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Provincetown's Historic District by-law effective August 28, 2003: Chapter 15 of the Provincetown General By-laws approved by Article 9 of the April 7, 2003 Annual Town Meeting, and by the Massachusetts Attorney General under MGL C.40§32 on August 14, 2003; effective on Thursday, August 28, 2003 at 12:01 a.m. |
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Read the text of the By-law Html version; PDF file |
More about Historic Provincetown |
| See the map of affected properties | |
| Historic District Study Committee's Preliminary Study Report for the proposed Provincetown Historic District. | |
Historic District Commission - Transition
The Historic District Commission replaces the Historical Commission as the body charged with regulatory review of historic structures in Provincetown. Read about the transition.
HDC Alternate members sought.
The Provincetown Board of Selectmen is seeking applicants for the two alternate positions on the newly-established Historic District Commission, pursuant to Provincetown General By-laws Chapter 15, which was approved by Article 9 of the April 7, 2003 Annual Town Meeting, and by the Massachusetts Attorney General under MGL C.40§32 on August 14, 2003 Completed applications must be returned to that office by not later than Thursday, September 18, 2003 at 5:00 p.m. Click for details
PROVINCETOWN
HISTORIC DISTRICT
The Local Historic District
By-law, Chapter 15 of the Provincetown General By-laws,
approved by Article 9 of the April 7, 2003 Annual Town Meeting, and by the
Massachusetts Attorney General under MGL C.40§32 on August 14, 2003 and became
effective on Thursday, August 28, 2003 at 12:01 a.m.
PROVINCETOWN
HISTORIC DISTRICT FACT SHEET
Provincetown has a diverse and singular history that can be easily read through its built environment. The rich texture of cultural, period, and social influences that have led to the construction and adaptation of the town’s buildings has produced a sense of place that is uniquely Provincetown. These special qualities have, for over a century, attracted the artists, tourists, and bohemians that have blended with the local population and produced the community’s character.
Explosive increases in real estate values and development pressures are threatening to obliterate the very characteristics that distinguish our community. Although portions of the town are designated a National Register District, the loose set of guidelines and minimal protection such designation offers has produced a mixed legacy of successes and failures.
In order to strengthen local
control and enhance the protection of our heritage, the
Provincetown Local Historic District Study Committee was created in 1999 by the
Board of Selectmen to evaluate the need for a Local Historic District in
the Town of Provincetown. The LHDSC, following guidelines set forth by
the Massachusetts Historical Commission, reviewed current historic preservation
activities of the Provincetown Historical Commission under the auspices of the
Cape Cod Commission. It also examined the procedures and
benefits of a locally controlled design review bylaw. An article, based on the above stated
information, will be presented at the 2003 Town Meeting proposing to create a
local historic district consisting of the area in Provincetown that matches the
size of the existing National Register District.
WHAT IS THE GOAL OF THIS BYLAW?
It is not the intent of this measure to freeze the concerned district as an artificial period setting. Rather, we recognize that a living community changes and adapts according to its contemporary requirements. Provincetown has a long history of adapting its built environment to suit its current needs. The architectural design guidelines are offered as a framework within which individual creativity is encouraged while ensuring the continuity of the town’s physical and cultural character.
WHO WANTS THIS BYLAW?
The 2000 Annual Town Meeting produced the voters’ approval of Article 15, the Local Comprehensive Plan. Among that Plan’s recommendations is "Develop a local historic district, design guidelines and a design review process....” Moreover, in the 1995 Community Visions Survey, respondents answered 91% affirmative to the question "Is it important to preserve Provincetown’s historic areas and qualities?" That is the highest level of support for any current or proposed issue facing the community. With that mandate, the Board of Selectmen appointed a local historic district study committee to recommend a home-based system of review.
WHO WILL BE AFFECTED BY THIS BYLAW?
This bylaw affects property owners within the National Register District boundaries contemplating changes to the exterior architectural features visible from the public way. The Provincetown Historic District, the most visible and economically important area of town will be administered as a local architectural review area with guidelines tailored to its specific needs.
WON’T THIS BE ANOTHER LAYER OF BUREAUCRACY?
No. The steps involved in obtaining a building permit will remain exactly the same. Under the present system, the Provincetown Historical Commission is responsible for design review while the new arrangement gives that responsibility to the Provincetown Historic District Commission. This is an improved process, not a lengthier one. Many items will be exempt from review, and proposals which are minor in nature and/or clearly conform with the Guidelines will be approved administratively without need for a Commission hearing.
HOW WILL THIS AFFECT ME?
The proposed design review guidelines make clear that non-historic components and personal
preferences such as paint color, landscaping, maintenance and repair work, outdoor furnishings, interior work, signs, storm windows & doors, air conditioners, lighting, and other basic elements of structures are not subject to review. Only significant historic exterior aspects of the structure visible from public ways are affected.
HOW
DOES THIS PROCESS DIFFER FROM EXISTING REVIEW?
1. The town will retain control of the fate of its historic resources. Currently, the Cape Cod Commission has the ultimate authority.
2. Design Review Guidelines will be included, which will provide help and predictability to applicants and Commission members alike. Currently, there are no design guidelines.
3. The process will be streamlined, allowing for administrative approvals, without need of a hearing, for proposals which clearly conform to the Guidelines and for work that is minor in nature.
4. The Historical Commission, under the current arrangement, has no representative or background requirements for its members. The Historic District Commission, on the other hand, will consist of five members and two alternates. The Planning Board, Chamber of Commerce, and the Provincetown Art Association and Museum will each appoint a member to represent their interests. In order a ensure higher degree of professionalism, the Board of Selectmen and the Provincetown Historical Commission will each appoint a member with a significant background in related fields (architecture, urban design, community planning, historic preservation, engineering, law, etc.). The Board of Selectmen will appoint interested members of the general public to the two alternate seats.
HOW
DOES THIS PROCESS WORK?
1. When applying for a building permit within the District, the Department of Regulatory Management will determine, as they do now, whether the proposed work requires review by the Historic District Commission. If yes, the owner prepares an application to the Commission.
2. When the application is submitted, the Commission is notified and a sub-committee of the Commission reviews the application to see if it can be approved administratively without a hearing. Items which are minor in nature or which clearly conform to the Guidelines of the District will be approved without a hearing. The applicant will be so notified and can proceed with their work.
3. Applications that do require Commission review are scheduled for the next available hearing (the Commission will meet at least once a month). At the hearing, the applicant reviews the proposal with the Commission. If approved, the applicant may proceed. If denied, the applicant has the right to resubmit a proposal that more clearly conforms to the Guidelines. The applicant also has the right to appeal denials to the Superior Court.
4. If complying with the Guidelines creates financial or other hardship to the applicant, the Commission is empowered to allow a variation to those Guidelines and approve the application.
5. Work that proceeds without Commission approval, or varies from an approval granted by the Commission, is a violation, and the Commission has the right to require such work to be brought into conformity.
SUMMARY:
If Provincetown residents want to protect our heritage and the beauty of our historic buildings, creating a local historic district is the best answer. Over 120 towns across the state have adopted similar districts, including every town on Cape Cod except Truro and Provincetown. We all feel the loss of something special as buildings we cherish are torn down or rehabbed beyond recognition. We have come to an important point in the town’s history where we can, and must, do something to protect our future by better preserving our past.