Historic District And Historical Commission Meeting
Historic District and Historical Commission Agenda
732 Main Street, Harwich, MA
Wednesday, September 23, 2020, 6:00 PM
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Locate the Agenda Packet for the date of the hearing.
I. Call to order - Reading of the Certain Requirements for Public meetings
II. Public Meeting
A. Continued review and possible vote: Demolition Delay proposed amendments to
the Town Code Chapter 131, Historical Preservation, Article II - Historically Significant
Buildings - Jeanne Steiner.
B. West Harwich District of Critical Planning Concern (DCPC) Zoning By-Law and
possible vote.
C. Review of Community Preservation Commission (CPC) Articles for Annual Town
Meeting
D. CPC application deadlines for FY21 - Bob Doane
III. Adjourn
Subject to Change / Next HDHC Meeting – TBA
Authorized Posting Officer: Elaine Banta, Planning Assistant/Historic Support 508.430.7506
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DRAFT: Proposed Demolition Delay By Law Language for Harwich
This is based on the Sample Demolition Delay ByLaw-Age Based from
Massachusetts Historical Commission.
This language should be inserted under Article II. Historically Significant
Buildings in the Harwich Chapter 131. Historic Preservation
Title of Bylaw
Demolition Delay ByLaw for The Preservation of Historically Significant
Buildings
Intent and Purpose
This by-law is enacted for the purpose of preserving and protecting significant
buildings within the Town which constitute or reflect distinctive features of the
architectural, cultural, economic, political or social history of the town and to limit
the detrimental effect of demolition on the character of the town. Through this
bylaw, owners of preferably preserved buildings are encouraged to seek out
alternative options that will preserve, rehabilitate or restore such buildings and
residents of the town are alerted to impending demolitions of significant buildings.
By preserving and protecting significant buildings, streetscapes and
neighborhoods, this bylaw promotes the public welfare by making the town a more
attractive and desirable place in which to live and work. To achieve these purposes
the Historical Commission is authorized to advise the Building Inspector with
respect to demolition permit applications. The issuance of demolition permits is
regulated as provided by this by-law.
DEFINITIONS:
APPLICANT-Any person or entity who files an application for a demolition
permit. If the applicant is not the owner of the premises upon which the building is
situated, the owner must indicate on or with the application his/her assent to the
filing of the application.
APPLICATION-An application for the demolition of a building.
BUILDING-Any combination of materials forming a shelter for persons, animals,
or property.
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BUILDING OFFICIAL - The person occupying the office of Building
Commissioner or otherwise authorized to issue demolition permits.
COMMISSION – The Harwich Historic Districting and Historic Commission.
DEMOLITION-Any act of pulling down, destroying, removing, dismantling or
razing a building or commencing the work of total or substantial destruction with
the intent of completing the same.
DEMOLITION BY NEGLECT – A process of ongoing damage to the fabric,
viability and/or functionality of an unoccupied structure leading towards
and/or causing its eventual demolition due to decay and/or structural failure
and/or severe degradation over a period of time as a result of a general lack of
maintenance and/or failure to secure the structure from pests or vandals,
and/or failure to take reasonable measures to prevent the ingress of water,
snow, ice, and wind through the roof, walls or apertures.
DEMOLITION PERMIT - The building permit issued by the Building Official for
a demolition of a building, excluding a building permit issued solely for the
demolition of the interior of a building.
PREFERABLY PRESERVED - Any significant building which the Commission
determines, following a public hearing, that it is in the public interest to be
preserved rather than demolished. A preferably preserved building is subject to the
18 month demolition delay period of this bylaw.
SIGNIFICANT BUILDING – Any building within the town (city) which is in
whole or in part 100 years or more old and which has been determined by the
Commission or its designee to be significant based on any of the following criteria:
The Building is listed on, or is within an area listed on, the National Register
of Historic Places or Massachusetts Register of Historic Places; or
The Building has been found eligible for the National Register of Historic
Places or the Massachusetts Register of Historic Places; or
The Building is importantly associated with one or more historic persons or
events, or with the broad architectural, cultural, political, economic or social
history of the Town or the Commonwealth; or
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The Building is historically or architecturally important (in terms of period,
style, method of building construction or association with a recognized
architect or builder) either by itself or in the context of a group of buildings.
VOLUNTARY DEMOLISHMENT - Any act of pulling down, destroying,
removing, dismantling or razing a building or commencing the work of total or
substantial destruction with the intent of completing the same without the proper
permit or by allowing the building to be subject to demolition by neglect.
