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HomeMy WebLinkAbout2016 Bylaw creating NCD - 2016 ATM Article 29 TOWN CLERK'S CERTIFICATE 1, ihtdi Rick. Clerk of tilt I own ol I e\ington, Massachusetts. hereby certify that at the r cs t th 2t 1 f 1.1-inuf NILc Ii held on March 23 261(.), thc following motion t`n 4,RTICLE 29 ART1( 1. U 29 ANIFND CENERAJ, 1.3%LAW,S NEIGHBORHOOD CONSERVATION DISTRI( TS MO! ION lhat the General Bylaws of the I own be amended as set rorth in the motion attaLicci to thc report oldie Planning Board on this article, a copy of which is on with th L Town Clerk and the Planning Board. and further that non-substantive t flanges to the numbering ol this bylaw be permitted in order that it he in compliance with the numbering format of the Code of the "I own of I.exmgton kRTICLF 29 TFX I OF MOTION, PLANNING BOARD REPORT Add a 110,1, f hapter 7 to the t_ode of L exington as follows. Chapter 78 Neighborhood Conservation Districts 1 PURPOSES (a) This 1.3)-law cnables the establishment of'Neighborhood Conservation Districts (NCDs) in the I own of I evingion for the following purposes (1) to recognize that the Town of Lexington contains unique and distinctive neighborhoods and areas which contribute significant() to the overall character and identity of the I own and which are worth\ of preservation and protection. The Town a.ins to prcscrYL protect, and enhance these neighborhoods through the establishment of Neighborhood Conscry anon Districts, (Hi to promote conservation and preservation of existing buildings to encourage new construction that will complement and he compatible with existing Buildings, Structures, Settings and neighborhood character and to foster appropriate reuse and upgrading of Buildings and Structures in designated neighborhoods ()I it pro\ id.. residents and property owners with the opportunity to participate in F1:' the. rut,. o' n(1,1Thorlio, ottti I LL. i. t al .1 apt tc.t. au u tit I.c\tutor) tar i Bal j1 '`ItruLtures asset Settings. (k and y furthering these purposes to enhance public welfare by offering current it potential Lexington residents a variety of neighborhoods from which to choose, theta)\ making the I own a more. attractive and desirable place m which to live and work. ,ignation is intended a enable neighborhood and the buildings within it to be able to 'hp( O nioct the needs ol L an at and Lu are owners whiki conserving the ncighborhoo I distaica ve Lbw ac ter V_ I.) d inati m identi cs ei ehhorh aid and specifics its distinctive architectural aesthetic 1 istor cal ulnual economic anu social contrib.:nuns to the development of the fawn of Lciiuion s callacter 2. DL}i sf1 IONS Iteration a L.hill iL to the exterior of a Building, Structure or Setting,. or part thereof, cofs,ruction. demolition mo lag reconstruction, rehabilitation. rano'al replication, restoration. similar:Jen vines. or significant changes to the site itself Building a cumbniation ai naiorials !twining a sire'ter for persons, animals, or property Buildit4! ommissionier -- the Budding Commissioner of the. 'town of I exington Certificate of(ompatibility a form created and issued by the NCD Commission under this Bylaw v\!nail state,-, that a proposed plan for Construction oi Alterations to a Building. Structure or Senna) within an NCI) meets the Regulations and Guidelines adopted for that NCD, and which is signed by that N CD Commission s Chair or other officially delegated person responsible for its issuance Certificate of Nen-Applicability a form created and issued by the NCD Commission under this Bylaw which states that proposed changes to a Building. Structure, or Setting within an NCI) arc not subtest to review under this bylaw, and which is signed by that NCD Commission s Chair or other officially designated person. Certificate of Hardship a form created and issued by the NCI) Commission under this Bylaw, which stairs that