-OKH-Regional-Historic-District-Bulletin Old King's Highway
Regional Historic District
Commission
Bulletin
March 1 , 2022
INTRODUCTION
The Old King's Highway Regional Historic District recently celebrated its forty-eighth
(48th) year of preserving and protecting a large part of the unique aesthetic and historic character
of Cape Cod. As the largest historic district in America, it consists of the entire southern shoreline
of Cape Cod Bay. The District contains more than eighty (80) square miles of universally
recognized historic and natural beauty. The fust European settlers were drawn to the area four
hundred years ago, and the song "Old Cape Cod," with its refrains of"sand dunes and salty air/
quaint little villages here and there" suggests the District's unique aesthetic appeal. The 45,000
people that have chosen to reside within its area and enjoy the unique special local character of
the Regional Historic District and heritage tourist,worldwide, come to the area to enjoy the many
scenic beaches, historical settings, and many fascinating destinations.
The backbone of the Regional Historic District is Route 6A named by the Massachusetts
Legislature as the "Old King's Highway" and designated as a state highway maintained by the
state with the unique local protection of the Scenic Road Act (adopted as Chapter 61 of the Acts
of 1992 to protect its vegetated shade tree canopy). The scenic road crosses six town lines
(Sandwich, Barnstable, Yarmouth, Dennis, Brewster, & Orleans), as it meanders through the
regional district. The road dates to pre-colonial times as a trail connecting Native American
encampments and villages. Three hundred and eighty years ago, the initial European settlers
traveled this route from Plymouth and beyond. Today, the road is described by National
Geographic as one of the"World's Most Scenic Drives, " Yankee Magazine has declared it "iconic
and timeless, " and Smithsonian Magazine has described it as the "most appealing" highway in
America. Museums, antique shops, theaters, B & Bs, restaurants, abound while still maintaining
the District's "quaint little village" character. Cape Cod's traveling visitors will bring close to a
billion dollars in direct spending to its local economy.
Within the District are located original examples of the many periods in American
architecture dating back to the 17`', 18'', 19'',&20th Centuries.Unlike many other historic districts
that only reflect a specific time in architectural history, the Regional District reflects a changing
evolution. As a living district,with more than 45,000 residents,change is a constant. The recycling
of a large sea captain's home to a stately B&B or capturing an appearance from the past in a newly
constructed home or residence is an important part of the local role played by the Regional Historic
District.
The Old King's Highway Regional Historic District Act is a uniquely formed preservation
and architectural review regulation that was created by a Special Act of the Massachusetts
Legislature and adopted by the resident voters in all of the affected towns by a district-wide
referendum on November 5, 1974. The Regional District regulates the construction, alteration
and/or demolition of all signs, exterior architectural features, buildings, and structures within its
boundaries. It is the only regional historic district in Massachusetts. As a regional district it is
different from all other existing historic districts and protects a large and uniquely rural historic
and aesthetically important region of Cape Cod.In addition to preserving from destruction existing
historic buildings and structures, the District works to preserve and protect the spectacular scenic
beauty of the area by the maintenance of appropriate settings and reducing the negative visual
impact of obviously incompatible new buildings and structures.
The Regional District consists of six (6) Town Committees and a Regional Commission.
Each of the six towns has a five-member town committee. Four of the members are elected by
district vote and one is an appointed architect or builder. There are two alternate members
appointed to fill any vacancy on the committee. The local Town Committee conducts public
hearings and initially acts on all proposed signs, buildings or structures that are to be erected,
altered, or removed from within the designated district.
The Regional Commission is made up of the chairperson from the six (6) local Town
Committees. The administrative pyramid structure of the regional district places in the hands of
the Regional Commission the responsibility to coordinate the overall efficient operation of the
district. The legislation gives to the Regional Commission the authority to adopt rules and
regulations that are to be followed by the local Town Committees and to hear all initial appeals
to the Town Committee decisions. This structure allows for a consistent coordination of new
development within the regional district and protects the overall area from an unwarranted
intrusion by obviously incongruous structures. The Commission's Bulletin serves as a handbook
for the Regional Historic District.
TABLE OF CONTENTS:
Page
I. Old King's Highway Regional Historic District Act 5
II. Route 6A Designated a Scenic Road Act 15
III. Shade Tree Protection Act 16
IV. 972 CMR Rules & Regulations 16
V. Guidelines 29
VI. Petition for Appeal (Form-D) 37
For information on initiating the permitting process, please visit the member Town's
Website or contact the applicable Town's Building Department. The six (6) member towns
(Sandwich, Barnstable, Yarmouth, Dennis,Brewster, & Orleans) support the local Old
King's Highway Regional Historic District Town Committee with a designated staff
person that can assist the public in following a Town's administrative review process.
For information on appeals and regional matters contact Attorney James R. Wilson
at the Commission's address: P.O. Box 140, Barnstable, Massachusetts 02630.
Telephone 508-775-1766
OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT ACT
(As established by Chapter 470 of Acts of 1973 and amended by Chapters 298 and
845 of the Acts of 1975; Chapter 273 of Acts of 1976; Chapters 38 and 503 of Acts of 1977;
Chapter 436 of Acts of 1978; Chapter 631 of the Acts of 1979; Chapter 338 of Acts of 1982;
Chapter 90 of the Acts of 1994; Chapter 276 of the Acts of 2000; and Chapter 220 of the Acts of
2007.)
Chap. 470. AN ACT ESTABLISHING THE OLD KING'S HIGHWAY REGIONAL
HISTORIC DISTRICT AND THE OLD KING'S HIGHWAY REGIONAL HISTORIC
DISTRICT COMMISSION IN BARNSTABLE COUNTY.
To be enacted etc., as follows:
SECTION 1 - Purpose
The purpose of this Act is to promote the general welfare of the inhabitants of the
applicable regional member towns so included, through the promotion of the educational,
cultural, economic, aesthetic and literary significance through the preservation and protection of
buildings, settings and places within the boundaries of the regional district and through the
development and maintenance of appropriate settings and the exterior appearance of such
buildings and places, so as to preserve and maintain such regional district as a contemporary
landmark compatible with the historic, cultural, literary and aesthetic tradition of Barnstable
County, as it existed in the early days of Cape Cod, and through the promotion of its heritage.
SECTION 2 Establishment of the Old King's Highway Regional Historic District.
There is hereby established in Barnstable County a regional historic district,to be known
as the Old King's Highway Regional Historic District, hereinafter called the District, founded
and described as follows:
Beginning at a point on the foreshores of Cape Cod Bay at the mean low water line, and
on the boundary line between the Town of Boume and the Town of Sandwich,both in Barnstable
County;thence southwesterly by said boundary line between the towns of Bourne and Sandwich
to a point where said boundary line intersects with the center line of the layout of the state
highway known as Route 6 -Mid-Cape Highway; thence continuing by the center line of said
state highway layout of Route 6-Mid-Cape Highway,in a southerly,southeasterly,easterly, and
northeasterly direction, traversing the towns of Sandwich, Barnstable, Yarmouth, and Dennis to
the boundary line between the Town of Dennis and the Town of Harwich; thence northwesterly
by said boundary line between the Towns of Dennis and Harwich to the boundary line of the
Town of Brewster,thence northeasterly,northerly and easterly by the boundary line between the
Town of Brewster and the Town of Harwich to the said center line of said Route 6—Mid-Cape
Highway; thence continuing by the said center line of said Route 6 - Mid-Cape Highway, in a
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northeasterly and northerly direction, traversing the Towns of Brewster and Orleans, crossing
above or below and intersecting,various public ways,ancient ways, rivers,streams, lakes,inlets,
bays and various appurtenances, to a point lying at the center of the state highway rotary layout
at Eastham, Barnstable County, Massachusetts where said Route 6 intersects with Route 6A;
thence in a northwesterly and southwesterly direction along the boundary line between the towns
of Eastham and Orleans to a point on the foreshores of Cape Cod Bay where the Eastham,Orleans
town boundary intersects the mean low water line; thence in a southwesterly, westerly,
northwesterly, northerly, northeasterly, easterly and southeasterly direction along the mean low
water line of Cape Cod Bay traversing all inlets, streams, rivers at their entrance to Cape Cod
Bay to the point of beginning, meaning and intending to include all islands along the foreshores
of Cape Cod Bay to a distance of three nautical miles from the shores thereof, and every bank,
flat, marsh, meadow, swamp and island within the Great Marshes so called, lying within the
Town of Barnstable.