PROCEDURE:
No demolition permit for a building which is in whole or in part 100 years or more
old shall be issued without following the provisions of this bylaw. If a building is
of unknown age, it shall be assumed that the building is over 100 years old for the
purposes of this bylaw.
Notice of Intent to Demolish
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.
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.
An applicant proposing to demolish a building subject to this bylaw shall file with
the Building Official an application containing the following information:
The address of the building to be demolished.
The owner's name, address and telephone number.
A description of the building.
The reason for requesting a demolition permit.
A brief description of the proposed reuse, reconstruction or replacement.
A photograph or photograph(s) of the building.
A report by a licensed engineer addressing the condition of the building.
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Public Hearing
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.
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 Hawich Historical Society, the Conservation
Commission and the Selectmen and such other persons as the Commission may
determine.
Determination of Nonsignificance
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 withing
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 nonsignifcance shall be
conclusive on all parties.
Determination of Significance; Demolition Delay
If after hearing the Commission determines that the building in question is
historically significant and the proposed wok would destroy or substantially
diminish its historic value, it is empowered to impose a demolition delay of up to
18 months 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.
Alternatives to Demolition
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
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agreed to and where appropriate, establishes a time period for implementation of
alternatives. A copy of 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 agreement unless and until a new notice of intent is
filed and processed.
Right to Demolish
If at the end of a Commission-mandated delay no alternatives have been agreed to
by the applicant, the Commission shall, within seven(7) 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.
Demolition Inspection
Once a permit for demolition is issued, either initially following Commission
approval or at the end of a Commission-mandated delay, the Building Inspector
will conduct a review of the demolition work to ensure it is within the scope of the
permit. Following that inspection, any necessary building permits will be issued.
Violations and penalties
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 provision of this bylaw shall be subject to a fine
of $500. Each day any work continues in violation 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. No building permit shall be issued with respect to any premises
upon which a significant building has been voluntarily demolished in
violation of this ByLaw for a period of two (2) years after the date of
completion of such demolition.
Enforcing Authority
The Building Official shall be authorized to enforce the provisions of this ByLaw.
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Emergency Demolition
The provisions of this bylaw shall not apply to the Building Official if pursuant to
other applicable provision of the law Building Official 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 order.
Whenever the Building Official issues an emergency demolition permit under
this Section, he/she shall prepare a written report with attached photographic
evidence describing the condition of said building or structure and the basis of
the decision to issue an emergency demolition permit and provide a copy
thereof to the Commission within 30 days of said determination. Additionally,
whenever the Building Official condemns a building or declares it unsafe to
enter he shall notify the Commission within ten business days of that action.
Demolition by Neglect
A significant building shall be maintained in a weathertight condition so as to
prevent water intrusion into any portion of the building and to prevent demolition
by neglect, including but not limited to maintenance of the roofing, siding,
windows, doors time and other architectural features. Maintenance shall also
include the replacement or repair of any structural element or exterior architectural
feature that, if left unattended, would result in further damage or degradation to
any building element.
The following significant buildings are included:
A building or portion, thereof, in commercial use or an income producing
residential use building.
Any unoccupied single family or multiple family residential structure.
This section does not apply to an owner occupied single family or multiple family
residential structure.
If the Commission has reason to believe, through a visual inspection or other
means, that a significant building may be undergoing demolition by neglect, then
the Commission shall notify the Building Inspector and the owner. The
Commission may request an inspection of the structure by the Building Inspector.
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If the Commission determines that the significant structure is undergoing
demolition by neglect, the Commission shall attempt to negotiate a voluntary
agreement with the owner for necessary and timely repairs.
If, for any reason, an agreement cannot be reached, the Commission may take
whatever necessary action as permitted under this Bylaw, including seeking a court
order that specific repairs must be undertaken to secure the building against the
elements, vandals or vermin, to halt further deterioration and/or to stabilize it
structurally.
The Commission may grant a waiver from the requirements of this section upon
showing of impossibility or financial hardship or the occurrence of events beyond
the owner’s control, or such other circumstances as the Commission may
determine.
Administration
The Commission may adopt such rules and regulations as are necessary to
administer the terms of this bylaw.
The Commission is authorized to adopt a schedule of reasonable fees to cover the
costs associated with the administration of this bylaw.
The Commission may delegate authority to make initial determinations of
significance to one or more members of the Commission or to a municipal
employee.