owing to conditions especially, affecting the Building or Structure but not affecting the NCL) generally, tailurc to issue a Certificate of Compatibility would result in a substantial hardship to the applicant and that such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes at the \C]) and which must be signed bY that NCD Commission s Chair or other officiallv designated person CODSfirttLijOli inc erection of a new Building or Structure Demolition if c a• of pu 1mg d‘ Vl Ciccq.M.111L r mn 'ir or razing a Building or Structure or an AID:, ,-.J4 1 -11 , a ,r k 'LI I mi ibs alma t1 a 1 I a In a ase Li] -e deemed 0 lie 0. 1Li t DernOi itli;11 by Neglect - process of wigwag damage to the fabric viability or functionality of an unoccupied building leading towards or causing its eventual demolition due to decay, structural failure or severe degradation over a period of time as a result of a general lack of mainten,..m., (allure to secure the building from pests or sandals, or failure to take reasonable nasure i. pr La Ilk itilaress 01 water snow Le and wind throu0i the root walls or aperture Exterio tri Irni inni1 F eatures suLh nornons ot the exterior of a Building or SU ucture. Inc ta_a La I to.1 thc atehiti, tura sty iL a. d general arrangement and Setting thereof° the ikpe a i tX. eri ir buildmL materials 4.1J the type and st1L. Of windows. doors. lights s .n.1 1 1- ;ec apnt.ftec,aia fixiure Guiddire, ad 1or,, guidelines duly adopted under this Bylaw to guide the review of propu.eL In ,fithin pa;tic ha1 dLsibnated NCI) Historic ommi. iou the 1_,Lx.u4itu a I istoriLal ommission. Neighbor crood C onsers anon District or N( - custriet approved b' lown feeting for those propertk vithi.i a \ -1.rea that are not (1ph..d Out Properties. NC'i) Area .11( Iota' geogLipnik. area Lo\e1 ed by al of the properties studied under each Section 3 Study NCH Commission - a puhlii. bode established under this Bylaw with the authorit) to review and appro c of disapprove proposed Construction or Iteration to a Building. Structure or Setting in the NCI) ior Lomputibilit\ with the Design Ccuidelines established for that NCI) A separate NCD Commission snail bL. established for e.a\.11 designated NCI) Opted Out Properties Properties in Cl)Nareas which shall be excluded from an NCD designation in aca.ordarh_e with Section 3cei Petition a doLainent signed by at Last 10 Property Owners, one signature per property, of a neighborhood suing the desire of the Propert\ Owners to form an NCI), and including the supporting materials required to initiate the stud\ process by which an NCD is established. Planning Board -- Ii Lexington Planning Board Propert‘ Owner u1 u c ncr of a proprt as listed on the Town of Lexington s property tax rolls at th rJeant time Regulations mandator‘ regulations whit.h describe the authority vested in the NCD A.rea's NCD Commission duk adopted under this B\law Report - tilL document prepared I-A a Stuck, Committee recommending favorable or unfavorable action or i PLution o establish an NC D Setting hi i II he -si I uu Iiit= Stru„tark_ or uncle. LlpLd r•rcpert RI I 1 n r Structure a comb nation of materials k tner than a budding, including a sign fence, wall. terrao., \\ ot drp,e\A Stroh ` t ii iiia_ ) e : oup of li ocuple ippe inted to re\ie\\ recommend or reject a Petition u1 cream. ;n ( 1; de sei.bed n Sectio 1t ite) or amend rir existing NLD as contemplated in Section Il`fYllifiN.tl' , S uc(cix tit ..lures 1.1baTh hay, no permanent foundation. and a.c. intended to iem oo ) r i I ti )uly tot a brief nerlotl of time not to e\Leed vU days 3 DLSR(,`N 'S t ION OF NLIGHB0R11')OD C ONSERV NTION DISTRICTS (a) I he LI I]sidc'reo 1 fr designation as an NC. I) a neighborhood must satisfy, the following criteria. i l t1 pnipo,,ed \C 1.) ilea as a whole eonsututes a recognisable neighborhood 1 liie'l has a istinctive eharactL-r and the proposed I\( D \.tea Lontalrls Buildings, Structures, or Settings that are alraant (1 the Ia_LhItL'etural aesthetic_ tuliurai economic or social histor,y of l .