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HomeMy WebLinkAbout1993 . , , .. January 5, 1993 NANTUCKET HISTORIC DISTRICT COMMISSION Rules and Regulations Adopted: ,fa-"M'-J- /:</ I c;9" :3 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 4'/ :r C/.A..z . J Y( ( 1? r ( IC.-"fL7 r- ~ c.-&.v ( .. 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 .. 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 " . .) - 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. ~~ );faLt~ Ro~,a~ DaS\~~a~ Chalrman 'oj ~O ",~i\ ~ ~_',,;, Mark AV~?g./:>./. '0:7 W~ ~-:~~in~ u ~~m~. /ify:;' Charles W. Pearl