Town of Provincetown - Public Notice
Amendments to the Provincetown General By-laws
April 7, 2003
Annual Town meeting
Notice is hereby given that the following amendments to the Provincetown General by-laws, which have been approved by vote at the April 7, 2003 Annual Town Meeting and the Massachusetts Attorney General under MGL C.40§32 on August 14, 2003 and shall take effect on Thursday, August 28, 2003 at 12:01 a.m. Copies of the General By-laws may be examined or obtained from the Office of the Town Clerk, Town of Provincetown, 260 Commercial St., Provincetown, MA 02657.
4-1-1 Date. The Annual Town Meeting shall be held on the first Monday in April of every year and shall be called to order at 6:00 p.m. for the purpose of transacting all business of the Annual Town Meeting except the election of such officers and the determination of such matters as are required by law to be elected or determined by ballot.
Article 9.
General By-law Amendment: Chapter 15. Establish Local
Historic District. Add a new
Chapter 15, as follows:
1. Purpose. The purpose of this bylaw is to promote the
cultural, economic, educational and general welfare of the inhabitants of the
Town of Provincetown through: 1.) the preservation and protection of the
distinctive characteristic of buildings and places significant in the history
and development of Provincetown; 2.)
maintaining and improving the settings of these buildings and places;
and 3.) the encouragement of design
compatible with buildings existing in the area, so as to continue to maintain
the historic village, fishing, artistic, cultural, commercial and residential
character and other qualities which distinguish the town as a desirable
community for permanent and seasonal residents and visitors.
2.
Definitions. The terms defined in
this section shall be capitalized throughout this Bylaw. Where a defined term has not been
capitalized, it is intended that the meaning of the term be the same as the
meaning ascribed to it in this section unless another meaning is clearly
intended by its context. As used in
this Bylaw the following terms shall have the following meaning:
2.1
Alteration,
to Alter, The act or the fact of rebuilding, reconstruction, restoration,
renovating, remodeling, replication, removal, demolition, or other similar
activities.
2.2
Building.
A combination of materials forming a shelter for persons, animals or property.
2.3
Certificate.
A Certificate of Appropriateness, a Certificate of Non-Applicability, or a
Certificate of Hardship as set forth in this Bylaw.
2.4
Commission.
The Provincetown Historic District Commission
2.5
Construct,
to Construct. The act or the fact of building, erecting, installing, enlarging,
moving and other similar activities.
2.6
District.
The Provincetown Historic District as established by this Bylaw.
2.7
Exterior
Architectural Feature. Such portion of the exterior of a Building or Structure
as is open to view from a Public Way, including but not limited to the architectural style and general arrangement and
setting thereof, the kind and texture of exterior building materials, and the
type and style of windows, doors, lights and other appurtenant exterior
fixtures.
2.8
Person
Aggrieved. The applicant; an owner of adjoining property; an owner of property
within the same District; an owner of property within 150 feet of said
District; and any charitable corporation in which one of its purposes is the
preservation of historic places, structures, Buildings or districts.
2.9
Public
Way. This term shall include public ways, public streets, public parks and
public bodies of water. The term
"Public Way," however, shall not include a foot path, cart path or
any easement or right of way that does not constitute a public way or public
street.
2.10Structure. A combination of
materials other than a Building, including but not limited to a fence, deck,
wall, terrace, or walk.
3.
District.
The District shall consist of the area shown
on the map entitled Provincetown Historic District, dated December 4, 2002,
attached as Appendix 2. The District boundary is identical to the boundary
of the existing National Register District.
4.
Commission Composition and
Appointments
4.1 Number
of Commissioners, Terms of Appointments:
The District shall be overseen by a Commission consisting of five
members and two alternates to be appointed by the Selectmen, one member
initially to be appointed for one year, two for two years, and two for three
years, and each successive appointment to be made for three years. The alternates shall be appointed, one for
periods of two years and one for three years; and for three-year terms
thereafter.
4.2
Appointment Process: The
Selectmen shall appoint one Commission member from up to two nominees solicited
from the Provincetown Chamber of Commerce; one member from up to two nominees
solicited from the Provincetown Business Guild; one member from up to two
nominees solicited from the Provincetown Art Association and Museum; one member
from up to two nominees solicited from the Provincetown Historical Commission;
and one member from up to two nominees solicited from the Pilgrim Monument and
Provincetown Museum. If, within 30 days
after submission of a written request for nominees to any of the organizations
herein named, no such nominations have been
made, the Board of Selectmen may proceed to make appointments as it desires.
4.3 Alternate
Commission Members: The Board of
Selectmen shall appoint two alternate members to the Commission. In the case of the absence, inability to act
or unwillingness to act because of self-interest on the part of a member of the
commission, his place shall be taken by an alternate member designated by the
chairman.
