Town of Provincetown
Public Notice
Amendments to the
Provincetown General By-Laws
April 2006 Annual Town
Meeting
Notice is hereby given that the following amendments to the Provincetown General By-Laws, as voted by the April 3, 2006 Annual Town Meeting, were approved by the Massachusetts Attorney General under MGL C.40§32 on July 10, 2006 and shall take effect on Thursday, July 27, 2006 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 Street., Provincetown, MA 02657, or on the town web site at www.provincetown-ma.gov.
Article 25. General By-law Amendment: Non-Criminal Disposition of Pier Corporation Regulations. To amend the Provincetown General By-laws by amending §2-3-1-1 to read as follows:
2-3-1-1. Any rule or regulation of the Provincetown Public Pier Corporation duly enacted as of April 3, 2006 shall be deemed a regulation of the Board of Selectmen. Violation of such rules or regulations may be enforced by any available means in law or equity, including but not limited to non-criminal disposition pursuant to G.L. c.40, §21D, and Sections 2-3-1 through 2-3-3 of the General By-laws. For the purposes of this by-law, the following officials shall be enforcing persons: the Harbormaster and his designees and any police officer of the Town of Provincetown.
And further by amending Section 2-1,
Schedule A, as follows:
2-3-2-1 Violations of the Provincetown Public Pier Corporation Regulations in Effect on April 3, 2006 (attached as Appendix 1 to Schedule A): 1st offense, $100.00; 2nd offense, $200.00; 3rd and subsequent offenses, $300.00
Article 26. General By-law Amendment: Town-owned Docking Facilities. To amend the Provincetown General By-laws by amending §9-6 to read as follows:
9-6. Use of town owned docking facilities. Pursuant to the 20-year lease for the management of MacMillan Pier, the Provincetown Public Pier Corporation may permit or license persons, partnerships, corporations, or other entities for operation from float spaces at MacMillan Pier and/or from any other town-owned or town-operated berthing or docking facilities. The terms of all such licenses shall be as determined by the Provincetown Public Pier Corporation. Applications for new licenses, licenses which are not renewed, and licenses which are revoked shall be solicited by public bidding in accordance with Section 6-4 or utilized by the Provincetown Public Pier Corporation for economic development consistent with Chapter 13 of the Acts of 2000 and Chapter 91 License 8621. The Provincetown Public Pier Corporation shall continue to license those entities which were licensed during the summer of 1986 provided that said entities have been properly licensed in each succeeding year since 1986, that complete applications are received by April 1 of the permit year and that said licensees shall have been and shall remain in good standing with all fees paid and in conformance with all applicable laws, bylaws, rules and regulations.
Article
27. General By-Law
Amendment: Historic District. To amend the Historic District by-law, Chapter 15, appendices 2c, 3, 5, 6,
10, and 12, so that it reads as follows:
2. GENERAL GUIDELINES
c. Deteriorated historic features significant to architectural style 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 or
finish.
c. Exterior lighting.
d. Gutters and downspouts.
e. Signage.
f. Storm
windows and window air conditioners.
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.
5. WINDOWS
a.
Unique architectural styles of structures may use types of windows that are
keeping in the style of architecture.
b.
Entirely new windows may be added provided they do not detract from the
historically accurate arrangement of windows.
c.
Windows determined to be significant by the commission may be restored at the
applicant’s request.
d. When the
applicant requests replacements, they can choose one of the following types of
sash, and this will be specified in the decision.
e. The
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 permanently
applied, must have an exterior three-dimensional profile of an appropriate
width.
f.
Glass may not have any deeper tinting than a manufactures normal Low-E coating
applied for energy efficiency.
g.
Replacement windows shall not frame down the historic window openings. Altered
window openings shall be returned as close to their historic dimensions as is
reasonable.
h.
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.
i.
Solid vinyl windows will be allowed in certain cases for non-significant
windows.
j.
Storm windows are permitted. These may be triple track aluminum with half
screens. Traditional removable interchangeable full storm window and screens
are also allowed and should approximate and or compliment in style, materiel,
and color, the window sash. Permanently applied half screens are also allowed
and should approximate and or compliment in style, materiel, and color, the
window sash.
k.
Shutters: When used, shutters shall be
made of wood or of a material, approved by the Commission, 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.
l.
Exterior window trim must duplicate or closely replicate the appropriate size
and architectural style of the structure. Alternative building materials that
are manufactured to resemble the original material may be permitted.
6.ENTRANCES/DOORS
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.
New doors may be added, or
existing doors moved, provided they do not detract from an original or
architecturally significant elevation.
In commercial entrances,
replacement doors must be compatible in design and material to the storefront,
or to the original style of the building.
6.1
Exemptions
If it is the determination of the
Building Commissioner that a doorway, vestibule, step or porch is a significant
means of egress and is currently not of a size or style to accommodate
emergency egress from the structure, than the size and style of door,
vestibule,
step or porch may be altered to comply with Massachusetts State Building Code
780 CMR Sixth Edition or its successors. Such alterations shall be in keeping
with the remaining intent of this bylaw.
10. COMMERCIAL STOREFRONTS
Historic or architecturally
significant storefronts shall be preserved or restored to the greatest extent
possible, while keeping in mind that public safety is of significant importance
and as such, alterations necessary to maximize safety as determined by the
Building Commissioner will be allowed. Said alterations shall be in keeping
with the intent of this bylaw. Alterations of other storefronts shall use materials and be of a design compatible to the overall character of
the historic commercial setting. 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.
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 will be approved on a case-by-case basis.
Doug Johnstone
Provincetown Town Clerk
Published:
Provincetown Banner July 20 & 27, 2006
Posted:
www.provincetown-ma.gov
7/17/06 9:00 am dj