[Adopted 5-20-2019 ATM
by Art. 11]
The Ring's Island NPD only covers properties whose owners indicated willingness to be included in the NPD prior to adoption of this bylaw. These properties are called NPD properties and are listed in §
163-18 and shown on the Ring's Island Neighborhood Preservation District Map, which is a part of this bylaw. Properties may be added to or removed from the Ring's
Island NPD only by amendments of this bylaw.
For the purpose of this bylaw, the terms and words listed below
shall have the following meaning:
ACCESSORY BUILDING
A detached building, the use of which is customarily incidental
and subordinate to that of the principal building, and which is located
on the same lot as that occupied by the principal building.
ADVISORY REVIEW
A non-binding voluntary review offered by the NPDC for alterations as described in §
163-9 of this bylaw.
BINDING REVIEW
Pursuant to §
163-10 of this bylaw, a mandatory process which applies to demolition, substantial additions, and new construction of NPD buildings.
CERTIFICATE TO ALTER
A document issued by the NPDC allowing demolition, new construction or a substantial addition that has been reviewed pursuant to §
163-10 of this bylaw.
DEMOLITION
The act of pulling down, destroying, removing or razing 50%
or more of a building, or commencing the work of destruction of 50%
or more with the intent of completing the same.
GROSS FLOOR AREA
The sum of the horizontal area of the several non-basement
floors of a building, as measured to the outside surfaces of exterior
walls, including halls, stairways, vents, elevator shafts, mechanical
equipment rooms, inner courts, attached garages, enclosed porches
and balconies, attic storage areas, and other common space or uninhabitable
space.
[Amended 5-16-2022 ATM by Art. 9]
NEIGHBORING BUILDINGS
NPD buildings and other buildings constructed prior to 1940
any part of whose lot is located within 300 feet of the NPD property.
NOTIFIED PARTY
The applicant, abutters, owners of land directly opposite
on any public way, and abutters to the abutters within 300 feet of
the property line of the applicant as they appear on the most recent
applicable tax list.
NPD BUILDING
A.
A principal building on an NPD property; or
B.
An accessory building on an NPD property that is part of the
visible streetscape.
NPD PROPERTY
Any house lot that is identified in this bylaw as a part
of the NPD, including any subdivision thereof.
RING'S ISLAND
All of the lots on First Street, Second Street, Third Street,
Fourth Street and March Road in Salisbury, MA.
SUBSTANTIAL ADDITION
Any addition to an NPD building that is enclosed by walls
and a roof and that increases the gross floor area of the NPD building
either by more than 1,000 square feet or by more than 30%.
VISIBLE STREETSCAPE
Any part of an NPD building that is visible from a public
way and that is within 60 feet of a public way.
The NPD shall include the lots shown on the map entitled "Ring's
Island Neighborhood Preservation District" dated April 19, 2019, and
shown on the list of lot numbers appended to this bylaw. Amendments
to the district may be made only by vote of Town Meeting.
The following are exempt from the requirements of this bylaw:
A. Routine maintenance of buildings.
B. Repairs or improvements that do not require a building or demolition
permit from the Building Inspector.
C. Temporary buildings, such as trailers, manufactured buildings, tents,
porta-potties, and similar structures.
D. Interior building alterations.
E. Exterior alterations that do not increase the size of the building,
including, for example:
(1) Exterior building colors.
(2) Installation or replacement of windows, screens, storm windows and
doors.
(3) Removal or replacement of gutters, downspouts, and window and door
shutters.
(4) Removal or replacement of siding and roofing on a building.
F. Structures that are not buildings or parts of buildings, such as
fences, trellises, pergolas, yard ornaments, hardscape, and similar
structures.