SECTION 3 —Definitions
As used in this Act the following words and terms,unless the text otherwise requires,shall have
the following meanings:
"Architect" - shall include a graduate of an architectural school who need not be
registered as an architect under the provisions of Chapter One Hundred and Twelve of the
General Laws, such architect may serve on a committee as its architect member.
"Building" - a combination of structural materials having a roof, forming a shelter for
persons, animals, or property.
"Building Inspector" -the building inspector for the individual regional town.
"Erected" - shall include the words "built constructed", "reconstructed", "restored",
altered", "enlarged" and "moved".
"Exterior architectural feature" -the architectural style and general arrangement of such
portions of the exterior of a building or structure so designed to be subject to view from a way
or public place; including kind, color and texture of the building materials of such portion or
type of all windows, doors, lights and signs and other fixtures to such portion.
"Heritage" - value in the cultural life of the past, because of their importance to the
community life of Cape Cod,which have come down through the generations to make up our
way of life. This has been achieved by means of old buildings, industry, furniture, utensils,
old happenings, and expressions. They have made the unique salty flavor of Cape Cod that
will never be forgotten but will be preserved for future generations, as a means of insuring
the integration of those qualities into a contemporary way of living.
"Person" - an individual, a corporation, federal, state, county, or municipal agency, or
unincorporated organization or association.
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"Structure" - a combination of materials other than a building, sign or billboard, but
including stone walls, flagpoles, hedges, gates and fences.
"Town" - the individual regional towns of Sandwich, Barnstable, Yarmouth, Dennis,
Brewster, or Orleans.
"Public place" -any place on land that a governmental entity maintains for the use of the
public; or any place on land that is visited by many persons and is usually accessible to the
public including commercial,religious,or charitable properties open to the public by admission
fee, donation,membership or otherwise.
"Way" - a way owned, or normally maintained, or normally repaired by any federal,
state, county, or municipal entity; a way shown on a plan approved or signed by a Board of
Survey, Planning Board or Board having similar duties and responsibilities; or an improved
way shown on a plan recorded at the Registry of Deeds in the County of Barnstable.
SECTION 4 - Establishment and Organization of the Old King's Highway Regional
Historic District Commission.
There is hereby established the Old King's Highway Regional Historic District
Commission,hereinafter called the Commission, consisting of six members, each of whom
shall be a chairman of a member town historic district committee of the following towns:
Sandwich, Barnstable, Yarmouth, Dennis, Brewster and Orleans.
The Commission shall elect a Chairman and a Vice Chairman from its membership.
The Chairman shall preside at all meetings and in his absence the Vice Chairman shall
preside. In the absence of the Chairman or Vice Chairman from any meeting the membership
present may elect a Temporary Chairman.
The Barnstable County Treasurer shall serve as Treasurer for the Commission. He shall
maintain a cash book of the Commission's receipts and disbursements and render monthly
accountings to the Commission. Funds shall be paid upon warrants signed by the Chairman or
in his absence, signed by the Vice Chairman. All original vouchers shall be retained by the
County Treasurer for a period of four(4) years. The County Treasurer shall not receive any
additional compensation for his services to the Commission but may, subject to approval by
the Commission,retain clerical assistance.
Four members of the Commission shall constitute a quorum.
The Commission meetings shall be at the call of the Chairman and shall be held at least
monthly and notice of such meetings shall be published at least seven (7) days in advance of
the date of such meeting in a newspaper published within Barnstable County and distributed
in each member town, and additionally published at the discretion of the Chairman in other
newspapers of appropriate distribution.
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The Commission shall hear and make findings on the initial appeal by aggrieved parties
as provided in Section Eleven.
The Commission shall establish rules and regulations from time to time for the
administration of the Regional District which shall be followed by the local town committees
and may recommend changes in this Act which shall be submitted to the registered voters on
referendum ballot during the annual election held in each member town. If the vote is in the
affirmative, submission of such recommended changes shall be submitted to the general
court for approval.
SECTION 5 - Establishment and organization of Town Historic District Committees.
There is hereby established within each of the member towns of the District a town
historic district committee, hereinafter called the Committee, consisting of five unpaid
members of whom four shall be residents of the District, excepting within the Town of
Orleans, where at least three shall be residents of the District. At least one member on each
committee shall be an architect, who need not be a resident of the District. In the event no
architect is available for service on the committee, a building contractor with not less than five
years' experience in the building trades may be appointed a member of the committee in lieu
of the architect.
The initial members of the committee shall be appointed by the selectmen of each
town for terms expiring, in the case of the architect or building contractor, whichever the
case may be, at the end of one year, and in the case of the remaining members,at the end of
one,two,three and four years,respectively, from the First day of January following such
appointments. Thereafter,the architect or building contractor shall be appointed annually by
said selectmen.
Upon expiration, the term of any of the members, other than that of the architect, shall
be filled by the election of a successor at a meeting of registered voters residing in the
District held annually at the call of the selectmen one to two months prior to such expiration.
Said election shall be held in accordance with such rules and regulations as the selectmen
may prescribe. The term of members so elected shall be four years.
Notwithstanding the provisions of this section, the members of the historic district
committee for the town of Brewster shall be elected at said town's annual election and shall
serve for four-year terms commencing on June first and ending on May thirty-first.
Notwithstanding the provisions of this section, the members of the historic district
committee for the town of Dennis shall be elected at said town's annual election and shall serve
for four-year terms commencing on June first and ending on May thirty-first.
The Committee shall elect a Chairman and a Secretary from its membership. In the case
of the absence of the Chairman from any meeting, the members present shall elect a temporary
chairman.
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Three members of the Committee shall constitute a quorum.
Any member may be removed for cause by the selectmen of any member town after a
public hearing upon written charges.
Vacancies occurring in the Committee other than by expiration of term of office, shall
be filled by appointment by the selectmen. Such appointment shall be only for the unexpired
portion of the term of the member replaced. The Committee may expend such funds as may be
appropriated annually.
The selectmen or town council of any member town may,upon the nomination and
approval of the committee, annually appoint two persons residing in the district to serve as
alternate members of the committee.The committee chairman may designate an alternate
member to sit on the committee for the purpose of acting upon any application, in the case of
absence, inability to act, or conflict of interest, on the part of any member of the committee or
in the event of a vacancy on the committee.
SECTION 6 - Limitations
No building, structure or pari thereof,except as hereinafter provided, shall be erected
within the District unless and until an application for a certificate of appropriateness as to the
exterior architectural features shall have been filed with the Committee. Either a certificate of
appropriateness or a certificate of exemption shall be issued by the Committee before erection.
No building, structure or any part thereof within the District,except as hereinafter
provided, shall be demolished or removed unless and until an application for a permit to
demolish or remove the same shall have been filed with the Committee and a certificate for
demolition has been filed with the town clerk.
No occupational, commercial or other sign, except as hereinafter provided, and no
billboard shall be erected or displayed on any lot or on the exterior of any building or structure
within the District, unless and until a certificate of exemption or certificate of appropriateness
has been filed with the town clerk. In the case of any sign or billboard erected or displayed
prior to the effective date of this Act,there shall be allowed a period of three years subsequent
to said effective date in which to obtain such certificate.
Except in cases excluded by Section Seven, no permit shall be issued by the building
inspector for any building or structure to be erected within the district, unless the application
for said permit shall be accompanied either by a certificate of appropriateness or a certificate of
exemption which has been filed with the town clerk.
All certificates issued pursuant to this Act shall expire one year from the date of issue,
or upon the date of expiration of any building permit issued as to the work authorized by said
certificate,whichever expiration date shall be later.The Committee may renew any certificate
for an additional term or terms of not over one year provided application for such renewal is
received prior to the expiration of said certificate.
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SECTION 7 - Exclusions
Nothing in this Act shall be construed to prevent the ordinary maintenance and such
repairs as do not change any exterior architectural feature of any building or structure within
the District; nor shall anything in this Act be construed to prevent the erection, construction,
reconstruction, restoration, alteration or demolition of any such existing feature which the
building inspector shall certify is required by the public safety because of an unsafe or
dangerous condition; nor shall anything in this Act be construed to prevent the erection,
construction, reconstruction, restoration, alteration or demolition of any such feature under a
permit issued by the building inspector prior to the effective date of this Act.
