HomeMy WebLinkAbout2016 Bylaw creating NCD - 2016 ATM Article 29TOWN CLERK'S CERTIFICATE
LNatha lieL Rice, Clerk of the T own ofLexington, Massachusetts, here�������
the adjourned session of the 20\8/�oouu|To�vn �4eetio�held on\�arcb2],20l6'Ue following
motion cuodoowas adopted under ARTICLE 29.
ARTICLE 29: AMEND GENERAL BYLAWS —NEIGHBORHOOD CONSERVATION
DISTRICTS
MOTION: That the General Bylaws of the Town be amended as set forth in the motion
attached to the report of the Planning Board on this article, a copy of which is on
tile with the Town Clerk and the Planning Board, and further that non-substantive
changes to the numbering of this bylaw be permitted in order that it be in
compliance with the numbering format o[the Code of the Town of Lexington,
ARTICLE g: TEXT OF MOTION, PLANNING BOARD REPORT
Add a new Chapter 78 to the Code of Lexington as follows:
Chapter 78Neighborhood CnmxorvwtiooDiofric s
1. PURPOSES
(a) This Bylaw enables the establishment ofNci�bhodzuudCmoscrvndooDisbjoa
Districts
the [o�roo[ Lexington for the ;oUnuo � (NCDs)
to recognize that the Town of Lexington contains unique and distinctive
neighborhoods and areas which contribute significantly to the overall character and
identity nf the Town and which are worthy ofpreservation and protection. The Town
aims to preserve, protect, and cnhance t!icse neighborhoods through Ole establishrnent of
Neighborhood ~ '
(ii) to promote conservation and preservation of existing buildings; to encourage new
conslruction that will complernent and be cornpatihle with existing Buildings,
Scttings and nciglthorhood charaeter; and to Uosier appropriate reuse and upgrading o[
Buildings and Structures in designated neighborhoods;
(iii) to provide residents and propert) owners with the oppo to participate in
planning the future m[ their neighborhoods;
(i,) to promote wider public knowledge about and appreciation for Lexington's
distinctive neighborhoods and their Buildings, Structures and Settings;
(v) and by furthering these purposes, to enhance public ‘/c]/arc by offering current
and potential Lexington residents o variety ufneighborhoods from which to choose,
thereby making the Town a more attractive and desirable place in which to live and work.
(b) NC[) digntion is intcndcd lo cnabe the neigliborhood and the buildings ithin it to
be able 1u adapt to meet the needs of current and future oxoncru, while conserving the
neighborhood's distinctive character.
(c) AulvCD designation klentific»u neighborhood and specifies its distinctive architectural,
aesthetic, historical, cultural, economic, and social contributions to the deve|oynncu1o[ the Invvn
of Lexington's character,
'
2.DEFIMD]OM
Alteration — any change 1n the exterior of a Building, Sbncbuieor Setting, or part Uzerco[ �
bnc}udiog000x�ucdoo^Jco�oij�nn,onoviog,rucVuuiructiou,n:bnhi|baioo./cnoovul,rop\i ion,
restoration, similar or yiecdOcuut changes to the site itself.
Building a COMbination of materials 1:iirating a shelte persons, 'animals, or property.
]0uildko8Cumnnmieyiouer -- the Building Commissioner o[ the Town of Lexington.
Certificate of Compatibility — a form created and issued by the NCD Commission under this
Bylaw which states that apropuucd plan for Construction or Alterations to a Building, Structure
or Setting vvlth(n an NCD meets the Regulations and Guidelines adopted for that NCD, and
which is signed by that NCD Commission's Chair nr other o[fiuiu])y delegated person
responsible for its issuance.
Certificate of No iuubi]dv~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
NCD are not subject to review under this bylaw, and which is signed by that NC J Commission's
Chair or other otficiuUy designated person.
Certificate nKHardship a forrn created and issued by the NCI) Commission urider this Bylaw,
which states that owing to conditions especially affecting the Building or Structure but not
affecting the NCD generally, failure to issue aCortiGuu1e nfCompatibility 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 of the NCD, and which must be signed by that NCD Cocunniasioo`n Chair or other
officially designated person..