4.4 Background
Recommendations: It is recommended, but
not required, that Commission members selected by the nominating entities,
including the Board of Selectmen, have educational and/or professional
experience in one or more of the following fields: historic preservation, architecture, land use planning,
architectural history, history, law or engineering.
4.5 Term
Expiration: Each member and alternate
shall continue to serve in the office after the expiration date of his or her
term until a successor is duly appointed.
4.6 Meeting
Schedule: Meetings
of the Commission shall occur as provided for under G.L. c.40C, §11, 1,
sentence 1 and, in any event, shall be held at least once per month and more
often as necessary and as provided for under any applicable rules and
regulations promulgated by the Commission.
4.7
Quorum: Three members of the Commission shall
constitute a quorum.
5.
Commission Powers and Duties
5.1 Powers
of Commission: The Commission shall
exercise its powers in administering and regulating the Construction and
Alteration of Structures or Buildings within the District as set forth under
the procedures and Guidelines established in this Bylaw, and its duly adopted
Rules and Regulations. This Bylaw is
not intended to allow Alterations or Construction not in compliance with state
and local laws and regulations.
5.2 Rules
and Regulations: The Commission may
adopt, and from time to time amend, reasonable Rules and Regulations not
inconsistent with the provisions of this Bylaw or M.G.L. Ch. 40C, setting forth
such terms and procedures as it deems desirable and necessary for the
regulation of its affairs and the conduct of its business, including
requirements for the contents and form of the Certificates, fees, hearing
procedures and other matters. The
Commission shall file a copy of such Rules and Regulations with the Office of
the Town Clerk after review by Commission counsel.
5.3 Guidelines
and Amendments: This By-law may be
amended in any manner not inconsistent with G.L. c.40C by a two-thirds vote of
Town Meeting, provided that the substance of any such amendment has first been
submitted to the Commission for its recommendation and its recommendation has
been received or sixty days have elapsed without such recommendation.
5.4 Annual
Meeting: The Commission shall each year
hold an organizational meeting and elect a Chairman, Vice Chairman and
Secretary, and file notice of such election with the Town Clerk.
5.5 Records: Record keeping shall be maintained as
required by State law.
5.6 Public
Education: The Commission shall
undertake educational efforts to explain to the public and property owners the merits and functions of the
District, to the extent that time and appropriations allow.
6.
Alterations and Construction
Prohibited Without a Certificate
6.1 Certificates: Except as this Bylaw provides, no Building
or Structure or part thereof within a District shall be Constructed or Altered
in any way that affects the Exterior Architectural Features as visible from a
Public Way, unless the Commission shall first have issued a Certificate with
respect to such Construction or Alteration.
6.2 Building
Permits: No building permit for
Construction of a Building or Structure or for Alteration of an Exterior
Architectural Feature within the District and no permit for demolition or
removal of a Building or Structure within the District shall be issued by the
Town or any department thereof until the Certificate as required under this
Bylaw has been issued by the Commission.
Nothing in this bylaw shall restrict the Building Commissioner from
immediately ordering demolition of unsafe structures in accordance with
provisions of M.G.L. Ch. 143.
7.
Procedures for Review of
Applications
7.1 Applications: Any person who desires to obtain a
Certificate from the Commission shall file with the Commission an application
for a Certificate of Appropriateness, of Non-Applicability, or of Hardship, as
the case may be. The application shall
be accompanied by such plans, elevations, specifications, material and other
information as may be reasonably deemed necessary by the Commission to enable
it to make a determination of the application.
The Commission shall determine whether said application involves any
Exterior Architectural Features which are within the jurisdiction of the
Commission. The Commission shall
determine promptly, and in all events within fourteen (14) days of the filing
of an application for a Certificate whether said application involves any
Exterior Architectural Features, which are within the jurisdiction of the
Commission, except for administrative approvals as provided in Section 7.5.
7.2 Certificates
of Non-Applicability: If the Commission
determines that an application for a Certificate does not involve any Exterior
Architectural Features, or involves an Exterior Architectural Feature which is
not subject to review by the Commission under the provisions of this Bylaw, as
provided in Section 9, the Commission shall forthwith issue a Certificate of
Non-Applicability.
7.3 Hearings: If the Commission determines that such
application involves an Exterior Architectural Feature subject to review under
this Bylaw, it shall hold a public hearing on the application, except as may
otherwise be provided in this Bylaw.