The Commission may pro-actively develop a list of significant buildings that will
be subject to this bylaw. Buildings proposed for the significant building list shall
be added following a public hearing.
Severability
In case any section, paragraph or part of this by-law be for any reason declared
invalid or unconstitutional by any court, every other section, paragraph, and part
shall continue in full force and effect.
Historic District Act
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If any provision of this Bylaw conflicts with Massachusetts General Laws, Chapter
40C, the Historic District Act, that Act shall prevail.
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Article ___: To see if the Town will vote to amend the Code of the Town of Harwich – Zoning,
by adding a new Article XXIV – West Harwich Special District as follows:
XXIV - West Harwich Special District
§325-144 Statutory Authority and Purpose
A. Statutory Authority
On December 4, 2019, the Barnstable County Assembly of Delegates adopted Barnstable
Ordinance 19-18 and designated the district shown on a map labeled “West Harwich
DCPC District Boundaries” prepared by the Cape Cod Commission (“DCPC Map”) as a
District of Critical Planning Concern (“DCPC”), pursuant to Cape Cod Commission Act
Section 11(d). The Town created the following implementing regulations to regulate the
DCPC which shall be known as the West Harwich Special District.
B. Purpose
The purpose of the West Harwich Special District (“WHSD”), as designated in
Barnstable Ordinance 19-18, is to preserve the significant historic and architectural
resources in the area, to guide development to be consistent with the area’s unique
character, to address safety and transportation impacts within the commercial zone on
Route 28, and to promote small-scale businesses consistent with the area’s character.
§325-145 Intent
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.
§325-146 Applicability
A. District Boundaries
The boundaries of the West Harwich Special District (“WHSD”) are shown on a map
entitled “West Harwich Special District” Map dated July 27, 2020, prepared by the Cape
Cod Commission which is hereby made a part of this bylaw.
B. Relationship to Other Regulations
The provision in this Section (XXIV - West Harwich Special District) apply to all
development within the WHSD. Other sections of the Town of Harwich Zoning Bylaw
also apply within this special district, except that where this Section conflicts with or
differs from other sections of the Harwich Zoning Bylaw, this Section shall control.
C. Relationship to General Bylaws
All Chapters contained within the General Bylaws of the Town of Harwich, including but
not limited to Article II Historically Significant Buildings, shall also apply to all
development within the WHSD, as applicable.
§325-147 Definitions
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
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Map and Parcel, are also determined to be Historic Structures for the purposes of this
bylaw:
5 Route 28 – Map 10 Parcel N1-A
21 Route 28 – Map 10 Parcel N5
45 Route 28 – Map10 Parcel S4
55 Route 28 – Map 10 Parcel U1-A
126 Route 28 – Map 11 Parcel B5
76 Route 28 Map 10 Parcel F7-2
66 Route 28 – Map 10 Parcel F5
22 Route 28 – Map 10 Parcel C6
Principle Building Façade: 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.
§325-148 Permitted Uses
The following uses are permitted within the WHSD; however, for some uses either a Staff Plan
Review, pursuant to §325-152.A or a Site Plan Review Special Permit may also be required,
pursuant to §325-55:
A. Single-Family Dwelling
B. Two-Family Dwelling
C. Uses Accessory to a Single- or Two-Family Dwelling
D. Bed and Breakfast
E. Home Occupation
F. Single family dwelling and accessory apartment
G. Church or other religious use
H. Non-profit Library, Museum or Historical Use
I. Hotel
J. Motel
K. Hotel, Motel – Incidental Use
L. Professional Offices, including Dental Offices and Blue Economy
M. Municipal Uses
Additionally, the following uses are permitted in historic structures:
N. Multifamily
O. Retail sales
P. Restaurant
Q. Mixed-Use commercial/residential developments
§325-149 Special Permit Uses
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 §325-153 shall be required:
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A. Multifamily
B. Retail sales, greater than 1,000 square feet of gross floor area and/or exterior space.
C. Restaurant
D. Mixed-Use commercial/residential developments
§325-150 Prohibited Uses
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.
§325-151 Continuation of Pre-Existing Non-Conforming Uses
Any lawfully existing use of a structure or land that does not conform to the provisions of this
bylaw may continue.
§325-152 Change, Alteration, Expansion of Pre-Existing Non-Conforming Uses and/or
Structures
Notwithstanding the provisions of M.G.L Chapter 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 §325-154 Review Standards and Procedures.