The following structures and signs may be erected or displayed within the District
without the filing of an application for, or the issuance of a certificate of appropriateness:
I. Temporary structures or signs for use in connection with any official celebration
or parade or any charitable drive in a member town; provided that any such structure or sign
shall be removed within three days following the termination of the celebration,parade,or
charitable drive for which said structure or sign shall have been erected or displayed. Any
other temporary structures or signs which the Committee shall determine do not substantially
derogate from the intent and purpose of this Act may from time to time be excluded from the
provisions of Section Six.
2. Real estate signs of not more than three square feet in area advertising the sale or
rental of the premises on which they are erected or displayed.
3. Occupational signs of not more than one square foot in area and not more than
one such sign, irrespective of size bearing the name,occupation, or address of the occupant
of the premises on which such sign is erected or displayed where such premises are located
within a residential area, as defined in the zoning by-laws of the member town.
The exterior color of any building structure within the District may be changed to
white without the filing of an application for, or the issuance of, a certificate of
appropriateness or to any color or any combination of colors which the Committee shall
determine from time to time may be used without substantial derogation from the intent and
purposes of this Act.
The Commission may establish from time to time, upon a two-thirds vote of the
membership after a public hearing thereon, certain categories of exterior architectural features
that may be constructed, removed, or altered without causing substantial derogation from the
intent and purpose of the Act, and such activities may be allowed without a hearing upon the
issuance by the local committee of a certificate of exemption.
The Commission may also establish, from time to time, defined geographical areas
within the several town historic districts, hereafter called "exempt areas", within which the
activities otherwise limited by Section Six may be allowed without a hearing upon the
issuance of a certificate of exemption by the appropriate committee, if the Commission shall
determine, by the vote of two-thirds of its membership,that such areas lack historical
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significance and that their establishment as exempt areas would not cause substantial
derogation from the intent and purpose of this Act.
SECTION 8 -Application to be Filed with Committee
Excepting cases excluded by Section Seven, any person, including the member town,
state,county and federal governmental bodies,who desires to erect, move or demolish or
remove or change the exterior architectural features of any building or structure within the
District,or to erect or display within the District any sign or billboard for which a certificate of
appropriateness is required under Section Six, shall file with the Committee an application for
a certificate of appropriateness or certificate for demolition, as the case may be,together with
such plans, elevations, specification,material and other information as shall be deemed
necessary by the Committee to enable it to make a determination on the Application. All
applications shall be accompanied by such filing fee, if any, as the Commission shall from
time to time determine.
SECTION 9 -Meetings, Hearings, Time for Making Determinations
Meetings of the Committee shall be held at the call of the Chairman and also when called
in such other manner as the Committee shall determine by its rules.
The Committee shall determine promptly after the filing of an application for a
certificate of appropriateness,certificate for demolition, or certificate of exemption, whether or
not a formal public hearing is required. If the Committee determines that a certificate of
exemption should be issued, it may issue such a certificate without a public hearing thereon. If
the Committee determines that a hearing on the issuance of the certificate of exemption should
be held, it may schedule a hearing in accordance with the provisions of this Section. If the
Committee determines that a certificate of appropriateness or certificate for demolition is
required, it shall schedule a public hearing thereon in accordance with the provisions of this
Section.
The Committee shall fix a reasonable time for the hearing on all applications and shall
give public notice thereof by publishing notice of the time,place and purpose of the hearing in
a local newspaper at least seven(7) days before said hearing and also,not less than seven(7)
days prior to said hearing, mail a copy of said notice to the applicant,to owners of property
abutting the premises to be affected as they appear on the most recent local tax list, and to such
other persons as the Committee shall deem entitled to notice.
As soon as convenient after such public hearing; but in any event within forty-five(45)
days after the filing of application, or within such further time as the applicant shall allow in
writing,the Committee shall make a determination on the application. If the Committee shall
fail to make a determination within said forty-five (45) days, or within such further time
allowed by the applicant, the Committee shall be deemed to have approved the application.
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SECTION 10 - Powers, Functions and Duties of Committee
The Committee shall pass upon:
(a) The appropriateness of exterior architectural features of buildings and structures
to be erected within the District.
(b) The demolition or removal of any building or structure or any part thereof within
the District. The Committee may refuse a permit for the demolition or removal of any building
or structure of architectural or historic interest, the removal of which in the opinion of the
Committee would be detrimental to the public interest.
(c) The appropriateness of the erection or display of occupational, commercial or
other signs and billboards within the District wherever a certificate of appropriateness for any
such sign or billboard is required under Section Six.
In passing upon appropriateness, demolition or removal, the Committee shall
determine whether the size, features, demolition or removal, sign or billboard involved will be
appropriate for the purposes of this Act, and, if it shall be determined to be inappropriate, shall
determine whether,owing to conditions especially affecting the building, structure, sign or
billboard involved, but not affecting the District generally, failure to approve an application
will involve a substantial hardship to the applicant and whether such application may be
approved without substantial detriment to the public welfare and without substantial
derogation from the intent and purposes of this Act. If the Committee determines that the
features,demolition or removal, sign or billboard involved will be appropriate or,although
inappropriate, owing to conditions as aforesaid, failure to approve an application will involve
substantial hardship to the applicant and approval thereof may be made without substantial
detriment or derogation as aforesaid, the Committee shall approve the application; but if the
Committee does not so determine, the application shall be disapproved.
In passing upon appropriateness,the Committee shall consider, among other things, the
historical value and significance of the building or structure,the general design., arrangement,
texture, material and color of the features, sign or billboard involved and the relation of such
factors to similar factors of buildings and structures in the immediate surroundings. The
Committee shall consider settings, relative size of buildings and structures, but shall not
consider detailed designs, interior arrangement, and other building features not subject to
public view. The Committee shall not make any recommendations or requirements except for
the purposes of preventing changes in exterior architectural features obviously incongruous to
the purposes set forth in this Act. The Committee shall consider the energy advantage of any
proposed solar or wind device.
The concurring vote of a majority of the members of the Committee acting upon an
application shall be necessary to make a determination in favor of the applicant on any matter
upon which the Committee is required to pass under this Act. In the event of a tie vote,the
certificate shall be considered denied unless the Committee votes to defer action until the next
Committee meeting.
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Three members of the Committee shall constitute a quorum.
The Committee may approve exterior architectural features which do not comply with
the technical and dimensional requirements and specifications of the state building code,
provided the Committee finds that the approval of the features will not pose a serious hazard
to the health and safety of persons using the structure or building.
SECTION 11 - Appeals
Any person aggrieved by the determination of the Committee or by an approval of an
application through failure of the Committee to make a determination within the time allowed
under Section Nine, whether or not previously a party to the proceeding, may, within ten(10)
days after the filing of a notice of such determination with the town clerk, or within ten days
after approval by failure to make a determination within said time limit, appeal to the
Commission. The Commission shall within thirty (30) days after receipt of such appeal in
writing from the aggrieved, hear all pertinent evidence and determine the facts, and if,upon
the facts so determined,the Commission finds that the Committee exceeded its authority or
exercised poor judgment, was arbitrary,capricious, or erroneous in its action,the Commission
shall annul the Committee determination or approval and remand the case to said Committee
for further action, or revise the determination of the Committee and issue the appropriate
certificate or deny it.
Any person aggrieved by the action of the commission may, within twenty (20)days
after notice of said decision has been filed with the town clerk of the affected town, appeal to
the district Court having jurisdiction over the affected town and notice of such appeal shall be
given to the town clerk so as to be received within such twenty (20) days. Said District Court
may hear all pertinent evidence and determine the facts and if, upon the facts so determined,
such determination or approval is found to exceed the authority of the Commission said
District Court may modify either by way of amendment, substitution,or revocation,the
decision of the Commission and may issue such superseding approval or denial of the
application with such condition as said District Court in its discretion deems appropriate,and
shall have all of the powers to act in the matter that are available to a court of general equity
jurisdiction.
The findings of fact by said District Court shall be final and conclusive upon the parties.
The remedies provided by this section shall be exclusive, but the parties shall have a
right of appeal to the Appellate Division of the District Courts on issues of law.
Cost shall not be allowed against the Commission or the Committee unless it shall
appear to said District Court that they either acted in bad faith or with malice in the matter from
which the appeal was taken.
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Costs shall not be allowed against the party appealing from such determination or
approval of the Commission unless it shall appear to the court that said party acted in bad faith
or with malice in making the appeal to the court.