Construction — the crccTounfo new Building orSicucb�e.
Demolition --- the act o{pulling down, destroying, removing, or razing a Building or Siructure or
any' substantial portion thereof nr the act o| commencing the work u[ total or substantial
destruction with the intent ufcompleting the same. "Demolition" as used herein shall be deemed
to include. Demolition 6vNeglect.
Demolition hyNcolexf ' Aproccou of ongoing damage in the fuhric, viability 01 Ianclionalitv of
an unoceupied huilding leading towards or caLising its eentua1 demolition duc to decay,
structural failure or severe degradation over a period of time as a result of a general lack of
maintenance; .tailure to secure the building 'from pests or vandals; or failure to take reasonable
measures prevent the ingress of Water, snow, ice, and wind through the roof, walls, or
Ex{urorArchitcctmrulFouturcm — oucbpVnboouoftbe exterior ofuBuilding or Structure,
including but not limited to the architectural style and general arrangement and Setting thereof;
the type and texture of' exterior building materials; and the type and style of windows, doors,
lights, signs and other appurtenant fixtures;
Gub]u|i000 — odvicnry guidelines, guidelincs. dul\ adopted under this Bylaw, to guide the review o[
proposed Construction or \Iteration within a particular designated NCI).
08ish/rival Commission — the Lexington Historical Commission.
Neighborhood Conservation District or NCI) a district approved by Town Meeting for those
prupo1icy within uyJCD Area that are not Opted Out Properties.
NC'0 Arom the total geographic area covered by all of the properties studied under each Section
33ludy.
NCI) Commission upublic, body mstubs led under this Bylaw \\ith thc authority to review and
approve or disapprove proposed Construction or \lteration to a Building, Structure, nr Setting in
1boN[%) for compatibility with the Design Guidelines established for that NCD, A separate
NCD Commission shall be established for each designated NCD.
OptedWutPmperdes —P ies in NCD Areas which shall be excluded from an NCD
designation in accordance with Section 3'cj.
Petition a document signed by at least }U Property Owners, one signature per property, of a
neighborhood statinLc the desire of the Property Owners to form an NCD, and including the
supporting rua\oduls required to initiate the study process by which an NCI) is established.
Planning lXo -d the Lexington Planning Board.
Property Owner 'ao owner otapiopeity as Iisted on the Town of Lcxingtori's propertytax
rolls at the relevant time,
Regulations mandatory regulations which describe the authority vested in the NCDArcn`a
NCD C7ornmission, duly adopted under this Bylaw.
Report - the document prepared 6vuStudy Committee recommending favorable ocunfavorable
action on a Ptition to establish an 1"JCD
S«ttiug - tbecbuructczlcbcso[Lbc site uta 0ui|dio Structure or undeveloped property,
including,, hut not l'nutecl to, placement and orientation of the Building or Structure, and
vegetation and landscaping;
Structure ucombination uf materials other than a building, includiogasigo,[eoccxmU,
terrace, walk, or driveway,
Study Committee - rhe group of five people appointed to review, recommend or reject a Petition
to create ;in NCI), Lis described in Section 3(c), or amend an existing NCD, as contemplated in
Section 3{0.
Temporary Structures — structures which have no permanent foundation, and are intended to
remain o a property only for a brief period of time, not to exceed 60 days.
3. DESIGNATION OF NEIGHBORHOOD CONSERVATION DISTRICTS
(a) To be considered for designation as an NCI), a neighborhood must satisfy the following
criteria:
The proposed NCD Area as a whole constitules a recogniiahIe neighborhood
which has a distinctive character, cm/
(ii) the proposed NCI.) Area contains Buildings, Structures, or Settings that are
significant to the architectural, aesthetic., cultural, economic or social history of
Lexington: or
On) the proposed NCI) Area has generally cohesive features, such as the scale, size,
type of construction, materials, or style- or age of its Buildings and Structures, or its land
use patterns and landscaping.
