This bylaw shall be known and may be cited as the "Eastham Historic
District Bylaw" and is adopted pursuant to Chapter 40C of the General Laws
of the Commonwealth of Massachusetts, as amended.
The purpose of this bylaw is to promote the educational, cultural, economic
and general welfare of the public through the preservation and protection
of the distinctive characteristics of buildings and places significant in
the history of the Town of Eastham or their architecture, and through the
maintenance and improvement of settings for such buildings and places and
the encouragement of design compatible therewith.
There is hereby established under the provisions of Chapter 40C of the
General Laws an historic district to be known to the "Old Town Centre Historic
District" which district shall be bounded as shown on map entitled "Old Town
Centre Historic District," 1986, attached and made part of this bylaw.
The Historic District Commission shall have all the powers and duties
of Historic District Commissions as provided by the Historic Districts Act,
MGL C. 40C, and of subsequent amendments thereto unless specifically limited
by this bylaw.
A. Rules and regulations. The Commission may adopt rules
and regulations not inconsistent with the provisions of the Historic District
Act.
B. The Commission may, subject to appropriation, employ
clerical and technical assistants or consultants and incur other expenses
appropriate to the carrying on of its work.
C. The Commission shall have control over new construction,
reconstruction, alterations, movements and demolitions of all exterior architectural
features of buildings and structures within the Historic District which are
visible from any public street, public way or public park (within the Historic
District) except as limited by this bylaw. The term "structure" includes stone
walls, fences and appurtenant fixtures on lots, buildings or structures. For
purposes of this bylaw, any structure partially within the Historic District
shall be considered wholly within the district.
[Amended 10-5-1987 STM by Art. 9]
D. Considerations. In passing upon matters before it, the
Commission shall consider, among other things, the historic and architectural
value and significance of the site, building or structure, the general design
arrangement of the features involved, and the relation of such features to
similar features of building and structures in the surrounding area. In the
case of new construction or additions to existing buildings or structures,
the Commission shall consider the appropriateness of the size and shape of
the building or structure both in relation to the land area upon which the
building or structure is situated and to buildings and structures in the vicinity,
and the Commission may, in appropriate cases, impose dimensional and setback
requirements in addition to those required by applicable Zoning Bylaws.
E. The Commission may determine from time to time after
public hearing that certain categories of exterior architectural features
or structures may be constructed or altered without review by the Commission.
An applicant may, within 20 days of the filing of the decision of the
Commission with the Town Clerk, appeal to a superior court. The Commission
must pay costs only if it appears to the court that the Commission has acted
with gross negligence, bad faith or malice.
Violation of any of the provisions of this bylaw shall incur a fine
of not less than $10 nor more than $500, each day constituting a separate
offense.
The Town of Eastham shall be subject to the provisions of this bylaw
notwithstanding any Town bylaw to the contrary.
This bylaw may be amended from tine to time by a two-thirds vote of
the Town Meeting subject to the procedures as set forth in MGL C. 40C, § 3.
In case any section, paragraph or part of this bylaw be for any reason
declared invalid or unconstitutional by any court of last resort, every other
section, paragraph or part shall continue in full force and effect.
Following Town Meeting approval, this bylaw takes effect immediately
when the following conditions have been met:
A. Approval by the Attorney General of the Commonwealth.
B. Filing of a map of the boundaries of the Historic District with
the Eastham Town Clerk, the Eastham Building Inspector and the Registry of
Deeds for Barnstable County.