SECTION 12 - Enforcement
Any person who violates any provision of this Act shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor
more than Five Hundred Dollars ($500.00). Each day of violation of this Act shall constitute
a separate violation.
The building inspector in the affected town shall have the power and duty to enforce the
provisions of this Act.
The District Court having jurisdiction over the effected town shall have jurisdiction to
enforce the provisions of this Act and the determination, rulings and regulations issued
thereunder, and may restrain by injunction violations thereof and issue such other orders for
relief of violations as may be required.
SECTION 13 - Severability of Provisions
The provisions of this Act shall be deemed to be severable, and in case any part of this
Act shall be held unconstitutional by any court of competent jurisdiction, the decision of such
court shall not affect or impair the validity of any other part.
SECTION 14 - Apportionment of Expenses
The Commission may determine the expenses of the District and apportion the same
equally among the member towns comprising such District, and shall promptly thereafter
notify the treasurers of such towns of such apportionment. Every town treasurer so notified
shall annually certify the amount of such apportionment to the Boards of Assessors of his
municipality, who shall include such amount in the tax levy of the following year. Upon order
of the Commission the town treasurer of each of the towns of the District shall from time to
time pay to the District treasurer a sum or sums not exceeding, in the aggregate, the amount
certified by the Commission as its respective share of the costs and expenses of the District.
SECTION 15 - Prior Historic Districts
Upon the establishment of the District, any historic district theretofore established in any
member town within the District shall cease to exist.
SECTION 16 - Acceptance of Act
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The following question shall be printed on the ballots of the member towns as listed in
Section Four to be used in the biennial state election in November, Nineteen Hundred and
Seventy-four.
"Shall an act passed by the general court in the year Nineteen Hundred and Seventy-three,
entitled'An Act Establishing the Old King's Highway Regional Historic District and the Old
King's Highway Regional Historic District Commission in Barnstable County' be accepted?" If
a majority of the voters present and voting in the regional district towns shall vote in the
affirmative,this Act shall become fully effective and the said District shall be deemed to be
established forthwith, but not otherwise. If a majority of the voters present and voting in the
member towns in the said election fail to vote in the affirmative,the said question shall be
printed on the ballot to be used in the biennial state election in November, Nineteen Hundred
and Seventy—Six. If a majority of the voters present and voting in the member towns shall
vote in the affirmative at said election, this Act shall become fully effective and the said
District shall be deemed to be established forthwith, but not otherwise. If a majority of the
voters present and voting in the member towns fail to vote in the affirmative in the said
election, the said question shall be printed on the ballots to be used in the biennial state
election in November, Nineteen Hundred and Seventy-Eight. If a majority of the voters
present and voting in the member towns shall vote in the affirmative at said election,this Act
shall become fully effective and the said District shall be deemed to be established forthwith,
but riot otherwise. If this Act is not accepted in the November,Nineteen Hundred and
Seventy-eight election,the question of acceptance may be placed upon the ballot of any
subsequent state biennial election, provided that,prior to September First of the year it is to be
voted upon,a petition signed by not less than fifteen(15%)percent of the registered voters in
each of the towns listed in Section Four has been filed with the selectmen of the respective
towns. The selectmen shall refer the petitions to the registrars of voters for certification and the
registrars of each town shall notify the state secretary of the percentage of valid signatures.
The state secretary shall in tum notify the selectmen of each town whether or not sufficient
signatures have been certified to place the question on the ballot. If a majority of the voters
present and voting in the regional district towns in such subsequent state election shall vote in
the affirmative,this Act shall become fully effective and the said District shall be deemed to
be established forthwith,but not otherwise.
OLD KING'S HIGHWAY ROUTE 6A DESIGNATED AS A SCENIC ROAD BY
CHAPTER 61 OF THE ACTS OF 1992.
Notwithstanding the provisions of section fifteen C of Chapter forty of the General Laws,state
highway Route 6A is hereby designated as a scenic road;provided, however, that it shall be
subject to all of the provisions of said section fifteen C of said chapter forty for the purpose of
repair,maintenance, reconstruction or paving of said highway, The Old King's Highway
Regional Historic District Committee of each town within Barnstable County abutting said
Route 6A and, in such towns within Barnstable County not having such committee,the
planning board is hereby designated as the government body whose prior written consent must
be obtained in accordance with the provisions of said section fifteen C for any purposed
alterations within the respective towns.
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M.G.L. Chapter 40, Section 15C, 2"d paragraph reads as follows:
After a road has been designated as a scenic road, maintenance, reconstruction,or paving work
done with respect thereto shall not involve or include the cutting or removal of trees, or the
tearing down or destruction of stone walls,or portions thereof, except with the prior written
consent of the planning board, or if there is no planning board, the selectmen of a town or city
council of a city, after a public hearing duly advertised twice in a newspaper of general
circulation in the area, as to time and date,place and purpose,the last publication to occur at
least seven days prior to such hearing; provided however,that when a public hearing must be
held under the provisions of this section and under section three of chapter eighty-seven prior
to the cutting or removal of a tree, such hearings shall be consolidated into a single public
hearing before the tree warden and the planning board,or if there is no planning board,the
selectmen of a town, or the city council of a city, and notice of such consolidated public
hearing shall be given by the tree warden or his deputy as provided in said section three of
chapter eighty-seven. Any city or town making said scenic road designation may make an
ordinance or by-law establishing that a violation of this paragraph shall be punished by a fine
not to exceed three hundred dollars.
OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT
COMMISSION
972 CMR RULES AND REGULATIONS
Sections
1.00: Rules of Procedure
1.01: Authorization and Purpose
1.02: Definitions
1.03: General Procedures
1 .04: Conduct of Appeals
1.05: Amendment of Rules and Regulations: General
2.00: Exempt Areas
2.01: Establishment Procedures
2.02: Certificates of Exemption in Exempt Areas
2.03: Amendment Procedures
3.00: Excluded and Exempt Features and Activities
3.01: General
3.02: Unsafe or Dangerous Conditions
3.03: Exclusions
3.04: Exemptions
4.00: Violations and Court Jurisdiction
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4.01: General
4.02: Enforcement
4.03: Proof of Violations
4.04: Court Jurisdictions and Penalties
1.00: Rules of Procedure
1.0 1: Authorization and Purpose
jl.)Authorization: In accordance with Section 4 of the Old King's Highway Regional Historic
District Act, Chapter 470 of the Acts of 1973, as amended, the Rules and Regulations of the
Old King's Highway Regional Historic District Commission are herein established.
(2.)Purpose: The purpose of these Rules and Regulations is to delineate the Old King's Highway
Regional Historic District Commission's procedures and to furnish other information which said
Commission considers useful for those appearing before it.
1.02: Definitions
(1.) Commission: As used in these Rules and Regulations, "Commission" shall mean the Old
King's Highway Regional Historic District Commission.
(2.) Committee: As used in these Rules and Regulations, "Committee" shall mean a member
town's historic district Committee as created under Section 5 of the Old King's Highway Regional
Historic District Act, Chapter 470 of the Acts of 1973, as amended.
(3.) Appellant: As used in these Rules and Regulations, "appellant" shall mean the person or
party who is appealing the decision of a town's historic district committee.
(4.) Applicant: As used in these Rules and Regulations, "applicant" shall mean the person or
parry whose application to a town's committee is the subject of the appeal.
(5.) Date of Receipt: As used in these Rules and Regulations the date of receipt as it applies to
appeals shall be the date upon which a written appeal is received by Commission counsel or
properly postmarked, whichever is earlier.
(6.) Certificate: As used in these Rules and Regulations, "certificate" shall mean a Certificate
of Appropriateness, Certificate for Demolition or Removal, or Certificate of Exemption;
whichever is applicable to the issue of appeal.
(7) Historic District Act: As used in these Rules and Regulations, "Historic District Act"
shall mean the Old King's Highway Regional Historic District Act, Chapter 470 of the Acts of
1973,as amended.
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(8) District: As used in these Rules and Regulations, "District" shall mean the Old King's
Highway Regional Historic District.
1.03: General Procedures
(1.)Committee Hearings: All hearings shall be conducted under the supervision of the Chairman
with a minimal amount of formality. The applicant or his agent is encouraged to present to the
Committee a complete explanation of the project with a minimum amount of repetition and
emotion. All interested persons will be given an opportunity to speak at the hearing. Formal
procedures will be used only to the extent that it is necessary to protect the rights of all interested
persons.