The Commission shall hold such public hearing within forty-five (45)
days from the date of the filing of the application if the Commission meets
once a month, and within thirty (30) days if the Commission meets
bi-monthly. At least fourteen (14) days
before said public hearing, public notice shall be given by posting in a
conspicuous place in Town Hall and in a newspaper of general circulation in
Provincetown. Such notice shall
identify the time, place and purpose of the public hearing. Concurrently, a copy of said public notice
shall be mailed by the town of Provincetown to the applicant, to the owners of
all adjoining properties and of other properties deemed by the Commission to be
materially affected thereby as they appear on the most recent applicable tax
list, to the Planning Board, or to any person filing a written request for
notice of hearings, such request to be renewed yearly in December. The concurring vote of a majority of the
members of the Commission shall be required to issue a Certificate.
7.4 Certificate
of Appropriateness: If the Commission
determines that the Construction or Alteration for which a Certificate of
Appropriateness has been filed conforms to the Bylaw and Guidelines and will be
appropriate for or compatible with the preservation and protection of the
District, the Commission shall issue a Certificate of Appropriateness.
7.5 Administrative
Approvals: If an application for a
Certificate involves an Exterior Architectural Feature which is subject to
review by the Commission under the provisions of this Bylaw, but the proposed
Alteration clearly conforms to the purposes of this Bylaw and Guidelines and, therefore,
is insubstantial in its affect on the District, this application shall be placed upon the next available meeting
agenda, with notice to abutters as provided in Section 7.3 for
ratification. Ten (10) days shall
elapse after the mailing of such notice before the Commission may act upon such
application and issue a Certificate.
7.6 Certificate
of Hardship: If the Construction or
Alteration for which an application for a Certificate of Appropriateness has
been filed shall be determined to be inappropriate and therefore disapproved,
or in the event of an application for a Certificate of Hardship, the Commission
shall determine whether, owing to conditions especially affecting the Building
or Structure involved, but not affecting the District generally, failure to
approve an application will involve substantial hardship, financial or
otherwise, to the applicant. In such cases, the Commission shall issue a
Certificate of Hardship provided such application may be approved without
substantial detriment to the public welfare, and without substantial derogation
from the intent and purposes of this Bylaw.
7.7 Certificate
Conditions: 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 this Bylaw and Guidelines.
7.8 Issuance
of Certificate: As soon as convenient after such public hearing but in any
event within sixty days after the filing of the application or within such
further time as the applicant may allow in writing, the commission shall make a
determination on the application. The date of issuance of a Certificate
or disapproval shall be the date of the filing of a copy of such Certificate or
disapproval with the office of the Town Clerk.
7.9 Failure
to Act: If the Commission shall fail to
act upon an Application within sixty (60) days of the filing of the application
for a Certificate, or within such further time as the applicant may allow, the
Commission shall thereupon issue a Certificate of Hardship due to failure to
act. The Commission shall file its
determination with the Town Clerk as required under G.L. c.40C, §10(f).
7.10Appeals: Any person aggrieved by a determination of
the Commission may, within twenty (20) days after the filing of the notice of
such determination with the Town Clerk,
appeal to the Superior Court as provided in Chapter 40C, Section 12A. Notice of an appeal must also be filed with
the Office of the Town Clerk within twenty (20) days of the determination.
8.
Criteria for Determinations
8.1 Criteria
for Determinations: In deliberating on
applications for Certificates, the Commission shall adhere to the standards
established in the Guidelines, as amended, which are part of this Bylaw, all of
which must be consistent with this by-law and the requirements of G.L.
c.40C. In general, the Commission shall
consider, among other things, the historic, architectural and cultural value
and significance of the site, Building or Structure; the general design,
proportions, detailing, mass, arrangement, texture, and material of Exterior
Architectural Features involved; and the relation of the work proposed in the
application to similar features of Buildings and Structures in the surrounding
area and the District as a whole. In
the case of new Construction or additions to existing Buildings or Structures,
the Commission shall consider the appropriateness of the scale, shape,
proportions, siting and the materials of the Building or Structure both in
relation to the land area upon which the Building or Structure is situated and
in relation to Buildings and Structures in the vicinity. The degree of visibility from a Public Way
may be a consideration in determining the level of compliance with this Bylaw
and Guidelines.
8.2 Interiors
and Use: The Commission shall not consider
interior arrangements or architectural features not subject to view from a
Public Way. In addition, the Commission
shall not consider uses for the Building or Structure.
9.
Exclusions
9.1
Categorical Exclusions: The
Commission shall exclude from its purview the following:
9.1.1
Maintenance
and repairs that do not alter or replace material, as defined in Section 9.2.
9.1.2
The
color of paint.
9.1.3
Exterior
lighting.
9.1.4
Gutters
and downspouts.
9.1.5
Signage.
9.1.6
Storm
windows and window air conditioners.
9.1.7
Satellite
antennae, or similar equipment, provided they are located to minimize
visibility from a Public Way.
