[HISTORY: Adopted by the Special Town Meeting
of the Town of Harwich 5-5-2009 by Art. 1. Amendments noted where applicable.]
[Amended 5-3-2010 ATM by Art. 66]
There is hereby established an Historic District
and Historical Commission under the provisions of the Historic Districts
Act, MGL c. 40C, consisting of seven members and five alternate members,
appointed by the Selectmen, including one member, where possible,
from two nominees submitted by the Harwich Historic District and Historical
Commission, one member, where possible, from two nominees, one of
whom shall be submitted by the Massachusetts state chapter of the
American Institute of Architects and one member, where possible, from
two nominees of the Board of Realtors covering the Town of Harwich.
One or more of the foregoing shall be a resident of an historic district
established in Harwich pursuant to the Historic Districts Act. When
the Commission is first established, three members shall be appointed
for a term of one year, two shall be appointed for a term of two years,
and two shall be appointed in like manner for three years, and their
successors shall be appointed in like manner for terms of three years.
When the Commission is first established, one alternate member shall
be appointed for a term of one year, two alternate members shall be
appointed for a term of two years, and two alternate members shall
be appointed for a term of three years, and their successors shall
be appointed in like manner for terms of three years.
There is hereby established an Historic District
under the provisions of the Historic Districts Act, MGL c. 40C, which
district is shown on a plan titled "Town of Harwich Existing and Proposed
Addition to the Historic District," dated November 1972, scale one
inch equals 100 feet, Martin E. Moran, Town Engineer, a copy of which
is on file at the Town Clerk's office.
[Amended 5-3-2010 ATM by Art. 66]
The Historic District and Historical Commission
shall have all the powers and duties of historic district commissions
as provided by the Historic Districts Act, MGL c. 40C, and subsequent
amendments thereto.
[Amended 5-3-2010 ATM by Art. 66]
When taking action under the provisions of the
second paragraph of Section 7 of the Historic Districts Act, MGL c.
40C, the Historic District and Historical Commission shall make a
determination within 30 days after the filing of the application for
a certificate of appropriateness, or such further time as the applicant
may, in writing, allow.
In case any section, paragraph or part of this
bylaw is, 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.
[Amended 5-3-2010 ATM by Art. 66]
It is the purpose of this bylaw to promote protection of the historical, cultural and architectural heritage of the Town by preserving from demolition whenever possible historically significant buildings by affording the Historic District and Historical Commission established by the Charter, Chapter
7, Section 9, and other interested parties an opportunity to explore and develop with the owners of such buildings acceptable alternatives to demolition.
For the purpose of this bylaw, historically
significant buildings are buildings constructed prior to 100 years
before the present calendar year which:
A. Are listed either on the National Registry of Historic
Places or the Massachusetts Register of Historic Places;
B. Are directly associated with one or more historically
noteworthy persons or events or with the political, cultural, economic
or social history of the Town;
C. Possess particular architectural value or significance
as representative of a recognized architectural style or period or
due to the method of construction or materials used or by virtue of
association with an historically noteworthy architect; or
D. Are listed on a register of historically significant
buildings developed in accordance with these standards and maintained
by the Historic District and Historical Commission.
[Amended 5-3-2010 ATM by Art. 66]
A. Before any building constructed prior to 100 years
before the present calendar year is demolished in whole or in part,
a notice of intent to do so will be filed with the Commission.
B. The notice of intent will be in the form provided
by the Commission and shall be deemed filed when the completed form
with the required number of copies and filing fee established by the
Commission has been deposited both in the office of the Town Clerk
and in the office of the Building Official.
A. Within 45 days of said filing, the Commission shall
hold a public hearing to determine the degree of historical significance,
if any, of the subject building and, if deemed to be historically
significant, explore alternatives to demolition.
B. Notice of the time, place and subject matter of hearings
hereunder shall be given by publication in a newspaper of general
circulation in the Town once each week for two successive weeks, the
first notice to appear 14 days at least before the day of the hearing
(including the day of publication and excluding the day of the hearing),
and by mailing a notice of hearing to the owner or applicant, all
abuttors to the subject property, the Planning Board of the Town,
the Historic District and Historical Commission, the Harwich Historical
Society, the Conservation Commission and the Selectmen and such other
persons as the Commission may determine.
[Amended 5-3-2010 ATM by Art. 66]
If after hearing the Commission determines the
building in question is not historically significant, or if the Commission
determines in a case where less than complete demolition is proposed
that the proposed work will not destroy or substantially diminish
the historical significance of the structure, it shall within seven
days of said hearing so notify the owner or applicant and the Building
Official and shall also file a record of its findings with the Town
Clerk in a form suitable for recording at the Registry of Deeds. Thereafter,
necessary permits to authorize work may be applied for. A finding
of nonsignificance hereunder shall be conclusive on all parties.
[Amended 5-2-2011 ATM by Art. 42]
If after hearing the Commission determines that
the building in question is historically significant and the proposed
work would destroy or substantially diminish its historic value, it
is empowered to impose a demolition delay of up to one year from the
date of said determination and may schedule additional hearings during
any such delay period to allow an opportunity to develop alternatives
to demolition and the ability to reduce or rescind the delay period
if such alternatives are considered not feasible.
If as a result of the Commission's review acceptable
alternatives to demolition are developed, the Commission is empowered
to enter into an agreement with the owner of the building in question
which reflects the alternatives which have been agreed to and where
appropriate establishes a time period for implementation of said alternatives.
A copy of said agreement shall be filed with the Town Clerk and Building
Official. Thereafter, no work in connection with the building shall
be done except in accordance with the terms of said agreement unless
and until a new notice of intent is filed and processed hereunder.
If at the end of a Commission-mandated delay
no alternatives have been agreed to by the applicant, the Commission
shall within seven days so notify the Town Clerk and the Building
Official and the applicant shall be entitled to apply for all necessary
permits to allow the work as described in the notice of intent.
Any person legal or natural who demolishes in
whole or in part any building constructed prior to 100 years before
the present calendar year without first complying with the terms and
provisions of this bylaw shall be subject to a fine of $300. Each
day any work continues in violation hereof shall constitute a separate
offense. In addition to said penalty, the enforcing official shall
be entitled to pursue appropriate action seeking injunctive relief
to enjoin and restrain violation hereof.
The Building Official shall be authorized to
enforce the provisions of this bylaw.
The provisions of this bylaw shall not apply
to the Building Official if pursuant to other applicable provisions
of law said Inspector orders the demolition of an unsafe building
to abate a threat to the public safety, nor shall it apply to persons
acting pursuant to such an order.
If any provision of this bylaw is determined
to be invalid or unconstitutional by any court of competent jurisdiction,
said determination shall not affect the validity of any other section
hereof.
If any provision hereof conflicts with any provision
of the General Laws of the commonwealth, the provisions of the General
Laws shall prevail.