(2.)Revisions to Approved Plans:
(a.) Only minor changes may be approved by the Committee without
the filing of a new application and a new hearing. Minor changes include alterations
that can be done without a detrimental impact on the overall appearance of the
project such as altering a single window or door change or a minor change of colors.
All minor changes by amendment will require the local Committee's or its designee's
approval.
(b.) Upon failure of a Committee to approve a proposed amendment,
the applicant's only remedy is to file a new application for a Certificate of
Appropriateness specifically addressing the proposed change.A new public hearing
in accordance with the requirements of the Act shall then be held by the Committee.
(3.)Commission Procedures:
(a.) Correspondence: All communications to the Commission
shall be addressed to Old Kings Highway Regional Historic District Commission,
P.O. Box 140, Barnstable,MA 02630-0140.
(b.) Official Commission Business: Official Commission
Business shall be conducted at an open public meeting presided over by the
Chairman. Four members shall constitute a quorum unless the number required for
a quorum shall be changed by legislative action.
(c.) Commission Meetings:Commission meetings shall be held
on the first Tuesday of each month or as otherwise designated by the Chairman.
Notice of all meetings including date,time and place shall be published at least seven
days in advance of the date of such meeting in a newspaper published within
Barnstable County and distributed within each of the Towns of the District. In
addition, the notice for all Commission meetings shall be posted at the County
Commissioners' Office at least forty-eight hours prior to the meeting.
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(d.) Commission Membership: The Commission membership
shall be comprised of the Chairperson of each town's historic district committee. In
the event that the town committee's Chairperson is unable to attend Commission
meetings, another member of the Committee may be designated as Chairperson Pro
Tem to sit on the Commission and have full powers pro tem.
(e.) Computation of Time Periods: For the purposes of the
Historic District Act the computation of time periods shall be as follows:
0.) Whenever an action is required, by law or these Rules and
Regulations, to be performed within a specific number of days after
or not less than a specified number of days before, the day of such
action shall not be counted as one of such specified number of days.
L2.)Whenever the final day of taking any action, including the filing of
appeals,or rendering of decisions pursuant to the Historic District Act
falls on a Saturday, Sunday or legal holiday, the time for taking such
action shall be extended to the next following business day.
Q.) All appeal petitions shall be deemed filed on the date of receipt except
for mailed appeal petitions, which shall be deemed filed as of the
postmark date.
(4.)Appeal Petitions:
(a.) Appeal petitions submitted to the Commission shall be in written form and
contain the following: the signature and address of the aggrieved person or his designated
representative,the grounds for appeal, the relationship of the Appellant to the subject of
the appeal(i.e.,applicant,abutter,or other aggrieved party)and the remedy being sought.
(b.) Appeal petition forms provided by the Commission shall be used.
(c.) A certified copy of the town committee's decision must be obtained by the
Appellant from the Town Clerk and submitted with the appeal petition.
(d.) The appeal petition must be postmarked not more than 10 days after the
date on which the Committee's decision is filed with the Town Clerk. If the case is one
where the approval of an application resulted from a committee's failure to act within
the period prescribed by the Historic District Act,the appeal must be filed not more than
10 days after the expiration of said period. Appeals may not be filed by the use of
facsimile machines or electronic mail systems.
(e.) Prior to the expiration of time within which an appeal may be submitted,
the Appellant shall also mail or deliver a copy of the appeal petition to the:
1. Town Clerk,
2. Town Committee, and
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3. Applicant(if different from appellant).
(f.) A $200.00 filing fee must be paid to the Commission at the time of filing
the appeal.
(5.)Notification after Receipt of an Appeal Petition:
(a.) A public hearing upon the appeal shall be held by the Commission not more than
30 days after the date of receipt of the appeal petition. The Commission shall mail a written
notice of the date,time, and place of such hearing not less than seven days before such date to:
1. Appellant,
2. Applicant (if different from the Appellant),
3. Town Clerk(of the affected town) and
4. Commission members.
(b.) Not less than seven (7) days before the hearing the notice shall be printed in a
newspaper which is published within Barnstable County and distributed within each of the
towns in the District.
(5.) Committee Records: Upon notification of an appeal, a town Committee shall assemble
the file pertaining to the subject of the appeal. This information shall include plans,
specifications, elevations, minutes of the committee's hearing and any other relevant data. The
Committee Chairperson or Chairperson Pro Tern shall bring the file to the Commission hearing
for review. Upon completion of the Commission hearing the said file shall be returned to the
Committee.
(6.) Appeal Withdrawal: An appeal may be withdrawn at any time prior to the opening of the
public hearing by the Commission by filing a letter requesting the same with Commission
Counsel. The Commission will take no further action without a new review by the respective
Town Committee.
1.04: Conduct of Appeals
(1.) General:
(a.)The appeal hearings shall be conducted during a public meeting of
the Commission presided over by the Chairman.
(b.)The voting members of the Commission shall be those present
including pro tem members but excluding the member whose town committee
originally decided the issue being appealed. A present but non-voting member shall
be included for purposes of determining a quorum.
(c.)The Commission shall not be bound by the strict rules of evidence
applicable to the courts of law.
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(2.) Order of Presentation:
(a.) A clear, concise statement setting forth a description of the
proposed project and identifying specific reasons and/or factors supporting the
granting of a Certificate shall be made by or on behalf of the Applicant(if different
from the Appellant).
(b.) A clear, concise statement of the appellant's objections to the
Town Committee's decision shall be made by or on behalf of the Appellant. Such
statement shall include the grounds for the appeal.
(c.) The Chairman of the respective town committee or his designee
shall make a clear,concise statement of the basis for the decision of the Committee.
(d.) Other persons may be heard by the Commission and may present
testimony and evidence relevant to the appeal. The Commission may impose
reasonable time limits to all debate or discussion.
(3.) Decorum: All parties, counsel,witnesses,and any other persons present at an appeal shall
conduct themselves in a manner consistent with the standards of decorum commonly observed
in a court of law. In situations when such decorum is not observed, the Commission may take
such action, as it deems necessary to ensure the just and orderly conduct of the appeal hearing.
(4.) Non-Appearance: If no representative appears for one or more of the involved parties in
an appeal, the Commission may still carry out the appeal hearing in accordance, as nearly as
possible, with the guidelines set forth in 972 CMRI .04.
(5.) Continuance of a Hearing:
(a.) The Commission may, for good cause shown,postpone or continue
an appeal hearing to a time within the review period designated in the Historic
District Act.
(b.) The Commission may extend its review period for an appeal beyond
30 days if written consent is obtained from the Appellant and Applicant(if different
from the Appellant).
(6.) Public Record: A copy of all appeal petitions and written decisions shall be maintained as
the official public record of the Commission's actions.
(7.) Appeal Decision: The Commission shall render its decision in writing, stating the grounds
thereof,within 30 days after the date upon which the appeal hearing was conducted. A copy of
the decision shall be mailed or delivered to the Appellant, Applicant (if different from the
Appellant), the Town Committee Chairperson, and the Town Clerk.
1.05: Amendment of Rules and Regulations:
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It is hereby provided that the Rules and Regulations of the Commission may be amended or
supplemented from time to time by a vote of not less than two-thirds of the members of the
Commission.
2.00: Exempt Areas
2.01: Establishment Procedures:
The procedure for establishing exempt areas, pursuant to Section 7 of the Historic District Act,
shall be as follows:
(l.)Any area in a town historic district proposed to be established as an exempt area shall have
an area of not less than One Hundred (100) Acres. Parcels in separate ownership within said
area may be combined for the purpose of computing the required minimum area if they are
contiguous or are separated only by a public or private street or way. The boundaries of said
area shall be shown on a map sufficient for identification. Assessors' maps or property plans
may be used as the basis for any such maps.
(2) If a Town Committee, by a vote of a majority of all its members, declares it advisable to
consider establishment of such area as an exempt area, or if said committee shall receive a
petition signed by sufficient qualified petitioners, as herein set forth, requesting it to consider
the establishment of such an exempt area,the Committee shall hold a public hearing in said
town at which establishment of such an exempt area shall be presented for consideration and
discussion. Any such petition shall be signed by the owners of not less than fifty(50%)
percent of the separate lots in said area as they shall appear on the most recent tax list of said
town. Notice of the time and place of such public hearing,of the subject matter sufficient for
identification,and of the place where relevant texts and maps may be inspected shall be
published in a newspaper of general circulation in said town in each of two successive weeks,
the first publication to be not less than fourteen(14) days before the day of hearing and by
posting such notice in a conspicuous place in the town not less than fourteen(14)days before
said day of hearing.