\i 1 'tar o 1 i is ) roposed N( I) '\rea has genel'all\ cohesive features, such as the scale, size, t\pe et ,un5tiill t1un. materials, or si\1e or age of its Buildings and Structures. or its land u { patio; n, and landscaping (b) Ili, desmite:iron of an NC F) shall be initiated by Petition of neighborhood Property Owners submitted to the Historical Coinnnssion and containing signatures of at least 10 Property Owners electing to be included in the proposed NCI) Area. one signature per property which pennon shall also include (t a general statement of the architectural aesthetic, cultuial economic. social or historic qualities of the proposed NCD \lea which make it appropriate for NCD acs &minor, or Ii. 1 i a, t.rlptron of the cohes]\c[less of the proposed NCD 'Lien in terms ofscale, size type of construction materials en style or age of its Buildings and Structures, or its Ian i use patterns and 1luidscaping and (_11) a prel:rninar\ map ot'the proposed NC[) Area. and aenerid outline orate scope of the Regulations and Guidelines that would be pri posed to the NCI) (et l ,01 receipt ,+ l'efiilur Ic Nt if designation the IItstorical Commission shall within jl 'fa 1_ t i uH' sr ci ] \i ! it 1'- 'I' Owners in th' nronose f ` CD !A'ea and ill pr r t r N t f) he _i,;,irm X14 Int rIl, "i" t_ ti ho 1 t \s',_'sse I do '1 suet public :1ea.110tLi 1,} c :}1 i!utss LD1- 0. 1r,al 'it \ to hall determine 1.-llether the proposed NCD is IL. be at pri'pr.ate under the c arena se' forth in Section 3(a) lithe Historical Commission de e nr1'1es that an NCD \\u_ild be appropriate. it shall convene a Study Committee t.o inscstt .ate and prepare a Report on the apnropriatcness of such a designation Cot the proposed NCI) \rea the StCommittee shall consist offive niemhers of\\hich one shall be a desipnec 1 t11e Planning Board one ,hall he a designee of the Historical Commission. and three shall the p up.,e_I \C 1) \Ica who ,hall be appointed by the I own Manager 1\ he i' a I ` `iti1111.. ilk ytLi1 i ommiltee should include an architect. andseape architect. or li stir' ; 1(:S:r: t Inst Nonce. of a sii d\- Committee. s appointment shall be conveyed to all Proper \ \ n>t ii Inc pr '11c sed NCI) \.ea and all property owners within 11111 feet of the propose it, 1 ve a, the address 'o_ ere .u-'iers as listed in the then current real estate lax list ul l! i�i di,. lsse'sors !?idsuet- i.uannatien shall also be made a\-allable to the extent praetiea_. to p n:.e.ne buyers t_rrou.lit distt but.on le real estate brokers with offices in Lexiinnt a (di " rL. tk ork n�. a di res e'.cats of the proposed N1( D \rea. shall meet to e\alua.e the .il t i;ir,c:teLess tit an Nc 1) .lesi_gnation for the proposed NiCI) \rea. all such mecum. , n r pc_hhc meetings open to :til interested parties Within one year of its appoint) lei i the Siiid' ( onunittce shall determine by a supermatority of four positive votes. whether N`_'t'= ppro; la.e .tnd sfl..i' prepare and file \\itli the Historical Commission and the Plait l's said ,t written Report explaining its decision. if the Studs. Committee determines that an x 1) t t )tier 1 , ,tl propriate u.h Report shall propose. tlralt text for the applicable Regulation. and (,tideImes to he preset' ee to 7 oua \fleeting which shall include ti a statement of the sitn,fic.ant areintecturai aesthetic, cultural economic social or hi..oi e Ii Llualtties urine_ proposed NC D \red, or ( 1 I ii fescription til•the cohesiveness of the proposed NCD \rea in terms of scale. 