It is the intent of this bylaw to encourage and incentivize
the retention, preservation, creative reuse, change of use, or expansion
of use of existing historic structures to the extent possible.
HISTORIC STRUCTURES
Those structures located within the boundaries of the WHSD
and which are identified in the Town of Harwich Historic Properties
Inventory List. Additionally, the following properties, identified
by the street address and the Assessors Map and parcel, are also determined
to be historic structures for the purposes of this bylaw:
A.
5 Route 28 - Map 10 Parcel N1-A.
B.
21 Route 28 - Map 10 Parcel N5.
C.
45 Route 28 - Map 10 Parcel S4.
D.
55 Route 28 - Map 10 Parcel U1-A.
E.
126 Route 28 - Map 11 Parcel B5.
F.
76 Route 28 Map 10 Parcel F7-2.
G.
66 Route 28 - Map 10 Parcel F5.
H.
22 Route 28 - Map 10 Parcel C6.
PRINCIPLE BUILDING FACADE
The front plane of the building wall closest to the road
frontage, not including stoops, porches, or other appurtenances, and
measuring at least 25 feet in length.
For new construction or reuse or change of use of structure or building not identified as an historic structure, the following uses are conditionally allowed within the WHSD through the Planning Board as the special permit granting authority, provided the use does not conflict with the purpose of the district, and for some uses a site plan approval pursuant to §
325-55 and the provisions of §
325-158 shall be required:
B. Retail sales, greater than 1,000 square feet of gross floor area
and/or exterior space.
D. Mixed-use commercial/residential developments.
Any use not specifically allowed as of right or by special permit
within this District are prohibited. Within this District, use variances
shall be prohibited.
Any lawfully existing use of a structure or land that does not
conform to the provisions of this bylaw may continue.
Notwithstanding the provisions of M.G.L. c. 40A, and §
325-54 of the Harwich Zoning Bylaw, lawfully established structures and uses in existence as of December 4, 2019 that do not conform to the WHSD District Wide Development Standards may be changed, altered or expanded in conformance with §
325-159, Review standards and procedures.
A. A preexisting, nonconforming structure or use may change or expand up to 250 square feet of gross building footprint or exterior of building or site area through staff plan review in accordance with the provisions of §
325-159, provided it does not involve demolition of significant parts of an historic structure. Said application shall be made to the Planning Department and a written decision shall be rendered within 30 days of receipt. Said decision shall be consistent with the provisions of §
325-159 and may be appealed to the Planning Board with written notice within 10 days. Said decision shall be lapse two years from the date of issuance unless construction or operation under the approval has commenced.
B. A preexisting, nonconforming structure or use may change or expand up to 1,000 square feet of building footprint or exterior of building or site area or undergo a change of use in accordance with §
325-55F, Waivers, provided the following criteria are determined to be met:
(1)
There shall be no more than one curb cut on to Route 28 and
where practical, a driveway connection (shared driveway) shall be
provided to an adjacent property;
(2)
A landscaped area of at least 10 feet in depth shall be provided
and maintained on the subject property along its road frontage. Any
property with existing parking in front of the building will reduce
the size of said parking area by at least 20% and will provide screening
of said parking through landscape plantings and/or a low fence or
wall. No expansion of parking in the front yard area is permitted;
(3)
The specific change or expansion shall comply with all dimensional standards in the WHSD enumerated in §
325-159A; and
(4)
There shall be no demolition of an historic structure.
Said decision shall lapse two years from the date of issuance
unless construction or operation under the approval has commenced.
C. A preexisting nonconforming structure or use that proposes to change or expand more than 1,000 square feet of building footprint or exterior of building or site area requires site plan approval pursuant to §
325-55. The specific change or expansion shall comply with all dimensional standards in the WHSD pursuant to §
325-159A and
B.
For new construction site plan approval pursuant to §
325-55 and all dimensional requirements of §
325-159A and
B shall be required.
[Added 5-8-2021 ATM by Art. 39]
For the purpose of this section, the Harwich Planning Board,
after a public hearing, shall adopt "West Harwich Special District
Site and Architectural Design Guidelines," which shall constitute
rules and regulations guiding historic structures and new construction
within the WHSD.