The HDC's Application Fees Are Going Up. Commissioners Want Fines For Violations To Follow Suit

The Historic District Commission (HDC) is increasing its application fees as part of a town-wide effort to modernize municipal fee structures. During a brief hearing on the increases at last Tuesday’s HDC meeting, commissioners also suggested they would like to have a more in-depth discussion about how to increase penalties for property owners who violate HDC rules, often by performing regulated work without filing an application.

The HDC’s application fees were last updated 10 years ago, and have not been adjusted for inflation or the increased time needed to review applications since then. Town staff members say that the increases are needed to keep the cost of an application commensurate with the money the town spends processing them. The HDC regulates exterior architectural features on Nantucket, Tuckernuck, and Muskeget islands, including those associated with new construction, alterations, and demolitions, to preserve the character of Nantucket's National Historic Landmark. 

Applications for alterations will now cost $250 instead of $50, applications for moving or demolishing a building will cost $500 instead of $100, and signs will cost $150 instead of $50. A full schedule of costs is available here. These changes indirectly increase the fee for unpermitted work, which is currently set at 10 times the application fee.

The increase was adopted unanimously with little debate, but some members of the HDC took the public hearing as an opportunity to discuss the problem of fines for violations.

The current fine for doing work without a permit is 10 times the application fee. For demolishing a building, the previous fine of 1,000 will now be $5,000. Many feel that’s still not enough to deter violators.

“I just think the number's so low,” HDC member Val Oliver said.

The HDC’s small fines for violations have drawn increased attention in the weeks since a historic cottage in Madaket was demolished without a permit, a violation that ultimately resulted in a combined fine of $1,500: $1,000 for demolishing the cottage and $500 for demolishing an associated garage. Under the new regulations, the property owners would have had to pay $6,000, which is still an extremely small amount compared to the property's cost and value.

Increasing those fines could be more difficult than increasing application fees, however. Application fees are not meant to be punitive, and most reflect the actual cost of processing applications.

HDC staff agreed to investigate the matter further.

Other boards that have recently increased their application and permit fees include the Zoning Board of Appeals, Board of Health, and Planning Board.