1\N of construe non, materials or style or age of its Buildings and Structures, or its land use patterns ...Lid landscaping calci a neap of the geographic boundaries of the proposed NCD Area, and (t\ i a statement describing the nature of die authority to be vested in the proposed N( 1) \Iea s NC'T.) Commission, proposed Regulations implementing such authority and ptoposLLI (I.IteielInes for the NCC) (et public bearing shall be convened tointls ny the Iltstorical Commission and the Platinine Board c itilui (i() da\s atter the Tiling of a completed Report to discuss the Study Committee is tinduq.ts Public notice shill be given by publication in a newspaper of general circulaui Ii in tine 1 ow\n not less than 14 days before the day of the hearing, by posting such notice ti a conspicuous place tri the 1 own for a period of not less than 14 days before the day of such hea;-iu and b eons eying said notice by certified mail to all Property Owners in the proposed NC I) 1.ra land to property o\\ iers within 3013 feet of the proposed 1\CD Area, at the address tot such o\\ iers as listed in the then current real estate tax list of the Board of Assessors. Said not t. shall state that the Report is available in the Planning Office and online at the Plannme N, at-.l n,l ilisturieai t_oirmn ss, ;n web sties and that Property Owners in the proposed NU) 1.r i •-a ., -r rt e.1 e Repoitat he Planning ()ff.ce Said notice shall also 1 I . t f t L IC" `il Pr 1_'tt\ i J \ El-i can Gleet n\ rig it 1 I u I ( I L._ t 1i If t 'T.d )a r! .l s JCS `Lilat]un 11 7< 1 e!'i i cane at I Jp'CL t)al. 1'1<L pe rt \I milt 'II eia\s of the close. of the public hearing but after the time period for determnint< Opted Out Properties has expired, the Historical Commission and the Planning Board 51. tit hold tot It ine.etinie to int cit por-rte any ehauges based upon public input and elimirat I ropeitie within he NCD 1rea from potential \Cf) inclusion it molt i :. I It `i, ru n W.. \i 0 Aria { ?71e signature per piupi.rtt } are Opted Out hrupert _ tier t I_ B si rl .;i ( I_'n,nu sl1!a and I'tanning Board acting jointly ram at their option 1' .i l.l' pin( set boundaries of the 1\( 1) \rea to eXelude Certain properties if it result 1 L I Ni 1J '\.ien .r.a In1111n1.1:11s the integrlt\ of the Said\ findings and contains at leas' ,, i i i T IL, 1t'L hall, 1kL. t 411 li the ongmal or re\'ised NC]) \sea Lontalns at lLasl �� L?f N 1 LTine.\ red Pr !pLines 1nii% the NCD designation go tor\\ard In that ease. the I list !L 1 l L_t .'I;SSI ?1. and f tanning Board acting tolntiy shall vote on a recommendation tor NCI sign.,ll'it( It the \ 1k is to not recommend an NCD designation, then the proposed Jcsig at 11 hall ht deemed a1Lete d Ii on N( i I L., !nisi rLLatmr_;ende! b\ int Historical Commission and the Planning Board, aLlu g iL : t Tin Shat. 'irepal L a l own 'v'lecttng warrant article incorporating the NCD designate > ? ire Pe,!j':O.tions, rd titndchue' and forward it to the Selectmen for consideration at fowl. 1L In a \ noslti\t rri,.t! int ote n\: "I own Meeting is required to approve the NCD (fig) 1 I N(.I) its adopted by; town \Iieung shall identify its specific Regulations an (Lu ndell e at 1 n the nauUnt gild seape of're view authorill ,granted to the Corresponding NCI) ( ! ?t,1lISSI !.) 'under this 13%law for LIet ties 1y[thin the NCD including but not limited to, seleelln; aiepi tl:. and Types (if( ()iIstrueu in or Alteration that are exempt tram or subject to re Lew 1 L_ '\L J,.I ; ins shall pent it at, osnlnodations for disability as required by the Fair Fluusrint- et (h) hinent of am NI 1) shall not he construed to prevent the Construction or Alteration al a itutiditig or strueture located in the NCD under a building permit, zoning permit or other 'nuiueipnt appro\Ohl duly issued prior to the effective date of-that NC'D's establishment by I own Mee ting (l) \n endmellts to an NCI:) (m eluding changes to Regulations, (iuldclines_ and the boultdar c. of the tfteeted NCO) ma\ be proposed ey petition of 10 Property Owners in the NET) ore signature per property hi die applicable NCD Con-mission. by the historical C omnhis. 