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.
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:
15-2-1
Alteration, to Alter The act or the fact of
rebuilding, reconstruction, restoration, renovating, remodeling, replication,
removal, demolition, or other similar activities.
15-2-2 Building.
A combination of materials forming a shelter
for persons, animals or property.
15-2-3
Certificate. A Certificate of Appropriateness,
a Certificate of Non-Applicability, or a Certificate of Hardship as set forth
in this Bylaw.
15-2-4 Commission. The Provincetown Historic District Commission
15-2-5 Construct, to Construct. The act or the fact of building,
erecting, installing, enlarging, moving and other similar activities.
15-2-6 District. The Provincetown Historic District as established by this Bylaw.
15-2-7 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.
15-2-8 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.
15-2-9 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.
15-2-10 Structure. A combination of materials other than a Building, including but not limited to a fence, deck, wall, terrace, or walk.
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.
15-4-1 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.
15-4-2
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.
15-4-3 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.
15-4-4
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.
15-4-5 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.
15-4-6 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.
15-4-7
Quorum: Three
members of the Commission shall constitute a quorum.
15-5-1 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.
15-5-2 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.
15-5-3
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.
15-5-4 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.
15-5-5 Records: Record keeping shall be maintained as required by State law.
15-5-6 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.
15-6-1
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.
15-6-2 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.
15-7-1
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.
15-7-2
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.
15-7-3 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.
15-7-4
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.
15-7-5
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.
15-7-6
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.
15-7-7
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.
15-7-8 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.
15-7-9 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).
15-7-10
Appeals: 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.
15-8-1 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.
15-8-2 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.
15-9-1 Categorical Exclusions: The Commission shall exclude from its purview the following:
15-9-1-1 Maintenance and repairs that do not alter or replace material, as defined in Section 9.2.
15-9-1-2 The color of paint.
15-9-1-3 Exterior
lighting.
15-9-1-4 Gutters and downspouts.
15-9-1-5 Signage.
15-9-1-6 Storm windows and window air conditioners.
15-9-1-7 Satellite antennae, or similar equipment, provided they are located to minimize visibility from a Public Way.
15-9-1-8 Temporary
Buildings or Structures subject, however, to conditions pertaining to the
duration of existence and use, as the Commission may reasonably specify.
15-9-1-9 Terraces,
walks, sidewalks and similar structures, provided that any such Structure is
substantially at grade level.
15-9-1-10 Flagpoles, sculpture, mailboxes (freestanding or
attached), window boxes, house numbers, and garden furniture.
15-9-1-11 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.
15-9-1-12 Piers/Wharves: Additions and alterations to piers and
wharves, including all mechanical and maritime-related Structures and
equipment, are exempt from review.
15-9-1-13 Cemeteries: All cemetery Structures are exempt except
Buildings and fences.
15-9-1-14
Plant material and
trees.
15-9-2 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.
15-9-3
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.
15-10-1 Violations: