[Adopted 10-3-1996 by Order No. 97-014B (Art.
LX of Ch. III of the General Ordinances as updated through 7-7-2003)]
This article shall be known and may be cited
as the "Hyannis Main Street Waterfront Historic District Ordinance."
It is adopted pursuant to Chapter 40C of the General Laws of the Commonwealth
of Massachusetts, as amended.
The purpose of this article is to promote the
educational, cultural, economic and general welfare of the inhabitants
of the Town of Barnstable, and the Town's unique community character,
through the preservation and protection of the distinctive characteristics
of buildings, structures, and places significant in the history and
architecture of Barnstable, and through the preservation, maintenance
and improvement of appropriate settings for such buildings, structures,
and places, and the encouragement of new design which is compatible
with the existing historical and community character, and through
the benefits resulting to the economy of said Town by preserving and
enhancing the amenities and historical aspects of the various villages
and areas which make Barnstable a desirable place to live and for
tourists to visit.
As used in this article, the following terms
have the following meaning:
Changed in exterior color, or otherwise exteriorly changed,
rebuilt, reconstructed, restored, removed, and/or remodeled.
A combination of materials forming shelter for persons, animals
or property.
A certificate of appropriateness, a certificate of nonapplicability,
or a certificate of hardship as set forth in this article.
The Hyannis Main Street Waterfront Historic District Commission
acting under this article.
The Historic District Appeals Committee established by the
Town Council to act as an interim appeals body.
Built, erected, installed, enlarged, and/or moved.
A building, structure, or any portion thereof, that is pulled
down, destroyed, dismantled, removed, or razed in such a substantial
manner as to constitute destruction.
The historic area containing buildings, structures, settings,
and places as established in accordance with this article.
Such exterior portions of buildings, structures, and places
that are visible from public rights-of-way, including but not limited
to architectural style and general arrangement and setting thereof,
the kind, color, and texture of exterior building materials, the color
of paint or other materials applied to the exterior surfaces, and
the type and style of windows, doors, lights, signs and other appurtenant
exterior features.
An individual or corporation, a municipal agency, or an unincorporated
organization or association.
The applicant, an owner of adjoining property, an owner of
property within the same Historic District within 100 feet of the
property lines of the property subject to the application.
Ways open to and usable by the public.
Visible from a street, public way, public park, or public
body of water.
Both the natural and man-made aspects of the physical environment
and character of a historic property, including but not limited to
siting, relationship to surrounding features, topography, vegetation,
paths, roads, fences, and walls.
Any symbol, design or device used to identify or advertise
any place of business product, activity, or person.
A combination of materials other than a building, including
but not limited to a bridge, tower or other engineered work, sign,
fence, wall, terrace, walk, driveway, or pavement.
Building that shall not be in existence for a period of more
than two years, and a structure not to be in existence for a period
of more than one year. The Commission may further limit the time periods
set forth herein as it deems appropriate.
There is hereby established a Historic District
in the Town of Barnstable to be known as the "Hyannis Main Street
Waterfront Historic District." It includes all of the land as shown
on the official map on file with the Town Clerk and at the Barnstable
County Registry of Deeds.
A.
There is hereby established in the Town of Barnstable
the Hyannis Main Street Waterfront Historic District Commission, hereinafter
called the "Commission" that shall be responsible for overseeing the
Historic District. It shall consist of seven unpaid members who shall
be appointed by the Town Council to serve for terms of three years.
The Commission shall have the powers and authority to perform all
the duties as hereinafter enumerated and provided, and those that
may be added from time to time.
B.
When the Commission is established, two members shall
be appointed for a term of one year, three shall be appointed for
terms of two years, and two shall be appointed for terms of three
years, and their successors shall be appointed for terms of three
years on a staggered basis.
C.
The Commission members shall include one member appointed
from two nominees of each of the following organizations: the Barnstable
Historical Commission, the Massachusetts State Chapter of the American
Institute of Architects, and the Cape Cod and Islands Board of Realtors
and four members who are residents and/or business operators from
the district. In the event that no nominations by one or another of
the above-named nominating groups have been received within 30 days
from the date of an invitation to nominate, the Town Council may make
the appointment to the Commission without such nomination. In addition,
to the extent possible, members should be appointed from among professionals
in the disciplines of architecture, history, architectural history,
planning, archaeology, or closely related fields. All Commission members
should have demonstrated special interest, competence, and/or knowledge
of community history, character, and historic preservation.
D.
Three alternate members may be appointed annually
by the Town Council as well, maintaining the same representation as
above. In the case of absence, inability to act, or unwillingness
to act because of self-interest on the part of any member of the Commission,
his or her place shall be taken by an alternate member designated
by Chairman.
E.
Each member and alternate member shall continue to
serve in office after the expiration date or his or her term until
a successor is duly appointed. Vacancies occurring in the Commission
other than by expiration of term shall be filled by appointment by
the Town Council for the remaining term of the member replaced.
F.
The Commission shall annually elect a Chairman and
Vice Chairman from among its principal members, and a secretary/clerk
from within its membership. In the case of the absence of the Chairman
from any meeting, the Vice Chairman shall preside.
G.
Meetings of the Commission shall be held at the call
of the Chairman, at the request of two members, or in such other manner
as the Commission shall determine in its rules and regulations. The
Open Meeting Law, Commonwealth of Massachusetts, Chapter 694 of the
Acts of 1986,[1] shall apply at all times. Four members shall constitute
a quorum.
[1]
Editor's Note: See MGL C. 39, § 23B.
A.
The Commission shall have the power, authority, and
duty to do and perform any and all acts which may be necessary or
desirable to carry out the purposes of this article. In addition,
the Commission shall have any such other powers, authority, and duties
as may be delegated or assigned to it from time to time by vote of
the Town Council. Nothing in this article shall supersede the authority
given to the Building Commissioner under the State Building Code.
B.
In exercising its powers and duties hereunder, the
Commission shall pay due regard to the distinctive characteristics
of each building, structure, site, and setting, and to the district
as a whole. For the purposes of this article, any structure partially
within the district shall be considered wholly within the district.
C.
The Commission shall, after a public hearing duly
posted at least 14 days in advance in a conspicuous place in Barnstable
Town Hall, adopt and amend guidelines which set forth design standards
and criteria for certain exterior architectural building and site
features which will meet the requirements of the district regarding
appropriateness. No such design guidelines shall limit the right of
an applicant for a certificate to present other designs to the Commission
for approval.
D.
The Commission may also determine from time to time,
after public hearing, that certain categories of exterior architectural
features, structures, or signs may be constructed or altered without
Commission review.
E.
The Commission may adopt and amend reasonable rules
and regulations not inconsistent with the General Laws, or with the
purpose of this article, and prescribe such forms and procedures as
it deems desirable and necessary for the regulation of its affairs,
and for the conduct of its business, including requirements for the
contents and form of applications for certificates, hearing procedures,
and other matters. The Commission shall file a copy of said rules
with the Town Clerk.
F.
The Commission may advise and coordinate with the
Town Manager and other agencies of Town government under the Town
Charter with respect to:
(1)
Employment of clerical, technical assistance/consultants;
(2)
Apply for, accept, receive, and expend grants, gifts,
contributions, and bequests of funds from individuals, foundations,
and from federal, state, and other governmental bodies, and may expend
the same, for purpose of furthering the Commission's programs;
(3)
Imposition of reasonable fees to cover the cost associated
with the conduct of business as reviewed annually per the Town's general
ordinances.
G.
The Commission shall keep a permanent and accurate
record of its meetings, resolutions, transactions, and determinations,
including the vote of each member participating therein.
H.
The Commission may provide technical assistance to
property owners within the district, and to other Town residents,
on matters pertaining to historic preservation. The Commission may
also develop programs and publications that promote understanding
and support for district objectives.
A.
Except as this article may otherwise provide, no building,
structure, setting or part thereof within the district shall be constructed,
demolished, moved or altered in any way that affects any exterior
architectural feature subject to public view until the Commission
shall first have issued a certificate of appropriateness, certificate
of nonapplicability, or certificate of hardship with respect to such
construction, demolition, movement, or alteration.