9.1.8
Temporary
Buildings or Structures subject, however, to conditions pertaining to the
duration of existence and use, as the Commission may reasonably specify.
9.1.9
Terraces,
walks, sidewalks and similar structures, provided that any such Structure is
substantially at grade level.
9.1.10
Flagpoles,
sculpture, mailboxes (freestanding or attached), window boxes, house numbers,
and garden furniture.
9.1.11
Buildings
that are less than 50 years old are exempt from review, with the following
conditions: Alterations which affect
more than 25% of a façade must comply with the Guidelines. Additions which increase such Building by
more than 25% must conform with Guideline 15 New Construction and
Additions.
9.1.12
Piers/Wharves: Additions and alterations to piers and
wharves, including all mechanical and maritime-related Structures and
equipment, are exempt from review.
9.1.13
Cemeteries: All cemetery Structures are exempt except
Buildings and fences.
9.1.14
Plant
material and trees.
9.2
Ordinary Maintenance and Repair: Nothing in this Bylaw shall be construed to
prevent the ordinary maintenance, repair or replacement of any Exterior
Architectural Feature within a District which does not involve a change in design, material or to
the outward appearance thereof, nor construed to prevent the meeting of
requirements certified by a duly authorized public officer to be necessary for
public safety because of an unsafe or dangerous condition, nor construed to
prevent any Construction or Alteration under a permit duly issued prior to the
effective date of this Bylaw.
9.3
Additional Exclusions:
Certain categories of Exterior Architectural Features may be constructed
or altered without
review by the Commission, provided such construction or alteration do not
substantially derogate the intent and purposes of the District and of G.L.
c.40C. The Commission may, upon
conducting a public hearing, exclude from its purview Exterior Architectural
Features, in addition to those listed in Section 9.1, which it determines do
not significantly impact the purpose of the District.
10
Enforcement and Penalties
10.1 Violations: The Commission shall determine whether a
particular activity is in violation of this Bylaw, and the Commission shall be
charged with the non-criminal enforcement of this Bylaw, and seeking civil
enforcement under G.L. c.40C, section 12A, after obtaining the necessary
authority to do so.
10.2
Remedies: The Commission shall institute any
appropriate action or proceedings in the name of the Town of Provincetown to
prevent, correct, restrain or abate violation of this Bylaw.
10.3 Fines: Whoever violates any provision of this Bylaw
shall be subject to a fine of $250.00. Each day
during which any portion of such violation continues to exist shall constitute
a separate offense.
10.4 Building
Commissioner: The Commission may
designate the Building Commissioner to pursue non-criminal disposition under
G.L. c.40, §21D. The Commission shall have jurisdiction to pursue
enforcement under G.L. c.40C, §13.
10.5 Validity
and Separability. The
provisions of this Bylaw shall be deemed separable. If any provision, sections, subsections, sentences or clauses
shall be held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of the Bylaw shall continue to be in full force and
effect.
11
APPENDICES
APPENDIX 1.
PROVINCETOWN HISTORIC DISTRICT GUIDELINES
1. STATEMENT OF PURPOSE.
Provincetown is a unique community; unique in its location, in the degree of
its economic dependence on tourism, and in its architectural and cultural
heritage. Few towns have so much of
their historic architecture still in existence, and maintaining its visual
character as a 19th century seaport is of vital importance to the
town’s economy and way of life. These
Guidelines are intended to ensure that alterations and new construction within
the District occur in a manner that preserves and respects this unique
heritage.
2.
GENERAL GUIDELINES
a.
In the District, the Commission shall
determine whether the proposed construction, reconstruction, alteration or
demolition of an exterior architectural feature will be appropriate to preserve
the character and appearance of Provincetown.
Commission members will refer to the Provincetown Survey when reviewing
applications to better understand architectural and historic significance.
b.
In the District, each building or structure
shall be recognized as a physical and cultural record of its time, place and
use. The historic character of a
building or structure shall be retained and preserved. The removal of historic materials or
alteration of features that characterize a building or structure shall be
avoided.
c.
Deteriorated historic features should be
repaired rather than replaced. All
architectural changes shall be appropriate either to the original style of the
building or structure (if it has not been significantly altered) or to its
altered style (if it has been significantly altered to reflect characteristics
of a later style). Where the severity
of deterioration requires replacement of a distinctive feature, the new feature
should match the old in design, color, texture, and the other visual qualities
and, where possible, materials.
Replacement of missing features should be substantiated by documentary,
physical, or pictorial evidence.
3. EXEMPTIONS FROM
REVIEW. The following items shall be exempt from review by the Commission:
a.
Maintenance and repairs.
b.
The color of paint.
c.
Exterior lighting.
d.