(3.) After such public hearing and the consideration of such matters as the Committee deems
relevant,the Committee shall file with the Commission its report approved by a majority of all
its members stating whether or not it recommends the establishment of such exempt area, as
defined in said report, and setting forth all the facts and conclusions upon which such
recommendation is based.
(4.) After considering the report of the Committee and such matters as shall be deemed
relevant,the Commission, by the affirmative vote of not less than two-thirds of all its
members, may declare such area, subject to such boundary modifications as it considers
advisable, to be an exempt area if it finds that it lacks historic significance and that its
establishment as an exempt area would not cause substantial derogation from the intent and
purpose of said Act. The Commission's decision shall be filed with the Clerk of said Town,
whereupon the exempt area shall be deemed established.
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(5.) Any person aggrieved by said decision shall have the right to appeal to the appropriate
District Court in accordance with Section 1 I of said Act.
2,02: Certificates of Exemption in Exempt Areas:
Upon establishment of an exempt area, above set forth, the Committee, or its designee, may
issue Certificates of Exemption,without a hearing,with respect to any activity within such area,
which would otherwise be limited by Section 6 of the Historic District Act.
2.03: Amendment Procedures:
The procedure for amending the boundaries of an exempt area, pursuant to Section 7 of the
Historic District Act, shall be as follows:
(1.) The boundaries of any exempt area in a member town proposed to be reestablished as a
non-exempt area shall be shown on a map sufficient for identification. Assessors' maps or
property plans may be used as the basis for any such maps.
(2.) If a Town Committee, by the vote of the majority of all its members, declares it
advisable to consider the amendment of the boundaries of such area to be reestablished as a
non-exempt area or, if said committee shall receive a petition signed by sufficient qualified
petitioners, as herein set forth, requesting it to consider the amendment of the boundaries of
such area,the Committee shall hold a public hearing in said town at which reestablishment
shall be presented for consideration and discussion. Any such petition shall be signed by the
owners of not less than fifty (50%)percent of the separate lots in said area as they shall appear
on the most recent tax list of said town. Notice of the time and place of such public hearing,of
the subject matter sufficient for identification, and of the place where relevant texts and maps
may be inspected shall be published in a newspaper of general circulation in said town in each
of two successive weeks, the first publication to be not less than fourteen(14) days before the
day of hearing and by posting such notice in a conspicuous place in the town not less than
fourteen(14) days before said day of hearing.
(3.) After such public hearing and the consideration of such matters as the Committee deems
relevant,the Committee shall file with the Commission its report approved by a majority of all
its members stating whether or not it recommends amendment of the boundaries of such area,
as defined in said report, and setting forth all the facts and conclusions upon which such
recommendation is based.
(4.) After considering the report of the Committee and such matters as shall be deemed
relevant,the Commission, by the affirmative vote of not less than two-thirds of all its
members,may declare such area, subject to such boundary modifications as it considers
advisable, to be reestablished as a non-exempt area if it finds that reestablishment as a non-
exempt area would be in keeping with the intent and purpose of the Historic District Act. The
Commission's decision shall be filed with the Clerk of said town, whereupon the area in
question will cease to be included as an exempt area.
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(5.)Any person aggrieved by said decision shall have the right to appeal to the appropriate
District Court in accordance with Section 1 1 of the Historic District Act.
3.00: Excluded and Exempt Features and Activities:
3.01: General:
There are a number of activities and features,which have been excluded or exempted under
the Historic District Act. Excluded features or activities do not require Certificate of
Appropriateness from the Town Committee. Exempted features and activities require a
Certificate of Exemption, which may be obtained from the Town Committee or its designee
without a hearing.
3:02: Unsafe or Dangerous Conditions: Whenever any portion of a structure within the District
is to be demolished or removed, whether it is visible from a way or public place or not,a
certificate from the Town Committee is required. The only exception to this requirement
applies to unsafe and dangerous conditions, which require immediate emergency action in
order to protect the safety of individuals. If the local building inspector determines that a
structure is unsafe and requires emergency action to protect the safety of individuals, the
Inspector may issue a written certificate than an emergency condition exists and is authorized
to remove the hazard with without a certificate from the committee. After the hazard is
removed an appropriate certificate shall be obtained from the Committee. In many situations
both a Certificate for Demolition or Removal and a Certificate of Appropriateness will be
necessary if the project involves the replacement or relocation of a building or structure.
3 :03: Exclusions: The following features and activities are allowed by the Historic
District Act with no requirement for any certificate or action by the Town Committee.
(a.) Ordinary maintenance and repairs that do not change exterior architectural
features: This provision has been construed to include the replacement of shingles and
clapboards with the same existing material, but shall not include changes from wood to vinyl,
aluminum or fiber; or painting which changes the color of a building except for those changes
specifically eligible for a Certificate of Exemption.
(b.) Change of color: Any building or structure may be painted white without
Committee approval.
(c.) Real estate signs of not more than three square feet,occupational signs of not more
than one square foot,and temporary signs in connection with official celebrations and charitable
drives may be displayed within the District without any action by the Town Committee. Signs
for builders and contractors are allowed, but only during the time of the building project.
(d.) Temporary structures: Temporary structures for official celebrations (parades)or
charitable drives.
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3 :04: Exemptions: An exemption can apply in three situations. The first is when property is
located within an exempt area and no documentation is required from the applicant except for
the application for a Certificate of Exemption. The second is when the feature is not within
view from a way or public place and only a site plan is required along with the application for
a Certificate of Exemption. The third is when a feature has been specifically exempted by the
Commission. When one of these three situations applies the Town Committee may issue a
Certificate of Exemption without a public hearing. The applicant must apply for the Certificate
of Exemption using the appropriate form and supplying the documents specified in this
section.
The Commission has established the following list of features as eligible for a Certificate of
Exemption:
(a.) Fences: Wooden fences, not higher than 4 feet, may be allowed, as an exempt
item, if appropriate for the site and associated structure,provided the finished side of the fence
faces out from the fenced area, in the following styles:
1. Split, half round or round post& rail in natural (unpainted) finish.
2. Square rail in white or natural (unpainted) finish.
3. Vertical picket in white finish or natural (unpainted) finish.
4. Vertical flat board with cap rail 4-6 inches wide in natural or white Finish.
(Site plan must be submitted)
(b.) Hedges: Natural, not to exceed four feet in height.
(Site plan must be submitted)
(c.) Flag Poles: A freestanding flagpole on a residential property may be allowed, as
an exempt item, provided it is not over 25 feet in height, not less than 20 feet from a way,
constructed of wood in natural finish or white or constructed of aluminum or fiberglass in a
white finish.
(Site plan must be submitted)
(d.) Arbors and Trellises: A single arbor or trellis of lightweight, wooden construction
may be allowed if not over nine feet high.
(Site plan must be submitted)
(e.) Roofs: Architectural wood-style asphalt roof shingles (black, gray or
weatherwood)and natural wooden cedar only may be allowed,as an exempt item,if consistent
with the style and color of the building, and not over 5-inch exposure to the weather.
(Sample must be submitted)
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(f.) Stone Walls: Construction of natural fieldstone and not exceeding 30 inches in
height.
(Site plan must be submitted)
(g.) Sheds: A single wooden shed may be allowed, as an exempt item for residential
use, if appropriate for site and associated structures, and if meeting the following criteria:
a. SIZE — No more than 120 square feet in floor area and no more than 12
feet in height to ridgeline.
b. ROOF PITCH — The roof must have at least a 7/12 pitch. The roof must
rise at least 7 inches for every 12 inches of run or match the roof pitch of
the existing house.
c. ROOF MATERIAL — Asphalt or wood shingles. If asphalt shingles are
used,they should match the roof color of the house.
d. SIDING — Clapboards and/or cedar shingles are preferred; Barn board is
acceptable; Texture 1-11 is not acceptable.
e. DOORS and WINDOWS — At least one door and one proportional
window.
f. COLOR - Natural (unpainted), white, light gray or a color matching the
existing house.
g. FOUNDATION—No more than 12 inches of foundation exposed.
h. LOCATION — at least the minimum distance required by the town from
the side lot line and at least the same minimum distance from the rear lot
line. The front of the shed shall not be extended farther forward on the lot
than the rear wall of the existing house.
