§ 112-12. Procedure for designation as landmark.

A. 

The Commission by majority vote may recommend for designation as a landmark any property owned by the Town, and any other property within the Town with the consent of the owner thereof, being or containing a structure or landscape which it determines to be either (a) importantly associated with one or more historic persons or events, or with the broad architectural, aesthetic, cultural, political economic, or social history of the Town or the Commonwealth, or (b) historically or architecturally significant (in terms of period, style, method of construction, or association with a famous architect or builder) either by itself or in the context of a group of structures and may recommend amendments to any designation of landmark theretofor made.

B. 

Prior to the recommendation of designation or amendment of designation of any landmark, an investigation and report on the historical, architectural and other relevant significance thereof shall be made by the Commission. The report shall recommend the boundaries of any proposed landmark and shall recommend for incorporation in the order of the Town Council designating each landmark general and/or specific standards and appropriate criteria consistent with the purposes of this article and all provisions herein.

C. 

Any 10 registered voters of the Town may petition that the Commission initiate, or the Commission on its own may initiate, the process of designating a landmark or amending or rescinding any such designation theretofor made. The Commission shall within 45 days following the filing of such request or petition hold a preliminary hearing and arrange for preparation of a report which in the case of such a voter petition shall be prepared by such voters unless the petitioners and the Commission elect otherwise. The Commission shall not reconsider a proposed designation, amendment or rescission of designation within one year of its previous hearing thereon, unless 2/3 of the Commission's members vote to do so. No less than 45 nor more than 60 days after the transmittal of a report to the Commission pertaining to a proposed designation, the Commission shall hold a public hearing. The Commission shall give not less than 14 days notice of such public hearing by publication in a newspaper of general circulation in Barnstable and by mailing notice thereof to the owner of the proposed landmark and to every property owner abutting the proposed landmark (each such owner to be determined from the then current records of the Assessing Department), and to the Town Council, the Planning Board, and the Town Clerk.

D. 

Prior to the public hearing, the Commission shall transmit copies of the report to the Planning Board for its consideration and recommendations.

E. 

The recommendations of the Commission with regard to any designation, amendment or rescission shall be transmitted to the Town Council and to the Town Clerk with a copy of the approved designation report. Designation of a landmark or amendment or rescission of previous designation shall be by order of the Town Council. In the case of a designation, the order shall include a statement of the reasons for such designation and a statement of the standards which the Commission is to apply under §§ 112-13 through 17 herein.

F. 

No designation, amendment or rescission of designation shall become effective until a map setting forth the boundaries of the landmark or change in the boundaries thereof has been filed with the Town Council and has been recorded with the Registry of Deeds for Barnstable County.