Gutters and downspouts.
e.
Signage.
f.
Storm windows and window air conditioners. The color of
storm windows should match the trim color to which they are affixed. Storm windows should have a narrow frame and
closely align with the window sash and its meeting rail.
g.
Satellite antennae or similar mechanical equipment,
provided it is located to minimize visibility from a Public Way.
h.
Temporary buildings and structures, subject, however,
to conditions pertaining to the duration of existence and use, as the
Commission may reasonably specify.
i.
Terraces, walks, sidewalks, or similar structures,
provided that any such structure is substantially at grade level.
j.
Flagpoles, sculpture, mailboxes (freestanding or
attached), window boxes, house numbers, and garden furniture.
k.
Buildings that are less than 50 years old are exempt
from review, with the following conditions:
Alterations which affect more than 25% of a façade must comply with the
Guidelines. Additions which increase
such buildings by more than 25% must conform with Guideline 15 New Construction
and Additions.
l.
Piers/Wharves:
Additions and alterations to piers and wharves, including all mechanical
and maritime-related structures and equipment, are exempt from review.
m.
Cemeteries: All
cemetery structures are exempt except buildings and fences.
n.
Plant material and trees.
4. LIMITS OF
JURISDICTION. Review under this By-law shall be limited to those Exterior
Architectural Features which are visible from a Public Way, as defined under
the By-law. The term "Public Way," however, shall not include a
foot path, cart path or any easement or right of way that does not constitute a
public way or public street.
5.WINDOWS
a.
Replacement windows, including muntin pattern,
must be appropriate to the original style of the building, or to its altered
style, if that style has gained significance.
Muntins, whether structural or applied, must have an exterior
three-dimensional profile and appropriate width.
b.
Replacement windows shall not frame down the
historic window openings. Where
possible, altered window openings shall be returned to their historic
dimensions.
c.
New windows may be added provided they do not
detract from an original or architecturally significant arrangement of windows.
d.
Storm windows are exempt – see Section
3.f.
e.
Waterfront elevations: On the waterfront elevations, window and
door openings have frequently been altered and enlarged to accommodate water
views. It is not the intention of these
Guidelines to prohibit such alterations.
Alterations to window and door openings shall be reviewed on a
case-by-case basis. Alterations should
retain and reflect the historic characteristics of the building, including
appropriate materials, proportion, and design.
f.
Shutters:
When used, shutters shall be made of wood and be of a design appropriate
to the style and period of the building.
Each shutter shall match the height and one-half the width of the window
opening. It is recommended that the
shutters be installed on shutter hardware and be operable or made to appear
operable, and be hung in a manner consistent with traditional installations.
6.ENTRANCES/DOORS
a.
Original or historically significant doors,
vestibules, steps and porches shall be retained or replaced-in-kind. Replacement doors, if necessary, shall match
the original in material, size, and design.
Decorative features (such as transoms, sidelights, door hoods, brackets,
columns, balusters and pediments) shall be retained and repaired or
replaced-in-kind, and may not be removed.
b.
New doors may be added, or existing doors
moved, provided they do not detract from an original or architecturally
significant elevation.
c.
In commercial entrances, replacement doors
must be compatible in design and material to the storefront, or to the original
style of the building.
7.ROOF CLADDING.
Traditionally, most roofs were clad in cedar shakes, except for a few high
Victorian-era examples that were clad in slate. It is encouraged, but not required, that traditional wood shake
shingles be used when recladding a roof.
Asphalt shingles are allowed, and should be of appropriate color, size,
and shape.
8.ROOF DORMERS, ALTERATIONS
AND ADDITIONS
a.
Dormers and other roof alterations and
additions are permitted under the following criteria:
i. Preserving original roof slope unchanged at
either side of alteration;
ii. Use of materials which are appropriate to
the surrounding original roof and
siding materials;
iii. If replacing missing
features, such as cupolas or chimneys, such replacement
should be based upon historic evidence.
b.
Chimneys:
Chimneys are an important component of many historic structures in
Provincetown. It is required that,
whenever possible, original or later important chimneys be retained and
repaired.
c.
Skylights:
Skylights with flat profiles are allowed on all elevations. Approval will be based upon size, number,
and location of skylights. The goal is
to ensure that skylights do not dominate the appearance of a roof slope.
9.ROOF DECKS, DECKS AND PORCHES. Roof decks are permitted
under the following criteria:
a.
The size and location of the roof deck should
not dominate the roof.
b.
Where possible, roof decks should be located
to be minimally visible from a public way, or detailed to reflect an historic
roof walk.
c.
Railing design should consist of wooden
railings with captured balusters.