B.
No building permit for the construction of any building
or structure or for the alteration of any exterior architectural feature
within the district which is subject to public view shall be issued
by the Town or any department thereof until a certificate of appropriateness,
certificate of nonapplicability, or certificate of hardship has been
issued by the Commission as required under this article, except that
the Building Commissioner may issue a temporary sign permit for a
period not to exceed 60 days for a temporary sign no larger than eight
square feet on a commercial premises, provided that size is in conformance
with the Town's Sign Code[1] and:
(1)
The applicant files a date-stamped copy of the application
for a certificate of appropriateness, certificate of nonapplicability,
or certificate of hardship from the Historic District Commission.
(2)
Should the Historic District Commission deny the application,
use of the temporary sign should not be permitted beyond the end of
the twenty-day appeal period of the decision made by the Historic
District Commission.
(3)
Should the applicant appeal the denial of the application,
and should the appeal be denied, use of the sign should no longer
be permitted as of the day on which the Appeals Committee makes this
decision.
C.
No permit for the demolition, razing, movement, or
removal of a building or structure, or parts thereof within the district
which is subject to public view shall be issued by the Town or any
department thereof until a certificate of appropriateness, certificate
of nonapplicability, or certificate of hardship has been issued by
the Commission as required under this article.
The Commission shall not make any recommendations
or requirements except for the purpose of preventing structural developments
obviously incongruous to the historical or architectural characteristics
of the area and the context of its surroundings. In addition, the
Commission shall exclude the following specific items from its purview:
A.
Consideration of interior arrangements or exterior
features not visible from a public way;
B.
Ordinary maintenance, repair, repainting, or replacement
of any exterior building or site feature within the district which
does not involve a change in design, material, color, or the outward
appearance thereof;
C.
Ordinary landscaping with plants, trees, or shrubs;
D.
Actions taken to meet requirements certified by a
duly authorized public officer to be necessary for public safety;
E.
Any construction or alteration under a permit duly
issued prior to the effective date of this article;
F.
Temporary structures for official celebrations or
charitable drives, or directly connected with permitted construction,
subject however, to conditions pertaining to the duration of existence
and use, location, lighting, removal, and similar matters as the Commission
may reasonably specify;
G.
Temporary signs subject however, to conditions pertaining
to the duration of existence and use, location, lighting, removal,
and similar matters as the Commission may reasonably specify including:
(1)
Those for use in connection with any official celebration,
parade, or any charitable drive, as long as they are removed within
two days of the termination of the event, provided that they are authorized
by the Building Inspector;
(3)
Special permit signs as allowed by the Town Zoning
Ordinance.
H.
The removal of any sign unless the sign is deemed
to contribute to the historic character of the district;
I.
The installation of storm doors without ornamentation,
storm windows, screens, gutters, and downspouts, provided they are
the same color as the building or building trim.
A.
Any person who desires to obtain a certificate from
the Commission shall file with the Commission an application for a
certificate of appropriateness, a certificate of nonapplicability,
or a certificate of hardship, as the case may be, in such form as
the Commission may reasonably determine. The application shall be
accompanied by such plans, elevations, specifications, photographs,
paint color samples, or other materials or information the Commission
deems necessary to make a determination on the application. In the
case of a demolition or removal, an evaluation of the property condition
and appearance shall be included. The date of the filing of an application
shall be the date on which a copy of such application is received
by the Commission.
B.
The Commission, or a delegate thereof, shall determine
promptly, and in all events within 14 days after the filing of an
application for a certificate of appropriateness, a certificate of
nonapplicability, or a certificate of hardship, as the case may be,
whether the application involves any exterior architectural or site
features that are subject to review by the Commission.
C.
If the Commission, or a delegate thereof, determines
that an application for a certificate does not involve any such exterior
architectural or site features, the Commission shall forthwith issue
a certificate of nonapplicability.
D.
If the Commission determines that such application
for a certificate does involve any exterior architectural or site
features subject to review under this article, the Commission shall
hold a public hearing on the application, except as may otherwise
be provided in this article, within 30 days of filing of the application.
