Cape towns utilize a wide variety of tools to protect their historic resources. The most commonly used are local historic districts and demolition delay bylaws, though many towns have also adopted more specialized regulations. Some historic resource protections are initiated by the town Historical Commission, while others are spurred by Planning Boards, nonprofit historic societies, and neighborhood groups. Additional information about preservation tools can be found in the Massachusetts Historical Commission publication "Preservation through Bylaws and Ordinances: Tools and Techniques for Preservation Used by Communities in Massachusetts" and on various Web sites listed in the Resources section of this Web site.
Local Historic Districts require review by a historic district commission for any exterior alteration to buildings and structures visible from a public way. Local Historic Districts in the towns of Barnstable, Dennis, Eastham, Harwich, and Provincetown were created under Chapter 40C (the Historic Districts Act) of Massachusetts General Law. The towns of Chatham and Falmouth have established local historic districts under special legislation. The Old Kings Highway Regional Historic District, covering portions of Sandwich, Barnstable, Yarmouth, Dennis, Brewster and Orleans, was also created by a special act of legislation.
National Register of Historic Places offers special protection for historic properties on Cape Cod. Under the Cape Cod Commission Act, demolition or substantial alteration of National Register properties, whether individually listed or part of a National Register Historic District, are subject to review by the Cape Cod Commission. (See the Cape Cod Commission Act and National Register Properties.) Thousands of historic properties on Cape Cod are listed on the National Register of Historic Places. The towns of Barnstable, Brewster, Chatham, Eastham, Falmouth, Harwich, Provincetown, Sandwich, Wellfleet, and Yarmouth have National Register Historic Districts.
Demolition Delay Bylaw is used to delay the demolition of historically significant buildings in the hopes of finding an alternative to demolition. Property owners requesting a demolition permit through the building department must first receive approval from the Historical Commission. If the Historical Commission determines that the building is "preferably preserved," a delay period is imposed, usually 6 to 12 months. The towns of Chatham, Eastham, Falmouth, Barnstable, Dennis, Harwich, Truro, Wellfleet, and Yarmouth have demolition delay bylaws. (See the Demolition Delay Network section of this Web site.)
Preservation Restrictions/Conservation Restrictions are legal agreements used to protect historic buildings and lands from change. The restrictions are drawn up by the property owner and a nonprofit preservation group or a government entity who is in charge of their enforcement. Restrictions can be placed on buildings or on land, and may also be used to protect archaeological resources hidden beneath the surface of the land. The Massachusetts Historical Commission holds Preservation Restrictions on numerous Cape properties that have received preservation grant monies. Restrictions are also held by conservation trusts and Conservation Commissions in several Cape towns.
Overlay Districts, or Zones, are separate zoning districts that are applied over the current zoning. As a result, the regulations of both the underlying zoning and the overlay zone must be adhered to. Several overlay zones have been established on Cape Cod with special criteria to protect traditional development patterns in historic villages and neighborhoods. The Brewster Corridor Overlay Protection District addresses the scale and massing of commercial development along historic Route 6A. The Village Commercial Overlay District in Harwichport allows lesser setbacks and residential apartments over commercial uses. The Cape Cod Commission has prepared a Model Village Development Bylaw to guide small-scale, mixed-use development in village centers. It can be established as an overlay district or as a stand-alone zoning district.
Archaeological Resource Districts aim to protect archaeological sites by limiting ground disturbance in sensitive areas. The towns of Barnstable, Brewster, and Falmouth have established bylaws that require review of developments in archaeologically sensitive areas. The bylaws are closely linked to wetlands protection bylaws and call for Massachusetts Historical Commission staff to get involved in the review.
Scenic Road Bylaws can be established under Massachusetts General Law for preserving the rural or historic character of local roads. With scenic road designation, a public hearing by the planning board is required prior to repair, maintenance, reconstruction, or paving work when it would involve the removal or cutting of trees, or the tearing down or destruction of stone walls within the road right-of-way. It does not address trees or walls on adjacent private property. Some towns allow relaxed road-design standards on scenic roadways. Many Cape towns have scenic road bylaws. Barnstable and Sandwich each coordinate their bylaws with the Planning Board, Department of Public Works, Tree Warden, and Historical Commission.
Massachusetts Community Preservation Act, a state act passed in September 2000, allows towns to adopt up to a 3-percent surcharge on local property taxes to fund historic preservation, open space protection, and affordable housing. A local committee is established to review requests for funding and recommend how funds should be allocated. Decisions are made by town meeting or town council vote. The town of Chatham adopted the Community Preservation Act in 2002 and has already funded several historic preservation projects, including renovating an historic public building, relocating an historic house, and funding historical publications and an archival center.
Districts of Critical Planning Concern: The Cape Cod Commission Act allows towns to create Districts of Critical Planning Concern (DCPCs) to protect special resource areas, including historic resource areas. If a town nominates an area as a DCPC, the town may request a moratorium on certain types of development within the area while it crafts special regulations to protect critical resources. Towns wishing to establish a DCPC must nominate the area to the Cape Cod Commission and go through a public hearing process before the Cape Cod Commission and the Barnstable County Assembly of Delegates. Once a DCPC is established, the town and the Cape Cod Commission work together to craft regulations to protect the district. The proposed regulations are voted on by Town Meeting or, in the case of Barnstable, by the Town Council. The Bournedale DCPC and the Sandwich Three Ponds DCPC both include regulations to protect cultural and scenic resources.
Massachusetts Historic Rehabilitation Tax Credit provides a tax credit equal to 20 percent of "qualified rehabilitation expenditures" on historic structures listed or eligible for listing on the National Register of Historic Places. This state legislation was signed into law in November 2003. It provides up to $10 million of tax credits annually for a five-year period beginning in 2005. The Massachusetts Historical Commission will administer the tax credit.
 | Examples: - Old Village National Register Historic District in Chatham, established in 2001, protects over 300 properties from demolition and substantial alterations. - Yarmouth New Church, located on Route 6A in Yarmouthport, is protected by a Preservation Restriction held by the Massachusetts Historical Commission. - South Dennis Historic District, a local historic district established in 1974, covers 70 properties. - Brewster's Corridor Overlay Protection District regulates the scale and design of non-residential development in commercial districts along historic Route 6A. |
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