Decks and porches
extending beyond the façade plane of a building are permitted provided the deck
supports do not obscure significant architectural detail. New decks should be detailed in a manner
appropriate to the building.
10. COMMERCIAL STOREFRONTS
a.
Historic or architecturally significant
storefronts shall be preserved or restored to the greatest extent
possible. Alterations of other
storefronts shall use materials and be of a design compatible to the overall
character of the historic commercial setting.
b.
The addition of new storefronts in historic
facades shall retain the character and design of the building as originally
designed, or as altered if such alteration has gained architectural or historic
significance.
11. FENCES.
The typical Provincetown front yard enclosures throughout the 19th
century and into the 20th were some version of the wood picket
fence. Such fences were 30” to 48”
tall, simplicity and linearity were emphasized; in many fences no visible posts
interrupted the unbroken run of pickets, decorative posts were used at corners
and gates. It is encouraged that such
yard enclosures be preserved or replicated.
Existing fences that reflect these characteristics should be preserved
and maintained. Chain link, concrete
block, and light gauge metal are inappropriate fencing material for front or
side yards and will not be approved.
12. SIDING. Clapboards, cedar
shingles, board and batten, and flush board siding are the predominant exterior
siding materials for Provincetown commercial and residential buildings.
Synthetic siding is generally discouraged because it severely compromises the
appearance and integrity of historic buildings, and will only be approved on a
case-by-case basis.
13. OUTSIDE STAIRS. Outside stairs will be allowed, if required, and will be
reviewed on a case-by-case basis.
Considerations for approval include material, design, and location.
14. DEMOLITION. Demolition, or partial demolition, of buildings or structures
is prohibited except when in the opinion of the Commission warranted for
extraordinary circumstances. Demolition
or partial demolition of later additions that are not architecturally or
historically significant may be permissible and are subject to review on a
case-by-case basis. Nothing in these
guidelines shall be construed to prevent the meeting of requirements certified
by a duly authorized public officer to be necessary for public safety because
of an unsafe or dangerous condition or to prevent any construction or
alteration under a permit duly issued prior to the effective date of the
By-law.
15.
NEW CONSTRUCTION AND ADDITIONS. Design
guidelines for new construction or additions are intended to ensure that such
work occurs in a manner that respects Provincetown’s unique heritage. The Commission shall consider the
appropriateness of the size, shape, materials and proportions both in relation to
the land upon which it is situated and in relation to the vicinity.
APPENDIX 2. PROVINCETOWN
HISTORIC DISTRICT MAP. The Provincetown Historic District shall be a District
under this Bylaw. The location and
boundaries of the Provincetown Historic District area defined and shown on
the Local Historic District Map of the town
of Provincetown which is part of this Bylaw.
Article 10. General By-law Amendment: §11-5. Street Numbers on Buildings. Delete §11-5 and insert in place thereof the
following:
11-5
Street Numbers on Buildings: The
owner or person in control of any building, regardless of use, shall post the
street number assigned by the Town Assessor so as to identify the building
clearly. Said posting shall consist of numbers and letters where applicable,
(not script) that are not less than 3 inches high and of a contrasting nature
to the background. (Example: black numbers on white background)
The
street number shall be affixed to the building in a location that is most
visible from the public or private way, or on a separate post or mailbox in
front of the property. If the building is not visible from a public or
private way and is accessible via alleyway or lane, the street number shall be
affixed to the building and on a post at the entrance to the access way if
allowed by the property owner. At a multi-unit property each unit shall be
posted in addition to the assigned street number. Unit posting shall consist of
numbers and letters that are not less than three inches high and of a contrasting
nature to the background. The unit number shall be affixed to the building
nearest to the unit entrance door.
Violation of this bylaw shall be administered as follows: Warning notice, no fine; Fail to correct within 30 days notice, $25.00; Fail to correct within 60 days notice, $50.00; Subsequent offense after 60 day notice, $50.00 for each day of violation.
Article 11. General By-law Amendment: §13-2-7. Dogs. Delete
Section 13-2-7, Restraint of Animals, and insert in place thereof the following:
13-2-7. DOGS.
13-2-7-1. Purpose. Provincetown's
dogs and their owners enhance the character of the Town, and the Town seeks to
encourage responsible dog ownership and behavior to the extent that they do not
interfere with the reasonable expectations of residents and visitors for
safety, appropriate health standards, and enjoyment of peace and quiet in
public and private areas. This by-law seeks to balance the interests of dog
owners and their dogs with the interests of all Town inhabitants.
