flat pickets.

         Square pickets.

      3. Baluster (i.e., basically a picket fence with a baseboard and cap rail) with either flat or square balusters.

         Flat balusters.

   6. Unacceptable Styles. Chain link, barbed wire, woven wire, masonry, stockade, lattice, basket weave, and board-on-board are not acceptable. Stone walls generally are not appropriate along village streets and between closely positioned residences in the village. Dry laid stone walls are acceptable as traditional boundaries between pastures and along country roads (e.g., Mack Hill Rd., Jones Rd.).
   7. Streetscape. A variety of styles of connecting or abutting fences between separate properties along a common street is discouraged (e.g., mixing picket with post & rail). Variety of construction and pattern within a given style is encouraged (see IX.11).
   8. Privacy Fences.
      1. Privacy fences are allowed only on an exception basis, under extremely limited circumstances, and for good cause shown (e.g., as a visual barrier between residential and commercial properties to protect the historic integrity of the residential property).
      2. Privacy fences generally will not be allowed to separate residential properties if the fence would be visible to the public view. Privacy, per se, shall not be considered sufficient cause for relief.
      3. Landscaping is required with privacy fencing. The first course is to consider natural vegetation as an alternative buffer to a privacy fence. Where a privacy fence is approved, the applicant may be required to plant in front of it to soften the fence to the public view.
      4. Since privacy fences are functional, not ornamental, only one type is permitted: solid board, straight top with molded cap, post caps allowed, maximum 6’ tall.
      5. Decorative picket, lattice or other ornamental treatments along the top of the fence are prohibited. Applied or carved finials are prohibited.
      6. Privacy fencing around pools and spas will be minimum 4’ (encouraged) and max. 6’ (discouraged), which must be removed if the pool or spa is ever removed.

         4’ solid board fence with molded caps and post caps enclosing a swimming pool and spa.

   9. Proportions. The height of the fence and the size of the various members (rails, posts, pickets, finials, caps, braces, gates, and panels) and the spacing between pickets, rails, and posts shall be appropriate to the style of fence chosen. For example, materials that are too diminutive and spacing between pickets/railings that are too open give the historically uncharacteristic impression of lesser quality or poor craftsmanship and are discouraged. (In our colonial period, public officials known as “fence viewers” were appointed to ensure that fences were built “sheep high, bull strong, and hog tight.”)

      Diminutive posts.

      Excessive picket spacing.

   10. Materials. Fences shall be built of all natural materials (e.g., no vinyl). Sawn or partially sawn granite posts are not allowed. When restoring a granite post fence, use posts that are split in the same manner as the missing historic posts.

       Historic split granite.

       Modern sawn/split granite.

   11. Construction. Fences pre-built in sections or kit form often create a “packaged” look and will not necessarily conform to these guidelines. Rails shall not be doweled to the posts, unless the dowel is sufficiently hidden by pickets or balusters. Rails should be butt-jointed and toe-nailed to the posts (or mounted on brackets in the case of granite posts). While the Commission limits the number of fence styles, it strongly encourages variety in fence construction and pattern within those styles. Too many fences of the same manufacturer or construction will give the district a historically uncharacteristic uniform or “packaged” look.

       Butt joint (acceptable).

       Dowel joint (not acceptable).

   12. Paint. Post & rail, picket, and baluster fences shall be painted. Split-rail horse fences shall be left natural or treated with a clear stain. Privacy fences may be left natural at the option of the Commission if it is determined that the weathered wood will be less pronounced.
   13. Gates. Gates shall generally be of the same style as the fence to which they are attached, unless otherwise documented historically.
   14. Abutting Properties.
       1. In accordance with Section V., 5.02 (e) 1 of the Rules of Procedure, all abutters shall be notified of applications for fencing.
       2. The best side of the fence shall face out from the property.
       3. Fencing shall not restrict the views of neighboring residential properties.
   15. Property Line Disputes. The Historic District Commission will not review fence applications if there is an unresolved property line dispute. In the event of such dispute, the application will be denied and the fee refunded. Once the dispute is settled, the applicant may reapply without prejudice. If the fence is approved, the burden is on the applicant to ensure that it is built within the limits of his or her own property lines.
   16. Retaining walls. Retaining walls by their nature have a high visual impact because of their bulk and mass and are generally discouraged. Retaining walls shall not be allowed in those cases where enough land exists to re-grade and avoid the need for a retaining wall. Where allowed, retaining walls should be constructed of fieldstone, preferably laid dry. Retaining walls of railroad ties, timbers or interlocking concrete block are not acceptable where visible to the public or abutting properties.
10. NEW EXTERIOR ADDITIONS (3-16-00)
    1. Significant historic materials and features should be preserved.
       1. The design of an addition on a primary elevation or other character-defining elevation must not materially obscure, damage, diminish, or otherwise negatively impact the primary elevation or other character-defining features of that structure.
       2. Minimize loss of historic material comprising external walls.
    2. The design of the new addition should complement, not compete with or detract from, the historic character of the original structure.
       1. Make the scale, massing, and proportions of the new addition compatible with the original building to ensure that its historic form is not lost or compromised.
       2. Locate or set back the new addition on a secondary or inconspicuous elevation so that the new work does not result in a radical change to the historic form and character of the building from its primary view(s).
    3. The historic character of the original structure shall be protected so that the old work remains visually distinct.
       1. Consider the new addition both in terms of the use and the appearance of other buildings in the historic district. The new addition may reference design motifs from the historic building to which it is attached. However, it should complement, not compete with or detract from, the original historic structure in terms of massing, scale, proportions, materials, texture, and detailing.
    4. Historic and other character-defining settings around the structure shall be preserved.
       1. New additions should be compatible with the historic character of the immediate setting as well as the surrounding and neighboring areas and structures. Historic relationships within the setting and surrounding area should be preserved in terms of massing, scale, design, material, texture, and relationship of solids to voids.
11. ADMINSTRATIVE RULES (deleted 10/19/00)