(h) 'The designation of an NCD shall be initiated by Petition of neighborhood Property
Owners, submitted to the Historical Commission and containing signatures of at least 10
Property Owners electing to be included in the proposed NCD Area, one signature per property,
which petition shall also -include:
(j) a general statement of the architectural, aesthetic, cultural, economic, social or
historic qualities of the proposed NCD Area which make it appropriate for NCD
designation, w.
(h) a description of the cohesiveness of the proposed NCD Area in terms of scale,
size, type of construction, materials or style or age of its Buildings and Structures, or its
land use patterns and landscaping: cuid.
(in) a preliminary map of the proposed NCD Area, and
(iv) a general outline of the scope of the Regulations and Guidelines that would be
proposed for the NCD.
(c) Upon receipt of a Petition for NCD designation, the I:historical Commission shall within
30 days hold a public, hearing, notiring all Property Owners in the proposed NCI) Area and all
property o\vners -within I 00 feet of the proposed NCD Area, at the address for such owners as
listed in the then current real estate tax list of the Board of Assessors. Following such public
hearing, the fiistorical Commission, by majority Vote, shall determine whether the proposed
NCD would be appropriate under the criteria set forth in Section 3(a). lf the Historical
Commission determines that an NCD would he appropriate, it shall convene a Study Committee
to invest.igale and prepare a Re-port on the appropriateness of such a designation for the proposed
NCD Area, The Study Committee shall consist of five members, of which one shall be a
designee of the Planning Board; one shall be a designee of the Historical Commission, and three
shall be residents of [be proposed NCD Area. who shall be appointed by the Town Manager.
When reasonably' possible, Unz Study Committee should include an architect, landscape architect,
or historic preomvuiouisa. oa Stud L'anirniticos appointment shall he conveyed to all
Property Owners in the proposed NCDArea and all nropertv owners within }OO feet of the
proposed .NT CD Area, at the address for such cwyncrs as listed in the then current real ootatu|ux
list of the Board of Assessors„ and such information shall also bc made available, to the extent
practicable, to prospective buyers dnnogb distribution to real estate brokers with offices in
(d) The, Study Committee, Working with residents of the proposed N0Areay�)m��
cvuu�eUhoappropriateness o[ooN{�Ddcsigoabon for the proposed l�C0/\cca;' all such
ruceLiugy being public meetings open to all interested parties. Within one year ofits
appoinbne/i,\hc3iodyCoounittee,uhuidc1conhnc,bruyupummiorityof/hurposihvevntcx,
whether au NCI) io appropriate, undobuJ|prepmeoud[UeviUhUze Historical Commission and
the Planning Board a vuinun Report explaining its decision, If the Study Committee determines
that an NCI) designation iy appropriate, such Report shall propose draft text for the applicable
Regulations and {]ujdc|ineutnhcpruso'�d\u owm\3cdln��r/hicbshall include;
`"'
`' au|o�mcolo[lh� yi gn 'Oomutard/kectund , aesthetic, cultural,
or
historical qualities ofdne proposed NCD Area, or
(lb a description of the cohesiveness of the proposed NCD Area in ternis of scale,
size, (ypc of construction, materials or style or age of its Buildings and Structures, or its
use paucrns and landscaping; ancf
(iii) u map nfthe geographic boundaries o[ibepropuoodNg),Area, ow/.