13-2-7-2. Definitions. As used in this article, the following terms shall have the meanings
indicated:
A dog "at
large": an unrestrained or out of control dog outside the dog owner's
property;
An "out of
control" dog: a dog accompanied by a person who is not exerting proper
supervision;
A dog "owner":
a person who owns a dog, or a person with responsibility for a dog;
A "restrained"
dog: a dog kept on a leash, cord, chain or other restraint, or a dog kept
within the dog owner's property or leased premises, or another owner's property
with consent of that owner or occupant of same; and
A dog under "voice
and sight control": a dog kept within sight of the dog's owner and under
the owner's verbal control at all times so that the dog does not (1) charge,
chase or display aggression towards any person or behave in a way that a
reasonable person may find threatening or dangerous; (2) charge, chase or
display aggression towards any dog; or (3) fail to come to and stay with the
dog's owner or guardian immediately upon that person's command.
13-2-7-3. Control of dogs. Any dog within Town boundaries must be restrained and may not be at
large except as specified herein. Any dog within Town boundaries may be
off-leash only in specific off-leash areas as designated by the Town, provided
that such dog is under voice and sight control. The following are Town-owned
open space off-leash areas (limited by specified times as noted): Shankpainter
Pond Uplands, Foss Woods, Locke Property (also known as 'Whistle Path Woods'),
Abandoned Railroad Right-Of-Way, and all Town beaches. From Memorial Day
through November 1 dogs may be off-leash if under voice and sight control on
Town beaches between the hours of 6 am and 9 am and the hours of 6 pm and 9 pm;
from November 2 through the day before Memorial Day dogs may be off-leash if
under voice and sight control on Town beaches between the hours of 6 am and
9pm; all dogs must be restrained on Town beaches at all other times. In
designated off-leash areas, any owner whose dog is not under voice and sight
control or is out of control is in violation of this by-law. In all other
areas, any owner whose dog is at large, out of control, or not restrained is in
violation of this by-law. A non-criminal disposition penalty will be assessed
in the amount of $10 (ten dollars) to the owner for the first offense; $15
(fifteen dollars) for the second offense; $25 (twenty-five dollars) for the
third offense; $50 (fifty dollars) for the fourth offense; and $75
(seventy-five dollars) for the fifth and subsequent offenses. Each violation of
this by-law shall be deemed to be a separate offense.
13-2-7-4. Dog Excrement and Removal. No owner shall permit a dog to defecate upon public sidewalks, streets,
beaches, or Town-owned land or structures without immediately and permanently
removing the excrement therefrom, nor shall said person permit such excrement
to remain on private property without consent of the owner or occupant of same.
A non-criminal disposition penalty will be assessed in the amount of $100 (one
hundred dollars) to the owner for the first offense; $200 (two hundred dollars)
for the second offense; and $300 (three hundred dollars) for the third and subsequent
offenses.
13-2-7-5. Licensing. In addition to any other information required for a dog license, an applicant
must provide the Town Clerk with the applicant's name, address, and signature.
The Town Clerk shall, when providing or otherwise making available the license
application, include a copy of this by-law and a map indicating off-leash areas
therewith, and the required applicant's signature shall constitute a
certification that the applicant has received, read, and understood the text of
this by-law.
13-2-7-6. Amendments to Off-Leash Areas. The locations, times,
and dates of Town-owned off-leash areas may be amended by vote of the Board of
Selectmen after public hearing and notice thereon. Such notice shall be
advertised at least once in a local newspaper no less than fourteen (14) days
prior to the hearing.
13-2-7-7. Loss of Off-Leash Privileges to Specific Dogs. The
Chief of Police is authorized under this by-law to determine, in the interests
of public safety and health, whether an individual dog must be restrained at
all times on public property and off-leash areas. If the Chief of Police so
determines, notice of such decision to prohibit an individual dog from all
off-leash privileges within the Town shall be communicated in the most
immediate manner possible and shall be mailed to the dog's owner of record. On
any subsequent occasion when such dog is determined to be in violation of the
Chief of Police's decision, a non-criminal disposition penalty will be assessed
in the amount of $75 (seventy-five dollars).
And further by adding a new section 13-2-7.1, Horses and Other Animals to read
as follows:
13-2-7.1. HORSES AND OTHER ANIMALS. No owner or person having care or
control of any horse shall permit the animal to run at large, nor shall the
person having control of any animal allow said animal to defecate upon public
sidewalks, streets, beaches, Town-owned land or structures without immediately
and permanently removing the excrement therefrom, nor shall said person allow
such excrement to remain on private property without consent of the owner or
occupant of same. A non-criminal disposition penalty will be assessed of ten
dollars ($10) to the owner and/or responsible party for the first offense,
fifteen dollars ($15) for the second offense, twenty-five dollars ($25) for the
third offense, fifty dollars ($50) for the fourth offense and seventy-five dollars
($75) for the fifth and subsequent offenses. Each violation of this by-law
shall be deemed to be a separate offense.