G. Additions to a building that are not substantial additions.
H. Substantial additions that are not part of the visible streetscape.
I. Accessory buildings that are not part of the visible streetscape.
J. Reconstruction of an NPD building damaged or destroyed by fire, storm
or other disaster, provided that the reconstruction is completed in
a manner that is consistent with other local bylaws. For an NPD property,
the owner is encouraged to reconstruct the building, to the greatest
extent possible, to conform to its original size and appearance. If
the planned reconstructed building would increase the gross floor
area of the original building either by more than 1,000 square feet
or by more than 30%, it is not exempt from the requirements of this
bylaw.
When reviewing an application, the NPDC shall consider the following standards, which are intended to guide the applicant in site development and building design, as well as the NPDC in its review of proposed alterations as described in §
163-10 above:
A. Demolition. Demolition, partial demolition, or removal of buildings
will be approved only under the following circumstances:
(1) First:
(a)
The applicant for a demolition permit demonstrates that alternatives
to demolition have been considered and that no alternative is reasonably
feasible. Alternatives shall include renovation or adaptive reuse
of an existing building; or
(b)
The building has been determined structurally unsound, based
upon a written technical report prepared by an architect or professional
engineer registered in the Commonwealth of Massachusetts that clearly
demonstrates that the building or structure presents a risk to public
health, safety and welfare; and
(2) Second, the NPDC also approves the applicant's proposal either for:
(a)
New construction to replace the building or part thereof to
be demolished; or
(b)
Restoration of the site of the building or part of the building
to be demolished without replacing it.
B. New construction.
(1) Height and proportions. The height, proportions, and relationship
of height to width of windows, doors, and other architectural elements
should be compatible with the architectural style and character of
neighboring buildings.
(2) Relation of structures and spaces. The relation of a new building
to the open space between it and neighboring buildings and to the
street should be compatible with the existing relationships among
neighboring buildings.
(3) Shape. The shape of roofs, windows, doors and other design elements
should be compatible with the architectural style and character of
neighboring buildings.
(4) Scale. When viewed from the street, the size of the building should
be compatible with that of neighboring buildings.
(5) Garages and accessory buildings. Garages and accessory buildings,
all or part of which are within the visible streetscape, should be
sensitively integrated into the overall development, and should not
be the predominant design feature when viewed from the street.
C. Substantial additions.
(1) Height and proportions. The height, proportions, and relationship
of height to width of windows, doors and other architectural elements
should be compatible with the architectural style and character of
the principal building.
(2) Relation of structures and spaces. The relation of the addition to
the open space between it and neighboring buildings and to the street
should be compatible with the existing relationships among neighboring
buildings.
(3) Shape. The shape of roofs, windows, doors and other design elements
of the addition should be compatible with the architectural style
and character of the principal building.
(4) Scale. When viewed from the street, the size of the addition should
be compatible with that of the principal building.
(5) Attached garages, all or part of which are within the visible streetscape,
should be sensitively integrated into the overall development, and
should not be the predominant design feature when viewed from the
street.
In addition to the duties previously set forth in this bylaw,
the NPDC or the Building Inspector may issue enforcement orders directing
compliance with this bylaw and may undertake any other enforcement
action authorized by law. Upon request of the NPDC, and with the approval
of the Board of Selectmen, the Town Counsel may take legal action
on behalf of the Town for enforcement of this bylaw, or any order
issued hereunder, in any court of competent jurisdiction.
Any notified party may appeal the action of the NPDC. Appeals
may be taken as provided by MGL c. 249, § 4, as may be amended.
The provisions of this bylaw shall be deemed to be separable.
If any of its provisions, sections, subsections, sentences or clauses
shall be held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this bylaw shall continue to be in
full force and effect.
The NPDC shall promulgate and publish such rules and regulations
as are deemed appropriate and consistent with the provisions of this
bylaw.
The NPD Properties included in the Neighborhood Preservation
District are shown on the Ring's Island Neighborhood Preservation
District Map dated April 19, 2019, which is a part of this bylaw and
is on file with the Town Clerk. The included NPD Properties also are
shown on the list of NPD Properties in Appendix A.