(A site plan and 3 sets of shed elevations must be submitted)
(h.) Freshwater Seasonal Docks & Piers: Freshwater seasonal docks and piers with
their floats and pilings properly licensed and permitted by all other State and local authorities.
(Site plan and all licenses and permits must be submitted)
(i.) Commemorative plaques: Issued to signify the inclusion of a structure on the
National Register of Historic Places. Such plaques shall be no larger than one square foot and
shall be affixed to the structure.
4:00 Violations and Court Jurisdictions:
4:01 General:
While violations of the Historic District Act are usually minor in nature and few in number,
the law provides the fullest opportunity for complete judicial redress against any violator.
26
Violations should be prosecuted in the local District Court and may be brought either by civil
action or criminal complaint. Often times the violation of the Historic District law will also
include violations of other statutes and by-laws which may provide for more severe penalties.
4:02: Enforcement:
(a.) The Town Building Inspector is responsible for enforcing the Historic District Act.
The law states that "no permit shall be issued by the local building inspector for any building
or structure to be erected, removed or demolished within the District unless the application for
said permit shall be accompanied by a Certificate of Appropriateness, Certificate for Removal
or Demolition, or Certificate of Exemption. (See Section 6 of the Act). The law further states
that the building inspector of the affected town shall have the "power and duty" to enforce the
provisions of this law. For these reasons all violations should be promptly reported to the local
building inspector's office for proper enforcement action. While the local building inspectors
are specifically charged with the responsibility for enforcing the Act, any person who observes
a violation may seek a criminal complaint against the violator(s). Any person who violates any
provision of the Historic District Act is guilty of a misdemeanor and in 1974 the Massachusetts
Supreme Judicial Court ruled that even though the Legislature may have imposed the duty to
prosecute violations on a particular public official--in that case a health agent—anyone who is
competent to give oath may seek a criminal complaint in the local District Court. (See:
Commonwealth v. Haddad, 364 Mass. 795, 308 NE2d 899(1974)). Therefore, if a citizen feels
strongly about a violation, he may seek direct action against the violator(s) by going to the
Magistrate's office of the local District Court. The Commission recommends that all violations
be brought to the local building inspectors office for enforcement. If criminal action is to be
initiated, the complainant should obtain competent legal advice and discuss the matter with
members of the local District Attorney's office.
4:04: Proof of Violations:
Any person suspecting a violation of the Historic District Act should take steps to properly
document the violation and be prepared to testify as a witness. The following information and
material will be helpful in supporting any enforcement action:
(a.) Statement of Facts. A brief written statement outlining the alleged
violation should be submitted to the local building inspector's office and a copy retained
by the complainant. The statement should include the following information:
(i.) Location of the violation including street address and
assessors' map number.
(ii.) Type of violation—describing the specific section of the
Historic District Act that is being violated and indicating whether the violation
involves construction or demolition.
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(iii.) The name(s) and address(es) of the violators. This should
include the owner,builder, machinery operators and other persons participating in
the work.
(iv.) Name and address of the person reporting the violation.
(v.) List of possible witnesses and names and addresses of any
persons observing the violation.
(b.) Photographs: Photographs of the work in progress with sufficient
detail so as to identify the extent of the violation and the person doing the work. The
date, time and location of the photograph should be written on the back of each
photograph along with the name(s) and address(es) of the photographers.
404: Court Jurisdiction and Penalties:
(a.) The local District Court has jurisdiction over civil actions, criminal complaints
and appeals. Matters involving the Towns of Sandwich, Barnstable and Yarmouth should be
brought to the Barnstable District Court located off Route 6A in Barnstable Village. Matters
involving Dennis,Brewster and Orleans should be brought to the Orleans District Court located
just off Route 6 at the Orleans/Eastham rotary circle.
(b.) Violators of the Historic District Act are guilty of a misdemeanor and may be
fined from a minimum of$100 to a maximum of$500, with each day constituting a separate
violation.The penalty of contempt is available for any violation of ajudicial order issued by the
local District Court.
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OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT
GUIDELINES
INTRODUCTION
These guidelines are adopted by the Commission in an effort to aid applicants in
appearing before the local Committees of the Old King's Highway Regional Historic District.
The more information provided to the Committee with an application the easier it will be
for the Committee to render a prompt decision.
All plans submitted for approval should be prepared to scale and clearly drawn so the
Committee can know from looking at such plans exactly what the applicant intends to do.
Preliminary informal discussions with the Committee regarding a proposed project are
encouraged prior to the filing of a formal application.
A. AREAS OF GENERAL RESPONSIBILITY.
1. It shall be the duty and responsibility of the local building inspector to enforce the
provisions of the Historic District Act.
2. It shall be the duty and responsibility of the local historic district committee to
locally administer the Act.
3. It shall be the duty and responsibility of the Regional Commission to interpret the
Act,to hear appeals, and to coordinate the overall efficient operation of the District.
4. It shall be the duty and responsibility of the applicant to file a fully completed
application (see Paragraph 7 below) including an accurate list of all abutters with their
permanent mailing addresses. Applications shall include exterior plans and details as well as
any related information and material that will assist the Committee in determining, the
appropriateness of the project. Incomplete filings may be a basis for denial of the application.
Any application approved without all abutters being notified may be legally void even if work
has started.
5. All applications shall be filed on Commission approved forms available in the local
town hall. An incomplete application can be the basis for the rejection of a filing.
6. All plans submitted for approval should be prepared to scale and clearly drawn so as
to indicate the exact nature and extent of the proposed project.
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7. All applications should be accompanied with the following information:
a. A plot plan showing the exact location of a proposed
building or structure and identifying existing buildings and structures. Indicate
what landscaping or planting, if any, is to be done.
b. Complete preliminary exterior plans with four elevations
of the proposed building or structure and sufficient to show topographical
features if appropriate.
c. A specification sheet describing materials and colors to be
used in the proposed project.
L Materials: detailed description of the size, type and composition
must be specified.
ii. Colors: Submit color chips if any color other than white is intended
to be used. There are no pre-approved colors other than white.
d. Photographs of the site and related buildings and structures
may be used to assist the applicant in describing the project. When an
application calls for renovations, additions, alterations, or demolition,
photographs of the site and structure are mandatory.
e. For commercial properties a professional landscaping plan
must be submitted. For single-family homes please indicate the proposed tree-
cutting, clearing and landscaping.
f In the Committee's discretion, all lots may need to be
staked or flagged to show the footprint of the proposed structure.
g. All existing structures should have a visible house/street
number and should be marked to show the activity which is the subject of the
application.
8. Committee members shall familiarize themselves with each application
and site prior to any determination.
9. Committee members shall be required to fully understand the Act and
conduct themselves in a professionally responsible manner. In making
determinations,the members shall base their decisions on sound judgment free of any
personal prejudice.
10. If the Committee shall make a determination against the Applicant,it shall
state in writing the specific reasons for denial.
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B. RECOMMENDATIONS TO APPLICANTS.
1. Preparations: All plans and related materials should be filed with the Committee
at the time the application is submitted. The Commission recommends that discussions with
abutters be made prior to the public hearing so as to avoid unnecessary misunderstandings at
the public hearing.
2. Each application shall be judged on the criteria set forth in the Act under
Section 10 including therein, but not limited to, historic value and significance, general
design, arrangement, texture, material, color, relative size, and settings.
3. Style: While traditional styles are encouraged, the Act does not require that
design be limited to repetition of existing or previous architectural styles. Contemporary
designs and features may be considered provided they are in harmony and compatible with
the existing features of the building and neighborhood.
4. Materials and Methods: Applicants are encouraged to use building materials
and forms indigenous to the area. While the use of vinyl and other similar types of synthetic
siding is not recommended, the Committee may allow its use subject to the following
conditions:
a. That the applicant be made aware--by the installer-- of the
hazards posed by its use.
b. That proper steps be taken to ensure that all rotting or
decaying clapboards be removed prior to installation.
c. That all termite, carpenter ant, or other insect infestation be
eliminated prior to installation.
d. Flaking and peeling dry rot be removed and features to be
restored.
e. That appropriate steps be taken to ensure that the particular
synthetic siding being installed has adequate ventilating holes to allow for
proper breathing.
f. That the original wood detail and ornamentation of the
building be preserved, and the edge of the synthetic siding be sculptured so as
to properly fit the existing wood molding.
g. That the synthetic siding be of sufficient quality and design
to protect and preserve the future appearance and historic integrity of the
building in a manner that will not negatively distinguish it from the other
buildings in the neighborhood.