1 in or h the Planning Board, 1.pun receipt of a written request for any such amendment the Historical Commission shall hold a public hearing, notifying all Property Owner, ii the NI I) mid .dl pmoperli owners within 100 feet of the NCD at the address for such owners as It led in the then current real c lat. tax list of the Board of Assessors Within 30 days of such pu'+lic lica.ring. the I listorical Commission. by majority vole, shall determine whether the proposed amendments would he appropriate and may at its option, appoint a Study Committee in the planner de Lribed in Section 3(e) to prepare a report with Its recommendations. If the I llslorlt„11 ' On11tl:,siun deems that the proposed changes are within the scope of the original Stud\ t e F) Stone al Commission shall bring the proposed amendments to Town Meeting for appr+?\a. i r ato, tatt. i the llisror.eal Commission finds that significant changes are being propos( 1 lie p,c es atm lined bcgmitiil r Section 3(d) shall then be Followed i ti, I t l F point( o, P it11 t? c!5 ^ CD p I lar r i.L 1 1 'm 1 Iii ` ( I) i t' _ l- I� t i1 I i ) I ? l i.L 1sa r ial1 h 'e public hew l I ' hro1 ei'I` ( tle.i' iii the Ne.0 at the address for saeh owners as listed in the then ecu e t e .l e,t etc tax list if the Board at lssessors \\=ithin 30 days ©1 such public heanng, the Historical ( -uuniission n malonty sOIL, mai at its option. appoint a Study Committee in the manner deser bed in section ry(e) and shall prepare a report with its recommendations. The 11ustor'e"i ! 01 nils; on shall then forward an NCI) bylaw dissolution article to the Selectmen for l til I 1 l I I` '1 i° pnro\al ht 1h' aii'- t\ \tie (1.) I \jpt. til s ,lI ib`t:ce and ad` oftsi meat ie,i the establishment tnodilleaticn, or disml ill I 1: shall be borne h\ itk, petitioners \n\ petition shall be accompanied by an agr i; , ?a hese e rp nye s 4 NCI t (a) 10, i)\\i \deem g appkwai -1f an NCD designation. and recording of a boundary map of c L, a the N i :Wiese `south l' egislr\ of Deeds, a NCD Commission shall he appointed ride,- iti.5 b\law and shai' co isist members and two alternates One member and one a,.ia a. slit; I be appoint d Inti i i Historic til C ommisston and one member shall be appoint. the 'lt,n cm, Boa, _i Ihree members and one alternate shall be residents of-the NC I) I . ;Pp u ted b, il.. -Iowa, Man : :ter \\"hen reasunablti possible the ?SCD Commission shall .net ie ,l. .i; hitel.t historic presei auoiust, lit landscape architect. (hi her and a.terr.atea of the h0 13 Commission shall initialiv- be appointed for stagf c e i_-n tad tv\ i.y tar arias thereafter Members who are residents of the \CD shall intticdi\ h 1}>r,; , tee, to s.at,gcred ter is and to rhre..e-year terns thereafter Each NC D Comnit,..i `T' inerlhiLt or alternate. rna\ continue to Ser\-e in office. alter the. mutation of his or her term until a ',IlCees.scr Is duk appointed. 5, RLN, s't. Cep cl.O'\S fRUC TION AND 'tL`i'ERAT1ONS (a) [hi 1<egulaaons and Guidelines fu each NC D shall establish the extent of review required ll r an\ Construction or 'operation proposed within that NCD (b) h\cept as ct.lerwise provided in tris Bylaw or in the Regulations and Guidelines of an Nd ) no 1- a e structure or Setting \\ithin a NCD shall be Constructed, Demolished, or Altered .i, an v\..\ not exempt from re\te\\ and no permit shall be issued for such Construction. Demolition 'i kite ration, unless the \i. D Commission shall first have issued a Certificate of Compattbt.ity a e ertltieate of Non- \pplaahiiit\ or a Certificate of Hardship (C) 1_.