A. A pre-existing, non-conforming 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 §325-154 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 §325-154 and may be
appealed to the Planning Board with written notice within 10-days. Said decision shall be
lapse two (2) years from the date of issuance unless construction or operation under the
approval has commenced.
B. A pre-existing, non-conforming structure or use may change or expand up to 1000 square
feet of building footprint or exterior of building or site area or undergo a change of use in
accordance with §325-55.F 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 Section 325-154.A; and,
4. There shall be no demolition of an historic structure.
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Said decision shall lapse two (2) years from the date of issuance unless construction or
operation under the approval has commenced.
C. A pre-existing non-conforming 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 §325-154.A and B.
§325-153 New Construction
For new construction Site Plan Approval pursuant to §325-55 and all dimensional requirements
of §325-154.A and B shall be required.
§325-154 Review Standards
A. Dimensional requirements.
1. Lots shall have frontage along Route 28. Adjacent parcels may be included provided
that they are under the same ownership and are also located within the WHSD.
2. Setback requirements.
a. Front setback requirements for the principle building façade shall be a minimum
of 20 feet and maximum of 40 feet.
b. Side lot line setback shall be a minimum of 20 feet.
c. Rear lot line setback shall be a minimum of 20 feet.
d. Parking shall be permitted at the side, measured a minimum of 10 feet back from
the principle building facade on the property, or rear of the property.
e. Maximum site coverage shall not exceed 80%.
3. The maximum permitted height for new constructions shall not exceed 30 feet or
2 1/2 stories.
4. Minimum lot size shall be 20,000 square feet.
5. For properties containing and maintaining/reusing historic structures, the Planning
Board or its designee may waive or modify these dimensional requirements if it is
found that such waiver or modification will not substantially derogate from the
purpose and intent of this bylaw and that such waiver or modification may be granted
without substantial detriment to the neighborhood or overall public good.
6. The maximum length allowable for the principle building façade is 50 feet and
adjacent street-facing building facades shall be stepped back a minimum of 10 feet
from the principal building facade.
7. A maximum building footprint of 2,000 square feet for front street-facing buildings is
allowable; and a maximum footprint of 3,000 square feet for buildings sited behind a
front street-facing building is allowable.
B. Parking, Driveway, Vehicular and Pedestrian Access Standards
1. Parking
a. Parking areas shall be visually buffered from all streets and adjoining residential
uses by placing them behind frontage buildings and/or through the use of berms
or natural features and/or plantings, using materials that shall be maintained for
visual buffering a minimum of 50% and 75% of their effectiveness year-round,
for streets and residential uses respectively. Parking shall also comply with the
requirements of Article IX – Off Street Parking and Loading Requirements.
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b. Shared Parking – The number of parking spaces required may be reduced for
shared parking at the discretion of the Planning Board through Site Plan Review
§325-55, provided such reduction does not shift a demand for parking onto public
streets or any areas not equipped to handle such activity.
c. All other parking standards shall comply with Article IX Off-Street Parking and
Loading Requirements; however, in no case shall a driveway width be greater
than 24 feet.
2. A driveway shall be limited to one per street frontage; however shared driveways are
encouraged to limit the number of curb cuts onto Route 28. Driveways must be
situated to provide for the optimal sight distance along Route 28. All driveway access
shall provide for adequate service and emergency access. All driveway shall comply
with §325-154.B.1.b. and c. above.
3. Commercial and residential pedestrian access shall include a combination of
walkways and landscaping. Such pedestrian access shall be provided from the streets
providing frontage and/or access for the project as well as the drives and parking
areas within the project. Pedestrian access routes shall be laid out to minimize conflict
with vehicular routes, and where they intersect, the pedestrian route shall be clearly
marked on the vehicular surface and when appropriate, with signage. Pedestrian
access routes shall be lighted to provide adequate visibility for use in the dark, and in
conformance with Article XXI Outdoor Lighting.
and further
Amend §325-2 Word Usage and Definition, “Overlay District”, add a new item G, as follows:
“G - West Harwich Special District, see Article XXIV”
And further,
Amend §325-3 Division of Town into Districts, by adding “West Harwich Special District”
and further,
Amend §325-4 Maps, by adding Subparagraph F as follows:
F. The West Harwich Special District established hereunder as shown on a map titled,
“West Harwich Special District” dated July 27, 2020, prepared by the Cape Cod
Commission, a copy of which can be found as an attachment to this chapter in the town’s
online Code and a copy of which is on file in the office of the Town Clerk.
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