[Adopted 4-7-1994 (Art. LVI of Ch. III of
the General Ordinances as updated through 7-7-2003)]
This article shall be known as and may be cited
as the "Barnstable Historic Landmark Ordinance."
This article is enacted pursuant to authority
derived from Section 6 of the Home Rule Amendment to the Constitution
of the Commonwealth of Massachusetts, and Charter of the Town of Barnstable.
The purpose of this article is to promote the
educational, cultural, economic and general welfare of the public
through the preservation and protection of the distinctive characteristics
of structures and landscapes significant in the history or architecture
of Barnstable, and through the maintenance and improvement of settings
for such structures and landscapes.
For purposes of this article, the following
words shall have the following meanings:
Changed in exterior color or appearance, rebuilt, reconstructed,
restored, removed, or remodelled.
A combination of materials forming a shelter for persons,
animals, or property.
The municipal historical commission established under § 8D of Chapter 40 of the General Laws.
Built, erected, installed, enlarged, or moved.
Destroyed or altered in such a substantial manner as to constitute
destruction.
A portion of the exterior of a building or structure as is
open to view from a public street, public way, public park, or public
body of water or is identified for preservation in an ordinance establishing
a district or landmark, including but not limited to the 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 exterior surfaces and the type and style
of windows, doors, lights, signs, and other appurtenant exterior fixtures.
Any structure or landscape as established in accordance with § 112-12.
A streetscape or an arrangement of land for human use and
enjoyment, including placement of structures, vehicular and pedestrianways,
and plantings.
The applicant, an owner of adjoining property, an owner of
property within the same historic district or of property within 100
feet of the property lines of the property subject of the application,
and any charitable corporation having as one of its purposes the preservation
of historic buildings or places.
A combination of materials including, but not limited to,
a building, bridge, tower or other engineering work, sign, fence,
wall, terrace, walk, or driveway.
A.
The Commission by majority vote may recommend for
designation as a landmark any property owned by the Town, and any
other property within the Town with the consent of the owner thereof,
being or containing a structure or landscape which it determines to
be either (a) importantly associated with one or more historic persons
or events, or with the broad architectural, aesthetic, cultural, political
economic, or social history of the Town or the Commonwealth, or (b)
historically or architecturally significant (in terms of period, style,
method of construction, or association with a famous architect or
builder) either by itself or in the context of a group of structures
and may recommend amendments to any designation of landmark theretofor
made.
B.
Prior to the recommendation of designation or amendment
of designation of any landmark, an investigation and report on the
historical, architectural and other relevant significance thereof
shall be made by the Commission. The report shall recommend the boundaries
of any proposed landmark and shall recommend for incorporation in
the order of the Town Council designating each landmark general and/or
specific standards and appropriate criteria consistent with the purposes
of this article and all provisions herein.
C.
Any 10 registered voters of the Town may petition
that the Commission initiate, or the Commission on its own may initiate,
the process of designating a landmark or amending or rescinding any
such designation theretofor made. The Commission shall within 45 days
following the filing of such request or petition hold a preliminary
hearing and arrange for preparation of a report which in the case
of such a voter petition shall be prepared by such voters unless the
petitioners and the Commission elect otherwise. The Commission shall
not reconsider a proposed designation, amendment or rescission of
designation within one year of its previous hearing thereon, unless
2/3 of the Commission's members vote to do so. No less than 45 nor
more than 60 days after the transmittal of a report to the Commission
pertaining to a proposed designation, the Commission shall hold a
public hearing. The Commission shall give not less than 14 days notice
of such public hearing by publication in a newspaper of general circulation
in Barnstable and by mailing notice thereof to the owner of the proposed
landmark and to every property owner abutting the proposed landmark
(each such owner to be determined from the then current records of
the Assessing Department), and to the Town Council, the Planning Board,
and the Town Clerk.
D.
Prior to the public hearing, the Commission shall
transmit copies of the report to the Planning Board for its consideration
and recommendations.
E.
The recommendations of the Commission with regard to any designation, amendment or rescission shall be transmitted to the Town Council and to the Town Clerk with a copy of the approved designation report. Designation of a landmark or amendment or rescission of previous designation shall be by order of the Town Council. In the case of a designation, the order shall include a statement of the reasons for such designation and a statement of the standards which the Commission is to apply under §§ 112-13 through 17 herein.
F.
No designation, amendment or rescission of designation
shall become effective until a map setting forth the boundaries of
the landmark or change in the boundaries thereof has been filed with
the Town Council and has been recorded with the Registry of Deeds
for Barnstable County.
A.
Except as the order designating or amending a landmark
may otherwise provide in accordance with this section, the Commission
shall review all construction, demolition or alteration that affects
the exterior architectural features of any landmark.
B.
The order designating or amending a landmark may provide
that the authority of the Commission shall not extend to the review
of one or more of the following categories of structures or exterior
architectural features of a landmark in which event the structures
or exterior architectural features so excluded may be constructed
or altered without review by the Commission.
(1)
Temporary structures or signs, subject, however, to
such conditions as duration of use, location, lighting, removal and
similar matters as the Commission may reasonable specify.
(2)
Terraces, walkways, driveways, sidewalks, and similar
elements, or anyone or none of them, provided that any such element
is substantially at grade level.
(3)
Walls and fences, or either of them.
(4)
Storm doors and windows, screens, air conditioners,
(5)
Lighting fixtures, antennae and similar appurtenances,
or any one or more of them.
(6)
The color of paint.
(7)
The color of materials used on roofs.