\ Tl tl ills Irelnl Review i \i1 01 Cit lolloavtn' categories or types of Construction and Alterations shall be .utipt oro. a review by till \C D Commission ( hempoi'ar' structines (�t Interior alterations ; Storm 'Ni11docl` storm doors and screens 0 .i r_ 1 lia.t { let ie.,r it I 1. t,i \ltcratiois and F\terror Architectural features that are not visible from a public \\ay or other areas open to public access, including but not limited to. a t.) h:. street public 'any jiuhlie park or public body of water, I"lie oidia"i \ nialliiilianec repair or replacement in kind of F\terror ehhectura,l and f _I; dsc„ning Features or changes made to meet requirements de, ni; .i b`" the Bt.nding (.ummissioner to be necessary for public safety because '1 1 ,I than iii tldil ?cirOLI's oliditloI _ or " •c-initueJ la other laws, including tui riot limited to fa s afar tc /orai4. hdiw,slon t ontro and hair housing, ii To addition the lcenuiations and (iuldellnes for an NCD mai provide for other .c I -p:. of (_o or \ltc a .on within that Ni D shall be c\cmpt i on �c te\ its NCI) l U`Illlll`•�io1L t Lel hrc pc-rt Owner ruin r-questt and the NCI) Commission shall issue. a t Non. \phl,cah ' t, I; r am Construction or ' Iteration that is exempt from e n(,c , ut the 'Xt. I) l onnnnlss!cn pursuant to the foregoing (d) I , 1e�� I,I ar herson priirivaing C onstruction or Alteration not exempt from rex ie\A shall II I .n ap'illcation elfin the h i D ("omnussion for a Certificate of( ompatibility or ( cruticotc of Hardship it; such io- n as the NCI) Commission may reasonably lc -_r•iine toiiether i i n -,uch plant elcwations, specifications, photographs, description t 1 a, to rn k and other information as may be reasonably deemed necessary by the NCD Cuinnussiur to enable n to male a determination on the application. The date of the it ma I il; application shall be the date of the receipt of the completed application by the N( i) C iiirintsslon. li) Following submission of an application deemed complete by the NCI) ( onunlssion the chair ifttie NCD Commission shall determine within 14 days whether the application rnwolyes features that are subject to review by the Commission. If the chair of the NCI) determines that the application is subject to review, the NCD onrnii,sion shall hold a public hearing within 45 days of the original filing date Public notice (dile e time place and purpose of the hearing shall be given at least 14 days prior to the hr;irni a critic by publication in a newspaper of general circulation in the Town and by con\c'in, said notice to the applicant and all owners of properties within 100 feet of the propel-I.\ at the address for such owners as listed in the then current real estate tax list of he B iaid of Assessors. all at the expense of the applicant. 1 1ioutrig the close oil the public hearing, the NCI) Commission shall determine the- the i. ipr'seli C.omitruction or ilteI'ation is compatible with the Regulations and hl beet lar that Ni f) If the NCI) Commission determines that the i 1 I .et ` t 11,1 ri1lhl, + 1'r the gent _il Rcru'.atit.ns and a ` i i T t !-1 i I the r. I I} r illi' ni a s e, -woo e he " C_ 1 r ''.m sslr. 1t I :1i x .i ttiii ,' nen.cr:t c 1" tine reasons tar its disapprowa, \ t ,r.it,cat, ai Hard. lilt ma\ he issued It the N( 1) Commission determines that, owing to ccndrti "i especiall) affecting the Building or Structure but not affecting the NCI) Lenciialti ;allure to issue a Cortin tate Of Compatibility would result in a substantial is ii' Lh_ aptlicani and that such application may be approwcd without substantial I,,, public xchat c w tho:ut substantial derogation from the intent and I )o , i int \it I) l.ro\ld -d til,.t upon elimination of the hardship condition any ii ,T i .ti i .sh'lietioli of -1icianon shall promptly" he removed NCI ; { oilier ssio'i i 1 s to issue. a Certificate or statement of disapproval mice' l.t 11 op -)f n c applieauoil. or said] farther time as the applicant ma\ c ei,i Ieate shall nc deemed granted l) ( omlriissicn s. .liii Sccen da\s tilt, with the Building L 'hiilii.,sioncr copies 01 a I (_crtiticatcs issued h\ it as well as any determinations of ( i the Re wide—Imes for tlh- N'C D may provide_ that certain categories t pe 1 - c o h,trucnorn ni \Iteri tion shall he subject to advisory non-binding review by Nr I, I';1 .moi.!... IL "di CT\ii.l lid\ ay ,c5t such lion-binding lei.ie b\ of an otherwise e mit ( nst-Liet1 in or 'lleratior n ii high event the re\1C\\ prucedui es shall he C,1 t,' `+:Thorn the Ni. ) ( mrin,;Sioll \citing Or rendering al binding determination. 