(iv) a statement describing the nature of the authority to be vested in the proposed
NCD Area's NCD Commission, proposed Regulations implementing such authority and
proposed Guidelines for the NCI),
(le) A public hearing shall be convened jointly by the IIistorical Commission and the
y1ouniug Board vvitbin 60 days aficcUhc filing u[u completed Report io discuss the Study
Committee's findings, Public oo�ccshall be given by publicatio iou newspaper of general
'
circulation in the Town not less than 14 days before the day of the hearing, by such
nod��amo�icuo�p\o��l�Tovm� period �| ��l4 ' posting
for not less days before the day
of
such hearing, and by conveying said notice. by certified mail to all Property Owners in the
proposed NC!) Arco rnd to propertv owuers ithin 300 feet of thc pruposed NCD Area, at the
address for such owners as listed in the then current real estate. tax list of the Board of Assessors,
Said :notice shall state that the Report is available in the Planning Office and online at the
Planning Board and l{istnriex| Commission web sites, and that Property Owners in the proposed
NCI) Area may request u printed copy uf the Report ut the Planning Office. Said notice shall
also include the procedure and expiration date by which any Property Owner ean elect, by right,
1u exclude their property :from uuY4CD designation that may occur \brouuhthis designation
process. Each such yoopeoyix herein caUedao()y{cd Out Property,
-
(f) \\ ohin 30 da s of the Cl0Sc of' the public hearing. hut after the tirne period for
determining Opted Out. Properties has expired, Uhc Historical Comrnission and the Planning
Board shall hold a joint meeting to incorporate any changes based upon public input and
eliminate properties within the NCD Area from potential NCD inclusion.
Elmore than Z596u[the Properties in thL CL) Are .one signature. puz property) are Opted Out
Properties, then the Historical Commission and Planning Board, acting jointly, may at their
option, redraw the proposed boundaries of the NCD Arca to exclude certain properties if it
results in a revised NCD ,Vrca that maintains the integrity of the Study findings and contains at
least 7596of NCO Study &ruaProperties. Only {[ the original orrcrimudNCI}6zeacon1ainxn{
least 75 % of NCI) Study "Vert Properties rn the NCD dedgnation go forward. In that casc,
the Historical Commission and Planning Board, acting jointly, shall vote on urccozomcodu1ino
for NCD designation. |[U/u vote is t() not reconrnend :oNCD designation, then thc proposed
designation shall hc deemed rejected.
tf an N( 1) is favorably recommended by the Historical Commission and the Planning Board,
acting jointly, they shall prepare a Town Meeting warrant article incoiTorudn; the NCD
designation, /\fua, Regulations, and Guidelines, and forward it to the Selectmen for consideration
at Town Meeting. /\ positive majority vote b Town Meeting is requirecl to approve the NCR
(g.) Each NCD, as adopted by "1 own shall identify its specific Regulations and
GuiJdi TICS, cniuhUuhi thc nature and scope ufre\ ic authorit\ granted to the corrcsponding
NCD Commission under this Bylaw |brncbvkicm within the NCD, including, but not limited to,
selecting categories and types of Construction or Alteration that arc exempt from or subject to
review. The Regulations shall permit accommodations for disability as required by the Fair
Housing Act.
(h) The establishment of an NCI) shall not be construed to prevent the Construction or
Alteration of a Building or Structure located in the NCD under a building permit, zoning permit
or other municipal approval duly issued prior to the effective date o[ that NCD`o establishment
by Town Meeting.
@ Amendments to an NCD (including changes to Regulations, Regulations, Guidclines, and the
boundaries ol' the affected NC:D), may be proposed by petition of 10 Property Owners in the
NCI), one signature per property, by the applicable NCD Commission, by the Historical
Commission, ochy the Planning Board, Upon receipt o[4xriUcnreguee\foruoysuch
amendment, the Historical Commission shall hold uyub|ic hearing, notifying all Property
Owners in the NCD and all property owners within 100 feet ofthe NCD, at the address for sueh
owners as listed in the then current real estate tax list of the Board of Assessors. Within 30 days
*f such public hearing, the Historic-al Commission, by majority vote, shall deterrnine whether the
proposed amendments would be appropriate and may, at its option, appoint a Study Committee
iodbemanner described in Section 3(c) to prepare a report with its recommendations, If the
Uiu1odou|Conu/oiosioodcemsUzat{hcpnoposcdcbuugesoocxiddutbcaoopeof1hrorigina|
Study' the Uiokniou| Commission shall bring the proposed amendments to Toxn Meeting for
approval bymajority vote. lf the Historical Cornrnission finds that signitieant changes are being
The dissolution or an NCD may be proposed by petition of Property Owners in the NCD,
one uign:l,ure per property, that constitute 67'N of all Property Owners in the NCD. Upon receipt
of a written request for any such dissolution, the Historical Commission shall hold a public
hearing, notifying all Property Owners in the NCD, at the address for such owners as listed in the
then eun'eo( real estate tax list o[(6uHoordofAssessors. Vithin 30 days of such public hearing,
the Uiu(oriou\ Commission, hy majority votc, may, at its option, appoint a Study Committec in
the manlier described in Section 3(c) and shall prepare a report N.Vi th its recommendations. The
Historical Commission shall then forward an NCD bylaw dissolution article to the Selectmen for
consideration at Town Meeting for approval by majority vote.
