Print
  • Acts
  • 2003
  • Chapter 113 AN ACT RELATIVE TO THE HISTORIC BUSINESS DISTRICT OF THE TOWN OF CHATHAM.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Section 2 of chapter 641 of the acts of 1985 is hereby amended by striking out the second, third and fourth sentences and inserting in place thereof the following 3 sentences:- The selectmen in making such appointments shall use reasonable efforts to include 1 architect or builder, 1 realtor, 1 historian or person with experience in historic preservation, and 1 person with present or past business experience, with consideration being given to a person who presently or previously has owned or operated a business within the historic business district. The original appointment of members of the historic business district commission shall be 1 for 1 year, 1 for 2 years, 1 for 3 years and 1 for 4 years and 1 for 5 years from the date of the annual town elections following such appointment, and thereafter upon the expiration of the term of any member or members, the selectmen shall appoint a member or members for the term of 3 years. The selectmen shall also appoint 2 alternate commissioners annually, each to serve for a 1 year term, and, in their discretion, may also appoint 1 or more advisory or liaison members from other town boards or commissions for such terms as they deem appropriate.

SECTION 2. Section 3 of said chapter 641 is hereby amended by adding the following 2 sentences:- All municipal properties which were located wholly or partially within any of such districts as of said date shall continue to be included as part of the historic business district, notwithstanding that all municipal properties were included within a separate municipal district effective on May 12, 1987. The district established by this section may be enlarged, changed or reduced in order to comport and agree with any future changes in the designation, size or location of commercially zoned districts in the town of Chatham; provided, however, that the same shall be agreed upon by a 2/3 vote at any regular or special town meeting, the warrant for which shall contain an article or articles for that purpose.

SECTION 3. Section 4 of said chapter 641 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Except as set forth in section 11, a building or structure shall not hereafter be erected, reconstructed, altered or restored within the historic business district in any way that affects its exterior architectural features nor shall any building permit for the work be issued by the building inspector until an application for a certificate of appropriateness has been approved or a certificate of nonapplicability issued.

SECTION 4. Section 5 of said chapter 641 is hereby amended by inserting after the word "interest", in line 5, the following words:- or of significance or importance to the district as a whole.

SECTION 5. Said chapter 641 is hereby further amended by striking out section 6 and inserting in place thereof the following section:-

Section 6. Signs. Except as set forth in section 11, the erection or display of any 1 sign exceeding 1 square foot in size or the erection or display of more than 1 sign, irrespective of size, on any lot, building or structure located within the historic business district shall be approved in advance by the historic business district commission. Evidence of the approval shall be a certificate of appropriateness or a certificate of nonapplicability issued by the commission.

SECTION 6. Section 7 of said chapter 641 is hereby amended by inserting after the word "chairman", in line 1, the following words:- , a vice-chairman.

SECTION 7. Said section 7 of said chapter 641 is hereby further amended by striking out the fourth sentence.

SECTION 8. Said chapter 641 is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. Rules and Regulations. The commission shall adopt, following a public hearing, rules and regulations that are desirable and necessary and which are consistent with this act. Notice of the public hearing shall be advertised in a local newspaper for 2 consecutive weeks before the public hearing. The rules and regulations shall become effective when filed with the town clerk.

SECTION 9. Section 9 of said chapter 641 is hereby amended by inserting after the word "private", in line 6, the following words:- or from a public park.

SECTION 10. Section 10 of said chapter 641 is hereby amended by inserting after the word "ways", in line 8, the following words:- or public parks.

SECTION 11. Section 11 of said chapter 641 is hereby amended by adding the following sentence:- The commission, following a public hearing, may also adopt rules and regulations establishing certain work or categories of exterior architectural features that may be constructed, removed, changed or altered without requiring a certificate of appropriateness or which permit the erection or display of signs without the requirement of a certificate.

Section 12 of said chapter 641 is hereby amended by inserting after the word "arrangement", in line 5, the following word:- color.

SECTION 13. Said chapter 641 is hereby further amended by striking out section 13 and inserting place thereof the following section:-

Section 13. Approval. Upon approval of the plans by a majority of the commission, the commission shall cause a certificate of appropriateness or permit for removal or demolition, dated and signed by the majority, to be issued to the applicant.

SECTION 14. Section 14 of said chapter 641 is hereby amended by inserting after the word "removal", in line 3, the following words:- or demolition.

SECTION 15. Said chapter 641 is hereby further amended by striking out section 15 and inserting in place thereof the following section:-

Section 15. Violations. (1) A person who violates this act or the rules and regulations authorized under section 8 shall be subject to a fine not to exceed $300 which fine shall enure to the town. Each day that a violation continues shall constitute a separate misdemeanor offense.

(2) Alternatively, a violation of this chapter and the rules and regulations promulgated under section 8 shall be subject to section 21D of chapter 40 of the General Laws. Each day that a violation continues to exist shall constitute a separate offense.

Approved November 20, 2003.