6 DLC i t0\ iti I FRI! 1, (a) i pass Ii` IIx it platters before t the NCD Commission may consider among other things i i the arehlteetural aesthetic cultural, economic social or historical value and s ;,niiicaricc 01 the particular liuildiilgs. Structures or Settings affected, as well as the eit_ets 01 the L.ainc on the NC D (LI the suitabtln\ 01 the Construction s, \Iterations or Setting's general design, wringer—lent, and composition of its elements on the distinctive character of the NCD the effect 00 the cohesi\mess of the NCD in terms of scale and massing of the proposed c,l.in s relative to nearby Buildings and Structures in the NCD, the type of construction, st\lc the ex-tures and materials vt the features 1nvol\ed in the proposed Construction or Lli ra,'un till) the Setting and landscape characteristics, including their relationship to the street, topography and existing vegetation including mature trees, of the particular site r, (dyed in the Construction or \ltcration, as well as the effects of same on the NCD 11\ 1 to lemohtiuns the Building, Structure or Setting proposed to replace those dei'fotisile e J crit .Ins nceessar.'y, for rlditions of hardship as contemplated in Section _i I 11d i - I; u _j rt" I I '-I- _iii j �bf I I s. ii i - ,leie minuuor .he Ii Commission shall, among other things allow for appropruii are itectu.al di\ersit\ and encourage the compatible updating, expansion and repo\atioll of hit 1,1_n4s and Structures iii the NCD consistent with the distinctly characteristics of the tic D 7, DEN tit isu\ 1. �a) I Ic ;J t t Iii Sian 1 s icasun to be licc through \isual inspection or other means. that s B iilie 1._ t 1 Nt IJ iat= he undergo ng Demolition b\ Neglect. then the N(I) ( L s i sly l utt_ iht Bull ii 1t' C ianmissioner and the Property- Owner and the NC i) ( I a_ ,I- ruing inmis oner shah point'\ hold a public hearing to deter---=u ._ h= '1c_ 11 'crnt :-1`,- Den L !mon hs Neglect which shall regime the concurrence of the Bui'du (L torn ussioner 1n further ince of de'ernllning its condition, the NCD C'onlmissi , iii l.T an> time rct.uest an inspection of the Building or Structure by the Building C L11i.1J., b) nin ssi >11 at d the l; ildin`I ( omniissioner both determine that the Builder_ Su eL re s u idercu.iig i)em ,Iitioa Ir. Neglect, the NC D Commission and the Building t }II I I ei ,heel' .Lticllipi citrate it \olunntr\r agreement with the Property Ower i to. tale aid time it r.pail sufticieut to structurall\ stabilize the Building or Struelt, I ;_re cit 'Lrther ,lc teriordtit n (() 1 , i t t c r,t ,h,1.1 tine NC U C o•nmisslon and the Building Commissioner both determine that the .i r at hie til iie.totiate such an agreement with the Property Owner for any reason, or that the I Olbert )\, ler has agreed to undertake, but has failed to satisfactorily complete such repairs it I tin I tinnier, then tie. ;\C,I) Commission and the Building Commissioner may take such act un as is l-)crrr med under `et tin i ) including seeking a court order that specific repairs he ur.dert<t1 en to secure 1 .Building or Structure against the elements sandals and vermin, to halt furthhe deters nation and to stabilize it structurally The NCD Commission may forbear from coin lien,li.i aa action in court fon .t_1\ reason (d) 111,00 completion c>1 all repairs tha base been agreed upon between the Property Owner and the \( D Commission and the Building Commissioner o; that have been ordered by the NCI) Commission and the Building Lorin issioner or that have been ordered by the court, and upon certllicatlotl by the Building Commissioner that said repairs have