HomeMy WebLinkAbout1993
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January 5, 1993
NANTUCKET HISTORIC DISTRICT COMMISSION
Rules and Regulations
Adopted:
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ARTICLE I.
Name
The name of this Commission is the Nantucket Historic District
Commission.
ARTICLE II.
Object
The object of this commission shall be to perform the functions
specified for it in Acts of Massachusetts, 1970, Chapter 395, as
amended.
ARTICLE III.
Definitions
The following definitions are applied throughout these Rules and
Regulations:
ALTERNATE MEMBER
An ALTERNATE MEMBER is a person elected
according to the Acts of Massachusetts, 1990,
Chapter 314, as amended.
COMMISSION
The COMMISSION consists of the five (5) Full
and/or Alternate Members sitting on a matter
and eligible to vote thereon.
FULL MEMBER
A FULL MEMBER is a person elected according to
Acts, 1970, Chapter 395, as amended, as a
Member of the Nan~ucket Historic District
commission.
VOTING MEMBER
A VOTING MEMBER is a Full and/or Alternate
Member sitting on a matter before the
Commission entitled to vote thereon.
SHALL
SHALL is mandatory.
MAY
MAY is permissive or discretionary.
ARTICLE IV.
Members
The Commission shall consist of five (5) persons, if available,
from among the five (5) Full Members and two (2) Alternate Members
elected according to the Acts, 1990, Chapter 314, as amended. The
Commission, for purposes of voting on any matter, shall consist
only of those five (5) persons, Full Members and/ or Alternate
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Members (designated by the Chairman, or Acting Chairman, to sit on
said matter as the result of the absence or inability, for any
reason, of a Full Member to sit) sitting on the particular matter
(Voting Members). Unless absent or unable to sit on a matter due
to conflict of interest or other legal or ethical disability, or
because of non-participation in prior HDC consideration of the
particular matter, a Full Member shall be entitled to sit as a
voting Member of the Commission on any matter before the
Commission.
ARTICLE V.
Officers
The Commission shall elect from its Full Members a Chairman, Vice-
Chairman and Secretary, who shall assume the office immediately
upon election. These officers shall perform the duties prescribed
by these Rules and Regulations and such other duties as may, from
time to time, be required of them. All officers shall serve until
a successor is elected and takes office.
ARTICLE VI.
Election of Officers
Annually, as the first item of new business at the first regular
meeting of the Commission held according to Acts, 1970, Chapter
395, as amended, the Commission shall elect those officers provided
for in that Act.
ARTICLE VII.
Special Elections, Vacancy in Office
If any officer resigns from an office as described in Article V of
these Rules and Regulations, the vacancy will be filled by a
special election held among the members of the Commission as the
first item of new business at the next meeting of the Commission.
The successor shall serve for the remainder of the term.
ARTICLE VIII.
Vacancies
If there exi3~s on the Commission a vacancy due to the
unwillingness or inability, for any reason, of any Full Member to
sit as a Voting Member of the Commission on any matter, and if any
Alternate Member is willing and legally and ethically able to sit
as a Voting Member on said matter, the Chairman, or Acting
Chairman, may select an Alternate Member to sit as voting Member
to fill the vacancy. No Full Member or Associate Member shall be
compelled to sit as a Voting Member on any matter.
ARTICLE IX.
Rotation of Selection of Alternates
If more than one Alternate Member is available to fill a voting
Member vacancy on the Commission resulting from the temporary
absence, unwillingness to sit and/or legal or ethical disablity of
a Full Member, the Chairman shall not select to sit as a voting
Member the Alternate Member last selected to sit as a Voting
Member.
ARTICLE X
Amendment of Rules and Regulations
These Rules and Regulations may only be amended at a meeting of the
Commission by the aff irmati ve vote of three (3) Full Members
provided the amendment has been submitted in writing at the
previous meeting of the Commission; in all other cases, any
amendment to the Rules and Regulations shall require the
affirmative vote of four (4) Voting Members.
ARTICLE XI.
Parliamentary Authority
The Rules contained in the current edition of Robert's Rules of
Order Newly Revised shall govern the Commission in all cases to
which they are applicable and in which they are not inconsistent
with these Rules and Regulations.
ARTICLE XII.