(8)
Signs of not more than one square foot in area in
connection with use of a residence for a customary home occupation
or for professional purposes, provided only one such sign is displayed
in connection with each residence and if illuminated is illuminated
only indirectly; and one sign in connection with the nonresidential
use of each building or structure which is not more than four square
feet in area, consists of letters painted on wood without symbol or
trademark and if illuminated is illuminated only indirectly; or either
of them.
(9)
The reconstruction, substantially similar in exterior
design, of a building, structure or exterior architectural feature
damaged or destroyed by fire, storm or other disaster, provided such
reconstruction is commenced within one year thereafter and carried
forward with due diligence.
C.
Unless such action is inconsistent with the provisions
of a specific order, the Commission may determine from time to time
after a public hearing that certain categories of exterior architectural
features or structures, including, without limitation, any of those
enumerated in this section, may be constructed or altered without
review by the Commission without causing substantial derogations from
the intent and purposes of this article.
Nothing in this article shall be construed to
prevent the ordinary maintenance, repair or replacement of any exterior
architectural feature of a landmark which does not involve a change
in design or material or the outward appearance thereof, nor to prevent
landscaping with plants, trees or shrubs, nor construed to prevent
compliance with requirements certified by a duly authorized public
officer to be necessary for public safety because of an unsafe or
dangerous condition, nor construed to prevent any construction or
alteration under a permit duly issued prior to the effective date
of the order which designated that landmark, nor construed to prevent
the reconstruction, substantially similar in exterior design, of a
structure or exterior architectural feature damaged by fire, storm
or other disaster, provided such reconstruction is commenced within
one year thereafter and carried forth with due diligence.
A.
Except as the order designating or amending a landmark
may otherwise provide, no landmark shall be constructed or altered
in any way that affects exterior architectural features unless the
Commission shall have first issued a certificate of appropriateness,
a certificate of nonapplicability or a certificate of hardship with
respect to such construction or alteration.
B.
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, together with such plans,
elevations, specifications, materials and other information, including
in the case of demolition or removal a statement of the proposed condition
and appearance of the property thereafter, as may be reasonably deemed
necessary by the Commission to enable it to make a determination on
the application.
C.
No building permit for alteration of an exterior architectural
feature of a landmark or construction of a structure feature and no
demolition permit for demolition or removal of a landmark shall be
issued by the Town or any department thereof until the certificate
required by this section has been issued by the Commission.
A.
In rendering a decision on an application as described
herein, the Commission shall consider, among other factors, the historic
and architectural value and significance of the landmark, the general
design, arrangement, texture and material of the features involved,
and the relation of such features to similar features in the surrounding
area. In the case of new construction or additions to existing structures
the Commission shall consider the appropriateness of the size and
shape of the landmark both in relation to the land area upon which
the landmark is situated and to other structures in the vicinity,
and the Commission may impose dimensional and setback requirements
in addition to those required by an applicable provision of a zoning
ordinance. A Commission shall not consider interior arrangements or
architectural features not subject to public view.
B.
The Commission shall not make any recommendation or
requirement except for the purpose of preventing developments incongruous
to the historic aspects, architectural significance or the distinctive
character of the landmark.
The Commission shall have the powers, functions
and duties with respect to each landmark as is provided historic district
commissions under Clauses (a) through (g) of § 10 of Chapter
40C of the General Laws with respect to historic districts, including
without limitation with respect to approval and disapproval of certificates
of appropriateness, nonapplicability and hardship, the dating and
signing of such certificates, the keeping of records and adoption
of rules and regulations, the filing with the Town Clerk and Building
Department of certificates and determinations of disapproval by it,
and the determination of designs of appurtenances which will meet
the requirements of the landmark.
The Commission shall adopt rules for the reasonable
conduct of meetings and public hearings, which rules shall not be
inconsistent with the procedures provided for meetings of and hearings
by the historic district commissions under § 11 of Chapter
40C of the General Laws. In the absence of the adoption of any such
rules, meetings and public hearings of the Commission shall be in
conformity with the provisions of § 11 of Chapter 40C applicable
to historic district commissions.
A.
Any person aggrieved by a designation, amendment or
rescission of a landmark or a decision on an application for a certificate
may file a written appeal with the Commission for a review by a person
or persons of competence and experience in such matters, designated
by the Town Council. The appeal must be filed within 21 days of the
filing of the Commission's action with the Town Clerk. The reviewing
authority, after due and proper notice, shall conduct a hearing on
the Commission's action and either affirm, modify or rescind said
action.
B.
Any person aggrieved by a decision of the reviewing
authority concerning such an appeal may seek further review in the
Superior Court within 30 days of a formal decision or within 60 days
of the filing of the appeal if the reviewing authority fails to act.
Such review shall be made in the same manner as provided in § 12A
of Chapter 40C of the General Laws.
The Commission is specifically authorized to
institute any and all actions in court, including an action for injunctive
relief, as deemed necessary and appropriate to obtain compliance with
the requirements of any section of this article or to prevent a threatened
violation thereof. Any violation of this article may be punished to
the like extent provided in § 13 of Chapter 40C of the General
Laws for a violation of said chapter, except that no such fine shall
exceed $300. In addition to the foregoing, no building permit shall
be issued, with respect to any premises upon which a landmark has
been voluntarily demolished otherwise than pursuant to a certificate
granted after compliance with the provisions of this article, for
a period of two years after the date of the completion of such demolition.
(The word "premises" for the purpose of this sentence refers to the
parcel of land upon which the demolished structure was located and
all adjoining parcels of land under common ownership or control.)
No provision of this article shall alter or diminish the duties and functions of the Commission under the authority of Chapter 40, § 8D, or of a historic district commission established under the authority of Chapter 40C of the General Laws, or restrict the establishment of any additional historic district under said Chapter 40C.
The provisions of this article are severable.
If any provision shall be held to be invalid or unconstitutional by
any court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