been completed, the NCD Connnission shall e'er f_\ that the Building or Structure is no longer undergoing Demolition by Ne gleet 8. RES 1SCO\ (ylr RV(.UI 1.TJO S '.Nil) (`;Ut11F1 INES The NC U ( t,runlissiun shall meet periodically with the Property Owners in the NCD for the purpose 01 determining whether the NDC Regulations imd Guidelines are still appropriate The first of hit se meetings 5111th uce.ir three \cars from the date of the District's designation as an NCI) and shall it.Lan at a 1 less than sc\e 1 s ear inter\als thereafter 9 ,11.11}Ed 1 `,1 Itt nl'W FNFORC. A' \ 1 , ‘.'ND 1_.:`4.1"4. a L t II . 1 , 1 11. 1-.-:1 11 I 11 i, lt_ ,leelr,e I ii i- 1?`, as the Kim lit H ! �,i i at_ Lit l'_ e� ..Lid Y ec1,it\ i tic c., l + .I. .0 tel, \.I. 1'11e le1,l111re'1.el.l I-tills 11\ tdN:\ "1r to present I1 tIIti1 (b) yll,tYt1e lklund in vtolation indene, he Pneel-iitlt-inure tbtan $5Ofi for each Llay`s tai-y'io1"atio i continue:, L.ucl1 c-la. -constituting a.s parole eI4ense° In addition no building permit shall be ISSued \ Yi11 res,: ! to an\ prcnurst., upon c;hieh a Building or Structure. subject to the provisions cit this h ! ) is 'Lei coruri rll 1 ci U or demolished in violation of this bylaw for a period of two \,.L1 tt1 Fie (hoe 0 the tt tuple ion of such demolition or \ltetatlon or the date by which the Ni 1 1111 and the 13,11 cinE. Comnossioner both have determined that a building is undergo i1` ± I i i h negleci \\hiche \ date, is later except pursuant to the issuance ofa budding n :_il ) an gceeiricnt reached _ender Section 7(h) or as otherwise agreed to b\ the t I 1.1 t 111 and the lit.nlun. t.ommnissioner -1.s used herein "premises" includes the pare I d potiron wine h the del()oh lied Banding or Structure was or is located. (c) i t {, , ii .0 i i11.1ee. H a detern;utatl111 ci the \L I) ( onliitiSsiOn tml\, within -20 days after th I! J .1 ' itl. )1. 1. tete 'ltl,.11.lt 1 1.1-: the Building Como issltiLer file a written request t1 1. I ( cit 1t"n 5a 01 lot 0 NVIL 11' h\ ,t tenni mee`ing of the l listorieal ( on'unission and lila. t 11, Iii i'hc Leat 0',.I;I nissit 11 and Planning Board shall hold apubl_e hearing within -t .i \ 0 h, equest 1 :blie nott.e. of the time place and purpose of the hearing shall be gi\ a t 1 1 .i, , p_ict t the 1: ,zi.11,_ date ' ; publication in a newspaper of general cireulaU ti 11. 1 i a.id b\ cot-\- \tI ,' '.alcl notice to the applicant and all owners of propert '1' 1 ion M!t 'et -it 1 l I i t)r)c rt It tie addles',esti tilt such owners as listed in the then current I ! e i t.,.\ list of die Board of \ssessors. all at the expense of the part) aggriex ed. The tint 11 is ti! tIi .Int hearing VI,hteIl nun sustain or overrule the prior decision of the NCD onlnits it,r !fall he tiled with the I.;tuiIdtrrg C..clrnnnssioner within 60 days of the request, and ~Hall be \ rdlii`>. in tli. applicant and the. amin1 committee unless a further appeal is sought in it COUrt \\11:1 run=i0.11Or (d) t ..rt hca:_` )t onupatibilito and t ertit:t.atcs al-lordship shall expire in 18 months, plus such on . t I .1\ he tequtred to pursue or await the determination of a Judicial review as pro video .t? c\ ion their slate iii ssu._tnce i construction has not begun b\ such date Not tth;t i 1 lit tile abo\e the \('f) Commission ma) grant one or more extensions of up to six month' each it there arc uiiu cidahie delays 10 > Xea'l'€\G Is\ 1 .ONS NOT .13.F 1'i 4LED (a) (`t ditto t lntanrcd to this' byla\\ shall be construed as repealing or modifying any existing hvlat'\ o I•_ tli.tler e f the 1 owii but ii hall bt in addition thereto It=this bylaw imposes greater restrietio 111 c, 1 ilo i. on t•ue.t1 in or alio ation of Buildings. Structures or Settings than other by1a\y's o '"i rt \ I ions of law suets greater restrietions shall prevail Doe tared tdoiple_1 .1_, _i111(ntlti liar )fi In la\ 11 and ,s opposed \. 01'1 .c Na hahc I. Rice Town Clerk