Meetings
The Commission shall hold meetings at least as often as necessay
to ensure timely hearing of and action on all applications,
according to Acts, 1970, Chapter 395, as amended. Meetings of the
Commission may be called in the manner specified in the Code of the
Town of Nantucket, as amended, and/or Massachusetts General Laws,
as amended.
ARTICLE XIII.
Presiding at Meetings
If present and able, the Chairman shall preside at all meetings and
hearings. If the Chairman is temporarily absent or temporarily
unable to preside, the Vice-Chairman shall preside. If both the
Chairman and Vice-Chairman are unable to preside, the Voting
Members shall by majority vote appoint a temporary Chairman to
preside.
ARTICLE XIV
Duties and Powers of the Chairman
If present and able, the Chairman shall preslue at all meetings and
hearings. In accordance with these and other applicable rules, the
Chairman shall decide all points of procedure or order, shall
maintain order and decorum, shall select Alternate Members to sit
as Voting Members, shall direct the official business of the
Commission, shall supervise the work of the Historic District
Commission staff as it relates to the affairs of the Commission,
may request needed assistance, shall exercise general disciplinary
power, as may be directed by the Commission, shall represent the
Commission in all legal and/or administrative affairs, shall ensure
that decisions are properly prepared and timely filed, and shall
perform such other functions as may be required by law, ordinance
or otherwise directed by the Commission. The Chairman shall report
promptly to the Commission on all actions taken by the Chairman as
an officer of the Commission and all official transactions which
might not otherwise come to the attention of the Commission and
shall send to all Full and Alternate Members copies of any and all
correspondence sent by the Chairman on behalf of the Commission or
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as an officer of the Commission. The Chairman may delegate
specific duties generally to the Vice-Chairman or may authorize the
Vice-Chairman to perform specific duties during his/her absence
from the jurisdiction or in case of other disability to perform
necessary Commission functions in a timely manner.
ART I CLE XV
Duties and Powers of the Vice-Chairman
If the Chairman is temporarily absent or temporarily unable to
preside, the Vice-Chairman shall preside at meetings of the Board.
In addition, Vice-Chairman shall perform those functions
specifically delegated to him/her by the Chairman, and perform such
other functions as may be required by law, ordinance, or other wise
directed by the Commission. The Vice-Chairman shall report
promptly to the Commission on all actions taken by the Vice-
Chairman as an officer of the Commission and all official
transactions which might not otherwise come to the attention of the
Commission and shall send to all Full and Alternate Members copies
of any and all correspondence sent by the Vice-Chairman on behalf
of the Commission or as an officer of the Commission. When acting
as Chairman, the Vice-Chairman shall exercise only those duties and
powers of the Chairman as are necessary for the completion of the
matter for which the Vice-Chairman is acting as Chairman, and only
for so long as he/she is acting as Chairman.
ARTICLE XVI
Duties of the Secretary
The Secretary shall be responsible for maintenance of the official
records of the Commission, including the minutes and decisions, and
perform such other functions as may be required by law, By-Laws,
or otherwise directed by the Commission.
ARTICLE XVII
Fees
The following fee schedule applies:
New dwellings; c':;'LtlIIercial buildings; garages with
apartments; major alterations
$100.00
Additions; garages
50.00
Alterations; signs; fences; sheds; demolitions or
moving of structures
15.00
Paint changes; roof color/material changes; renewals
no fee
ARTICLE XVIII
Application Form
A full copy of the required application form is attached.
ARTICLE XIX
HDC Guidelines
The book Buildinq with Nantucket in Mind, second edition, copyright
1992, a full copy of which may be attached to these Rules and
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Regulations and is incorporated by reference, is hereby established
as the HDC's guidelines for exterior architectural features
pursuant to Section 8 of the Act.
ARTCLE XX
Effect of Rules and Regulations
To the extent inconsistent herewith, these Rules and Regulations
shall supercede and replace any and all By-Laws or Rules and
Regulations of the Nantucket Historic District Commission
heretofore adopted and in force. These Rules and Regulations shall
take effect immediately upon signing by three (3) Full Members of
the Historic District Commission.
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Ro~,a~ DaS\~~a~ Chalrman
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Mark AV~?g./:>./.
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Charles W. Pearl