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Town of Salisbury, MA
Essex County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
[HISTORY: Adopted by the Town of Salisbury as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A
[Adopted 5-20-2019 ATM by Art. 11]
A. 
The Town of Salisbury hereby establishes a Neighborhood Preservation District ("NPD") that includes designated properties on Ring's Island, to be administered by a Neighborhood Preservation District Committee ("NPDC").
B. 
The Ring's Island NPD includes only the NPD properties listed in Appendix A.[1] (These properties are shown in green on the Ring's Island NPD Map.) The Ring's Island NPD does not include any properties on Ring's Island that are not listed on Appendix A and the owners of these excluded properties are not required to apply to the NPDC to make any alterations to the buildings on their properties.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A. 
This bylaw is enacted under the Home Rule Amendment of the Massachusetts Constitution for the purposes of:
(1) 
Preserving and protecting the unique character and streetscape of the NPD properties on Ring's Island as a present-day neighborhood with roots as a colonial fishing village, while recognizing that;
(a) 
The homes on Ring's Island were constructed and have evolved from the 17th Century to the present day.
(b) 
The neighborhood's character reflects that evolution and will inevitably continue to change.
(c) 
Homes will, and should, continue to evolve but not in a way that is detrimental to the island's special character.
(2) 
Limiting the detrimental effect of demolitions, and incompatible new construction and substantial additions on the character and streetscape of the Ring's Island NPD;
(3) 
Reviewing certain proposed alterations, which include demolition, new construction and substantial additions, on any NPD property, for appropriateness and compatibility with the existing buildings, setting, streetscape and neighborhood character; and
(4) 
Facilitating the preservation of the neighborhood character and streetscape through a combination of binding and voluntary non-binding regulatory review.
B. 
To achieve these purposes, the Town of Salisbury is designating the Ring's Island NPD to be administered as set forth in this bylaw.
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.[1] Properties may be added to or removed from the Ring's Island NPD only by amendments of this bylaw.
[1]
Editor's Note: The Ring's Island Neighborhood Preservation District Map is on file in the Town offices.
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]
NEIGHBORHOOD PRESERVATION DISTRICT ("NPD")
An area of unique character and streetscape that is determined by the Town's residents to be worthy of preservation.
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.
A. 
The Board of Selectmen shall appoint a five-member NPDC to oversee the NPD pursuant to this bylaw. Initially, two members shall be appointed for one year, two for two years, and one for three years; each successive appointment shall be made for three years. The Board of Selectmen may also appoint up to two alternate members, initially for terms of one and two years, and for three-year terms thereafter. If any member is absent, unable to act, or recused from voting due to a conflict of interest, the NPDC Chair may designate an alternate member to serve in his or her place.
B. 
The members of the NPDC shall be Salisbury residents and should include at least three residents of Ring's Island with a preference for owners of NPD properties. It would be desirable to have an architectural designer and a building contractor experienced in the renovation of older homes as members of the NPDC.
A. 
The NPDC shall exercise its powers in reviewing the proposed demolition, and/or new construction, including substantial additions, of NPD buildings as set forth in this bylaw, and in accordance with the standards described in § 163-11.
B. 
The NPDC may review other alterations to buildings on Ring's Island if the property owner requests a non-binding advisory review as described in § 163-9.
C. 
The NPDC may promulgate rules and regulations consistent with the provisions of this bylaw, and set forth such forms and procedures as it deems appropriate for the regulation of its affairs and the conduct of its business, including requirements for the contents and form of applications for certificates, hearing procedures and other matters.
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.
A. 
Property owners planning to undertake alterations to any building on Ring's Island that do not require a binding review who would like guidance in the design process are encouraged, but not required, to request an advisory review.
B. 
Advisory review is voluntary and non-binding, and can be requested electronically.
C. 
An advisory review may include recommendations on how the proposed alteration could be made more consistent with the design standards.
A. 
The following alterations require the submittal of an application for binding review by the NPDC:
(1) 
Demolition of an NPD building or part of an NPD building.
(2) 
New construction of buildings on an NPD property, provided that only those elements of the new construction that would be visible from a public way are subject to binding review, including:
(a) 
A new NPD building;
(b) 
Reconstruction of an NPD building following demolition; and
(c) 
New accessory buildings that would be part of the visible streetscape.
(3) 
Substantial additions to an NPD building that would be part of the visible streetscape, provided that only those elements of the proposed addition that would be visible from a public way are subject to binding review.
B. 
One printed copy of the application shall be submitted to the Town Clerk and should include a completed application form and photographs showing existing buildings and site conditions on the property. For new construction, applicants should also provide building elevations showing the proposed configuration and building materials; a plan showing the approximate footprint and relationships of buildings to other structures, exterior circulation, and points of entry; and any other plans which may help to demonstrate the proposed building design or demolition.
C. 
Applicants shall also provide one printed copy of the application to the Building Inspector and such additional copies as may be specified in the rules and regulations.
D. 
Any parts of the application created or compiled using a computer must also be submitted to the NPD electronically in the form of a .PDF (Portable Document Format) file or files. This includes, but is not limited to written descriptions, digital photographs, engineering or architectural drawings, building diagrams, plot plans, survey maps, and aerial photographs.
E. 
Within 30 days of the date a copy of an application is filed with the Town Clerk, the NPDC shall hold a duly posted public hearing on the application. All interested parties shall be notified about the public hearing by first class mail sent no less than 14 days before the public hearing. Following the hearing, the NPDC shall determine whether or not the proposed alteration is consistent with the design standards set forth in § 163-11.
F. 
If the NPDC determines by majority vote that the proposed alteration meets the design standards, it shall issue a certificate to alter, which may be subject to reasonable conditions that the NPDC deems necessary and appropriate. If the NPDC does not achieve a majority vote that the alteration meets the design standards, it shall make a negative determination.
G. 
The NPDC's written determination shall be submitted to the applicant within 20 days after the close of the public hearing, and no later than 60 days after the filing of an application, unless a time extension is granted by the applicant. In making its determination, the NPDC shall provide a rationale for its action, including a description of how the alteration does or does not meet the design standards set forth in § 163-11. The determinations of the NPDC relative to alterations described in this § 163-10, whether positive, negative or conditional, shall be binding on the applicant.
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.
A. 
Each certificate to alter (whether conditional or unconditional) or negative determination issued by the NPDC shall be dated and signed by its Chair or such other person designated to sign certificates on its behalf. The NPDC shall send a written copy of its actions to the applicant and shall file copies with the office of the Town Clerk and the Building Inspector. The date of issuance of a certificate to alter or negative determination issued by the NPDC shall be the date of its filing with the office of the Town Clerk.
B. 
If the NPDC should fail to file a written determination within 20 days after closing its public hearing and within 60 days after the submittal of an application, or within such extended time as the applicant may allow in writing, an unconditional certificate to alter shall be deemed to have been issued in favor of the applicant.
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.
A. 
The NPDC authority as established in this bylaw shall not supersede or interfere with the regulatory authority of other Town boards.
B. 
The NPDC shall make every effort to coordinate its review with that of other Town boards.
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.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.