Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 395 of the acts of 1970 is hereby amended by inserting after section 2 the following section:-
Section 2A. For purposes of this act the following words shall have the following meanings:-
"Altered", shall include the words rebuilt, reconstructed, rehabilitated, remodeled, renovated, and restored.
"Building", a combination of materials forming a shelter for persons, animals or property.
"Commission", the Nantucket Historic District Commission acting as the Historic District Commission.
"Constructed", shall include the words built, erected, installed, enlarged, and moved.
"Exterior architectural features", such portions of the exterior of a building or structure as are open to view from a beach, a public way, a traveled way, a street or way shown on a land court plan or shown on a plan recorded in the registry of deeds, a proprietor's road, a street or way shown on a plan approved and endorsed in accordance with the subdivision control law, a public park, or a public body of water, and shall include, but not be limited to, the architectural style and general arrangement and setting thereof; the kind, color, and texture of exterior building materials; the color or paint or other materials applied to windows, doors, lights, signs, trim, gutters, leaders, louvers, vents, porches, decks, staircases, steps, balconies, roof walks, and other appurtenant exterior fixtures.
"Razed", shall include the words destroyed, demolished and removed.
"Structure", a combination of materials other than a building, including, but not limited to, a sign, fence, wall, terrace, walk or driveway.
SECTION 2. Said chapter 395 is hereby further amended by striking out section 5, as amended by section 1 of chapter 300 of the acts of 1984, and inserting in place thereof the following section:-
Section 5. (a) No building or structure shall be constructed or altered within the Nantucket Historic District in any way that affects its exterior architectural features unless and until either:
(1) an application for a building permit shall first have been approved as to exterior architectural features, which approval shall be evidenced by a certificate of appropriateness issued by the commission; or
(2) the commission first issues a certificate of nonapplicability with respect to such alteration or construction.
(b) No building permit for construction or alteration of a building or structure within the Historic Nantucket District shall be issued by the building inspector until and unless the applicant has first obtained the applicable certificate from the commission. No occupancy permit shall be issued by the building inspector with respect to any building or structure in the Nantucket Historic District unless and until the building inspector receives a written certification from the Historic District Commission that (1) the building or structure has been constructed or altered in compliance with the terms of the certificate of appropriateness issued therefor or (2) a certificate of nonapplicability has been issued for the construction or alteration.
(c) Nothing in this act shall be construed to prevent the ordinary maintenance, repair, or replacement of any exterior architectural feature within the Nantucket Historic District which does not involve a change in design, material, color, or the outward appearance thereof; nor to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition.
SECTION 3. Section 8 of said chapter 395 is hereby amended by adding the following two sentences:- The commission shall make and publish rules and regulations adopting or establishing guidelines for exterior architectural features and establishing procedures for the processing of applications and conduct of hearings. The commission may establish such fees with respect to applications and hearings as it deems necessary and appropriate to defray its expenses.
SECTION 4. Subsection (a) of section 9 of said chapter 395, as amended by section 2 of chapter 300 of the acts of 1984, is hereby further amended by inserting after the word "a", in line 6, the first time it appears, the words:- beach, public way, public park, public body of water.
SECTION 5. Said section 9 of said chapter 395 is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) The Historic District Commission shall not consider relative size of buildings in plan, interior arrangement or building features not subject to public view. The commission shall not make any recommendations or requirements except for the purpose of preventing developments incongruous to the historic aspects of the surroundings and the Historic Nantucket District. SECTION 6. Said section 9 of said chapter 395 is hereby further amended by striking out subsection (g), added by chapter 708 of the acts of 1972, and inserting in place thereof the following subsection:-
(g) The commission shall have, in addition to the powers, authority, and duties granted it by this act, such other ancillary, enforcement, or investigative powers, authority, and duties as may be delegated or assigned to it from time to time by vote of an annual or special town meeting of the town of Nantucket.
SECTION 7. Said chapter 395 is hereby further amended by inserting after section 10 the following section:-
Section 10A. It shall be a violation of this act for any person to construct or alter a building or structure without having first obtained from the commission a certificate of applicability or a certificate of nonapplicability; for any person to raze any building or structure without having first obtained from the commission a permit for such razing; for any person to construct or alter a building or structure in any way which is inconsistent with or contrary to the terms of the certificate of approval issued for such building or structure; or for any person to knowingly submit false, fraudulent, or misleading information to the commission in connection with any application.
SECTION 8. Section 11 of said chapter 395 is hereby amended by adding the following sentence:- Such appeals shall be taken within ten days of the filing by the commission of its certificate of determination with the clerk of the town of Nantucket and written notice of such appeal shall be given by the appealing party to the commission at the time such appeal is taken.
SECTION 9. Section 12 of said chapter 395 is hereby amended by striking out the second sentence and inserting in place thereof the following two sentences:- The appealing party or parties shall, at the time of filing such appeal, give notice thereof to all persons who were parties to the appeal to the board of selectmen, by causing to be delivered to such parties a copy of the complaint and written notice of the filing thereof. The court shall hear all pertinent evidence and determine the facts and, upon the facts so determined, annul such decision if found to exceed the authority of such board, or may remand the case for further action by the commission, or make such other decree as justice and equity may require.
SECTION 10. Said chapter 395 is hereby further amended by striking out section 13 and inserting in place thereof the following section:-
Section 13. The superior court sitting in equity for Nantucket county shall have jurisdiction to enforce the provisions of this act, and the certificates, permits, determinations, rulings, and regulations issued pursuant thereto, and may, upon petition of the commission, restrain by injunction violations thereof; and, without limitation, such court may order the removal of any building, structure, or exterior architectural feature altered or razed in violation of this act, and may issue such other orders for relief as may be equitable.