At least 14 days before said public hearing, public notice of the
time, place, and purposes thereof shall be given by posting in a conspicuous
place in Town Hall, and by mailing a copy of said public notice, postage
prepaid, to the:
(1)
Applicant;
(2)
Owners of all adjoining property and other property
deemed by the Commission to be materially affected thereby as they
appear on the most recent real estate tax list of the Board of Assessors;
(3)
Planning Board;
(4)
Any person filing a written request for notice of
hearings, such request to be renewed yearly in December; and
(5)
Such other persons as the Commission shall deem entitled
to notice.
E.
As soon as convenient after such public hearing, but
in any event within 45 days after the filing of an application for
a certificate, or within such further time as the applicant may allow
in writing, the Commission shall make a determination on the application,
and issue a certificate or a disapproval. In the case of a disapproval
of an application for a certificate, the Commission shall set forth
in its disapproval the reasons for such determination. The Commission
may include in its disapproval specific recommendations for changes
in the applicant's proposal with respect to the appropriateness of
design, arrangement, texture, material, and similar features which
if made and filed with the Commission in a subsequent application,
would make the application acceptable to the Commission.
F.
Prior to the issuance of a disapproval of an application
for a certificate of appropriateness, the Commission may, at its sole
discretion, notify the applicant in writing of its proposed action
accompanied by specific recommendations of changes in the applicant's
proposal which, if made, would make the application acceptable to
the Commission. If within 30 days of the receipt of such notice the
applicant files a written modification of the application in conformity
with the recommended changes of the Commission, the Commission shall
issue a certificate of appropriateness.
G.
Certificates shall be issued upon a concurring vote
of a majority of the members of the Commission. Each certificate of
appropriateness, nonapplicability or hardship issued by the Commission
shall be dated and signed by its Chairman, Secretary, or such other
person designated by the Commission to sign such certificates on its
behalf.
H.
In issuing certificates, the Commission may, as it
deems appropriate, impose certain conditions and limitations and may
require architectural or plan modifications consistent with the intent
and purpose of this article.
I.
The Commission shall issue a certificate of appropriateness
based upon the application if it determines that the construction,
alteration, or demolition for which an application has been filed
will be appropriate for or compatible with the preservation or protection
of the district. Nothing herein shall prevent the Commission from
making recommendations for changes in the applicant's proposal, which
may include changes in design, arrangement, texture, material, and
similar features, that, if made, would make the application acceptable
to the Commission, and if the applicant so assents, including such
modifications in any certificate of appropriateness it may issue.
J.
The Commission shall issue a certificate of hardship
to the applicant if the Commission determines that: (1) owing to conditions
especially affecting the building, structure, setting, or place involved,
but not affecting the district generally, failure to approve an application
will involve a substantial hardship, financial or otherwise, to the
applicant; (2) such application may be approved without substantial
derogation from the intent and purpose of this chapter; and (3) the
application may be approved without substantial detriment to the public
welfare. If the Commission determines that owing to such conditions
failure to approve an application will involve substantial hardship
to the applicant and approval thereof may be made without such substantial
detriment or derogation, the Commission shall issue a certificate
of hardship.
K.
If the Commission fails to make a determination through issuance of a certificate of appropriateness or a disapproval within the time period specified in Subsection E (45 days), or within such further time as the applicant may allow in writing, the Commission shall thereupon issue a certificate of hardship due to failure to act.
L.
The Commission shall send a copy of its certificates
and determinations of disapproval to the applicant, and shall file
such copies with the offices of the Town Clerk, and the Building Commissioner.
The date of issuance of a certificate or determination of disapproval
shall be the date of the filing of a copy of such certificate or determination
of disapproval with the office of the Town Clerk.
A.
In deliberating on applications for certificates,
the Commission shall consider, among other things, the historical
and architectural value and significance of the site, building, structure,
setting, or place; the general exterior design, scale, color, placement
on the lot including dimensions and setback, arrangement, proportions,
texture, material of the building or structure; setting, topography,
landscaping, and general appearance of the feature(s) involved and
the relation of such feature(s) to similar features of buildings and
structures in the surrounding area; and the position of such buildings
or structures in relation to the streets or ways and to other buildings
or structures.