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h. Synthetic sidings such as Texture 1-11 will not be approved
without extensive explanations for the necessity of its use.
5. Energy Conscious Design: Applicants may consider alternative energy resources
when submitting proposals. Skylights, solar panels, and wind generators may be approved
provided the system will function in a practical manner and adhere to the following:
a. Minimum visual impact on the surrounding neighborhood.
b. No change to the appearance of the buildings except for the addition of the panels.
c. The installation of the system does not permanently destroy significant historic
features of the building.
d. The applicant uses ground level solar panel mountings where possible.
e. Roof mountings positioned so as to match existing roof slopes.
f. Extensive use of vegetation and landscaping so as to minimize the visual impact of
the system.
g. Devices should be designed and constructed in such manner as to blend with existing
features in the immediate area.
h. Wind generator towers should be located as far as possible from the street line so as
to minimize the visual impact of the device.
1. Skylights should be of low profile with a flat pane.
6. Other Specific Features:
a. Roof pitch, 7 over 12 minimum
b. Dormers must have setbacks and/or false jets.
c. Large, exposed concrete foundations require covering with vegetation or
appropriate siding material. There should be not more than 12 inches of exposed
concrete.
d. Large buildings or structures: Buildings of 50 feet or more in length may require
breaks through set—back or roofline alternatives to reduce the massiveness of the
building or structure.
e. Excessive repetition of style,color,or design can be inappropriate.
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E All flues, vents, or metal chimneys are to be enclosed or screened.
7. Signs: The visual impact of advertising and business identification signs
has an enormous effect on the character of our villages. Signs can attract business by
good design that complement the beauty of their surroundings, or they can destroy it
by being blatant, loud, and irritating. The District's business economy is built and
dependent upon the unique natural beauty of the villages. Preserving this
environment is the essence of good business. The following guidelines are to
establish a framework for good design that will help protect our businesses and
encourage their successful growth and development. Circa ("C. 1800") are
permissible but should be placed so as not to be confused with the property's address.
a. Size.
Desirable
Signs which do not exceed the size of other signs in the neighborhood, and which
will not stimulate a growth in sign size within the neighborhood will generally be
approved. Local sign codes and the zoning by—laws establish maximum size
limitations. Frequently these maximum size limitations are excessive for specific
neighborhoods and should not be relied upon for determination or appropriateness.
Temporary real estate signs should not exceed three (3) square feet in area.
Undesirable
Bigger is not better and signs whose size will stimulate competing business to enlarge
their sign to match or exceed the one seeking approval will generally not be
approved. Signs in excess of twelve (12) square feet in area.
b. Number of Signs
Desirable
One well designed sign per premises combining and reducing the number of signs
on a premise will reduce confusion and ensure that the broadest attention is given
to the message contained therein.
Undesirable
Disjointed multiple signs conveying multiple messages and each promoting a single
product, service or business create confusion.
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c. Message
Desirable
A simple sign identifying the type of business or services available on the premises
and expressing the character and quality of the products and services available are
to be encouraged.
Undesirable
Multiple signs promoting and advertising specific products, prices or name brands
which tend to compete with one another for the attention of the observer should be
avoided.
d. Desian character
Desirable
Signs that blend well with the Cape Cod type of architecture.
Undesirable
Overly ornate design
Grotesque block forms and colors.
Glittering urban "chrome-plastic-neon" designs.
Commercial window or exterior signs (gas,beer, soda, daily specials, etc.)
e. Materials
Desirable
Backgrounds of wood (redwood, cedar, etc.) Planking or exterior grade plywood.
Letters cut out, or painted on, or incised with contrasting color. Quarter board
carved. Separate raised letters of wood or black iron can also be effective applied
to building walls. Anchorage of signs should be as simple and inconspicuous as
possible, compatible with necessary strength. Structural supports for free-standing
signs are preferably of wood timbers.
Rigid-steel framework, if used, should be painted dark brown, matte finish. Natural
stone planters can be used to provide greater protection for the sign and give
opportunity for landscaping.
Undesirable
Bright chrome or stainless steel or lettering. Shiny
metal or plastic backgrounds.
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Unpainted or brightly painted steel supports, pipes, brackets, etc. Amateur
hand lettering.
f. Colors
Desirable
Any of a wide range of warm colors, from matte black to ivory.
For signs mounted on the building the background color should be similar to the wall
color.
Undesirable
Gloss black or stark white, vermilion, hot orange, lemon or lime yellow, emerald
green, aqua blues, violet lavender, purple.
g. Placement
Desirable
When located on buildings or roofs, preferably within the silhouette of the building,
just above the eave line, suspended below the eave line, against a parapet well, or
immediately over the entrance or display window are the best. Free-standing signs
should be kept as low as possible without blocking visibility at intersections. Two
or three feet above ground level is preferable, except at intersections where four or
five feet is sufficient. Six feet high to the cross arm is the maximum height.
Undesirable
Signs on high poles. Off premises signs. Signs projecting above roof ridge lines or
excessive horizontal projections.
h. Lightine
Desirable
If lighting is necessary,small spotlights from adjacent roofs or in the planting area,
or from a continuous light strip with baffle at sign top.
Undesirable
Flashing or moving forms of illumination, internal illumination, except where
demanded by established insignia of a nationwide company and then only with
minimum intensity.
i Costs
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The signs suggested above will average much less in cost than the steel frame,
plastic and chrome, commonplace elsewhere. Maintenance costs are also less and
the need for changes less frequent.
j. Additional Statutes and Regulations.
Any person wishing to erect a sign within the District must also comply with the
requirements of the local zoning by-laws, sign code, and other provisions of the
Massachusetts General Laws Annotated regulating the placement of signs. A few of
the statutes which should be checked for compliance are listed below:
c. 112, Sec.52A Dentists
c. 112, Sec.60K Architects
c. 140, Sec. 18 Innholder
c. 140, Sec. 126 Gunsmiths
c.266, Sec.94 Prohibiting malicious defacing of signs.
c.266, Sec. 126 Prohibiting posting of signs on certain buildings.
c.87, Sec.9 &10 Prohibiting the affixing of a sign to a public shade
tree.
c.85, Sec. 8. Requirement of a local permit for signs
and other devices within the layout of
a public way.
c.93, Sec. 29-33 Outdoor advertising generally.
c.93D Sec. 2A
c.143. Sec. 1-100 State Building Code
c.23B, Sec. 1-30
k. Designers and Builders.
There are many well qualified and creative sign designers and builders who are
familiar with these guidelines. Preparation of sketches and cost estimates are
generally part of their services.
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PETITION FOR APPEAL (FORM-D)
For Appeal filing procedure see: Docket No.
972 CMR Section 1:02 & 1:03 Date Filed
RULES AND REGULATIONS (The above for Oficial use only)
(PLEASE TYPE OR PRINT)
Old King's Highway Regional Historic District Commission
P. O. Box 140, Barnstable,MA 02630 Telephone: 508-775-1766
Appellant
vs.
Town of
Old King's Highway Regional Historic District Committee
1. This is an appeal from the above listed town Committee's decision (a copy is attached)
on is application for
(Applicant's name) (Project)
located at
and(approved/disapproved)by the local town's historic district Committee on
and filed with the Town Clerk on
(Dated) (Date)
2.The reason for this appeal is:
(If further remarks arc needed,attach additional 8 12 x 1 I sheet
3. The relationship of the appellant to the subject of appeal is that of
(Applicant/Abutter/Other aggneved parry)
4.The remedy sought by the appellant is
(Annulment ofwwn committee's decision/Rcvertal to town committees docision/Remand application to town committee)
5. 1 hereby certify that 1 have given notice of this appeal to the Town Clerk, Town
Committee&Applicant, if different. I have enclosed the required filing fee.
6. In the event that scheduling does not permit the hearing to take place within 30 days, I
hereby grant an extension of time until the next regular scheduled Commission meeting.
(Date) Signature ofappcllant or designated reptocntative
Appellant's Mailing Address:
Tel. No.
Name, address&telephone of agent and/or attorney:
The appeal must be filed within 10 days of the filing of the decision with Town Clerk