Article
12. General By-law Amendment: §13-2-6-4. Noise - Waivers. Amend §13-2-6 Excessive musical and other
noise, by adding a new section 13-2-6-4, Waivers, to read as follows:
13-2-6-4 The Licensing Board may waive any part of this
Noise Control bylaw for a temporary licensed public event if, in the judgment
and discretion of the Licensing Board, the noise that the event will create in excess
of the noise level limits established under the Noise Control bylaw is offset
by the benefits of the event to the participants or the public and the noise of
the event will not cause undue hardship or disturbance to the surrounding
area. Events covered by this bylaw will not extend beyond midnight nor
begin prior to 10 A.M. The Licensing Board can stipulate any time it deems
appropriate within this time frame depending on the expected noise level and
impact on surrounding area. Residential private parties limited to
invitation only are not affected by this bylaw, as they are not licensed by the
Licensing Board. They are still governed as to noise or nuisance stipulations
of these bylaws under 13-1-2 and 13-2-6. The Licensing Board may impose, on
the grant of a temporary waiver, terms and conditions appropriate to reduce the
impact of the noise level exception. An application for a temporary waiver
shall be filed with the Town Clerk. The applicant shall certify that
notice of such temporary waiver application has been provided to all properties
contiguous, or likely to be affected by the event, to the property where the
event will occur. The applicant must also place a notice in the local media
advising of the request for waiver at least two weeks prior to any hearing on
the waiver by the Licensing Board. The applicant shall further certify
that the Police Department has been consulted with respect to the event and has
approved as to form the application for a waiver with the understanding that
once the event is in process, complaints could arise necessitating action on
the part of the Police, i.e., immediate consultation with the applicant to
ameliorate the sound conditions if the complaints are numerous and clearly
justified in the discretionary opinion of the responding Police. The
application for a temporary waiver affects all public events likely to produce
sound levels that will affect the average person in a negative manner and in no
instance will a waiver application be considered by the Licensing Board less
than 60 days preceding any event. Applicants may receive more than one
waiver in a year but the Licensing Board may recall any applications during the
event year if complaints exceed the benefit to the public as determined by the
Licensing Board as advised by the Police Department. The Licensing Board
may suspend, modify or revoke any temporary waiver if it determines that an
applicant has violated the terms or conditions of the waiver.
Article
13. General By-law Amendment: §13-2-9. No camping from 8 p.m. to 8 a.m. Amend §13-2-9 to reads as follows:
13-2-9 Between
one half hour after sunset and one half hour before sunrise 8 p.m. and 8 a.m.,
no person shall: (1) set up and or sleep in a camp or tent, or (2) sleep in the
open, or (3) sleep in or on a wheeled vehicle either adapted or not for
habitation (self-propelled or capable of being towed) on public property or on
private property not licensed as a campground under MGL Chapter 140, section
32B.
Article
14. General By-law Amendment: §11-8. Fire Protective Signaling Systems and
Automatic Fire Detection Systems. Delete §1-8 “Automatic-dialing mechanical protection device” and
insert in place thereof the following:
11-8 Automatic-dialing mechanical protection devices
and fire protective signaling systems and automatic fire detection systems.
11-8-1 Permission required. No person shall
install, maintain or use a protection device that automatically activates the
telephone lines of the Police or Fire departments, without written permission
from the Commissioner of Public Safety or his delegate and any other permission
required, including, but not limited to, a building permit under 780 CMR 110.1
and 780 CMR 917 and 918 and any other permits or approvals that may be
required.
11-8-2 [disapproved]
11-8-3 Shut off device. All alarm systems
installed with an outside audible alarm shall be equipped with a device that
will shut off the signal within fifteen minutes after the activation of the
alarm.
11-8-4 Identification system. Alarms directly
connected to the Police Department shall be connected in such a manner that the
signal transmitted specifically identifies either fire, burglar or line.
11-8-5 False alarms. The activation of an
alarm by error or malfunction shall constitute a violation of this by-law.
11-8-6 Fines. The owner or person in charge of a
building or structure who fails to comply with this by-law shall be provided
with written notice of non-compliance from the Police Department or Fire
Department. Any owner or person in charge of a building or structure who
fails to comply with this by-law within 10 business days of written notice of
non-compliance shall be punished by a fine prescribed in the following manner
under G.L. c.40, §21D. A non-criminal disposition penalty of a warning for
the first through third offenses and a fine of $15 dollars for the fourth
offense and each offense thereafter shall be imposed for false alarm violations
under §11-8-5. A non-criminal disposition penalty of $300 for each offense
shall be imposed for failure to timely comply with the requirements of §11-8-2.
Greta N. Holman
Provincetown Town
Clerk