B.
In the case of new construction or additions to existing
buildings or structures the Commission shall consider the appropriateness
of the size, shape, and location of the building or structure, both
in relation to the land area upon which the building or structure
is situated and to buildings, structures, and general setting in the
vicinity.
C.
In cases of demolition or removal, the Commission
shall consider whether such demolition or removal of a building, structure,
setting, or site element whose architectural or historical significance
contributes to the historic character of the district would impair
the public interest and the general welfare of the people of Barnstable;
whether the demolition or removal of the building or structure would
undermine the purpose and intent of this article, whether the building
or structure has so deteriorated that preservation or restoration
is not structurally or economically feasible, provided that the owner's
self-created hardship or failure to maintain the property in good
repair shall not qualify as a basis for the issuance of a certificate
of hardship. The Commission may seek advise from individuals or organizations
in making these determinations.
D.
The Commission shall not make any recommendation or
requirement except for the purpose of preventing developments incongruous
to the historical aspects or the architectural and other physical
characteristics of the surroundings and of the district.
A.
Pursuant to Section 5-1 of the Town of Barnstable Home Rule Charter, there shall be established a Historic District Appeals Committee, hereinafter called the Committee, which shall consist of three members independent of the Commission appointed annually by the Town Council. The Committee shall include one member, where possible, from the Hyannis business community, one member, where possible, who is a resident of Hyannis, and one member, where possible, from the field of architecture or a related profession.
B.
Any person or persons aggrieved by a determination
of the Commission, or by its failure to act as specified in this article,
may, within 20 calendar days after the filing of such notice with
the Town Clerk, appeal to the Committee in writing. The Committee
shall hear all pertinent evidence and act upon such appeals within
30 calendar days after the filing of such appeal. The decision of
the Committee shall be determined by a majority vote of the Committee
members. If they determine that the Commission action is unsupported
by the evidence, or exceeds the authority of the Commission, they
may annul the Commission decision, or remand the case for further
action by the Commission. The findings of the Committee shall be binding
on the applicant and the Commission unless a further appeal is sought
in the Superior Court.
C.
Any person or persons aggrieved by a determination
of the Commission, or by its failure to act as specified in this article,
or by a finding of the Committee, may appeal to the Superior Court
sitting in equity for Barnstable County.
D.
Costs shall not be allowed against the Commission
or the Committee unless it shall appear to the court that the such
Commission or Committee acted with gross negligence, in bad faith,
or with malice in the matter from which the appeal was taken.
E.
Costs shall not be allowed against the party appealing
such decision of the Commission or Committee unless it shall appear
to the Court that the appellant acted in bad faith or with malice
in making the appeal to the Court.
A.
The Building Commissioner shall be charged with the
enforcement of this article.
B.
The Superior Court sitting in equity for Barnstable County has jurisdiction to enforce the provisions of this article and the rulings issued thereunder. Upon petition by the Commission or the Town Manager, said Court may restrain the applicant through injunction and without limitation may order the removal of any building, structure or exterior architectural feature constructed in violation thereof, or the substantial restoration of any building, structure or exterior architectural feature altered or demolished in violation thereof, and may issue such other orders for relief as may be equitable. Nothing in this chapter shall be construed to limit the Commission from pursuing other available remedies including those provided by § 21D of Chapter 40 of the General Laws.
C.
Any person who violates any of the provisions of this
article shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined $200, which shall be forfeited to the use of the Town.
Each day that a violation continues to exist shall constitute a separate
offense.
This article shall become effective upon appointment
of all members to the Commission and Committee and adoption of design
guidelines and the filing of the map showing the boundaries of the
district is filed with the Town Clerk and is recorded in the Registry
of Deeds for Barnstable County. The foregoing shall be implemented
not later than one year from adoption of this article by the Town
Council.
In case any provision, section, paragraph, or
part of this article be for any reason declared invalid or held unconstitutional
by any court of competent jurisdiction, every other provision, section,
paragraph or part shall continue in full force and effect.