(k) &]l expenses of notice and advertisement for the establishment, modification, or
dissolution o[mo NCD shall bc borne hy the petitioners. \nv petition shall bc accompanied by
:igreeinent to pay these expenses.
4, NCD COMMISSIONS
kJ Following. Town Meeting appcoval ofan NCD designation. and ofaboundary
coupv[ the ��CDu1dze��idd1eucx South Kcglabyo[ Deeds, uY�[D(�oroodoxiu— shall hc
appointed under this b1a and shall consist of live members and two alternates. One member
and one alternate shall bu appointed hy t1ie Hi oheal C'onimission and one rncmher shall be
appointed hy the Planning Board. Three members and one alternate shall hc residents o[the
NCD, to be appointed by the Town Manager. When reasonably possible, the NCD Commission
shall include an architect, historic preservationist, or landscape architect.
(b) 'Members and alternates ol the NCI) Commission shall initially be appointed for
staggered terms, and lo two-year terms thereafter. Nicoobcco wbn are residents uf the NCD shall
initially be appointed to staggered terms, and to three-year terms thereafter. Each NCD
Commission member oralternate may continue to serve in office after the expiration ofhis or her
term until a successor is duly appointed.
5. RKVDIW0F CONSTRUCTION AND ALTERATIONS
(a) The Regulations and Guidelines for each NCD shall establish the extent of review
required for any Construction or Alteration proposed within tha NCD.
(b) 'Except as otherwise provided in ihis Bylaw or in the Regulations and Guidelines of an
N[[)` no Building, Structure, or Setting within a NCD shall bcCuuytructed, Demolished, or
Altered in any way not exempt from review, and no permit shall be issued for such Construction,
DcnnoUdon, or/\|\uru(iuo' unless thc NCD Commission shall first have issued a Certificate of
Compatibility, a Certificate of Non-Applicability, or a Certificate of Hardship.
(c) Lrxenipuons from Review:
All o[dzu categories or types of Construction and Alterations shall bc
exempt from review by the NCD Commission:
Temporary s1ructuccs.
Interior alterations,
Storm windows, storm doors, and screens,
j}
\eessu: Bui1dng 01 less than 120 suare Ieet of floor arca and less
than feet n height,
(6) Alterations and Exterior Architectural Features that are not visible from a
puh]i� va or other areas open to public access, including but not limited to, a
public street, public, way, public park or public body of W a t er ,
(7) The ordinary maintenance, repair or replacement in. kind of Exterior
Architectural and Landscaping Fcnkncs or changes made to meet requirements
deemed by the Building Commissioner 1u be necessary for public safety because
ofuo unsafe nr dangerous condition, or
(K) Changes explicitly permitted by other laws, including blimited to
laws related to Zoning, Subdivision Control, and Fair Housing.
In 1ddition. the Regulations and Guidelines for an NCI) may provide for other
categories or types o( Construction or Alterations within that NCD tl-iat shall be cxempt
from review by its NCD Commission.
�\uY Property Owner may request, and the MCD Commission shall issue, a
Certificate of Non-f1pplieability flor any Construction or Alteration that is exempt from
the review of the NCD Commission pursuant to the foregoing.
(d) Rm�cu�
Al persun proposing Construction or Alteration not exempt from review shall
firoifilomoupp6cu1ionniibthoNCDCnrnnniyuionfbroCuMificn1eofCornpatihUityor
Certificate o/Hardship, aueb :form as the NCD Cornmission may reasonably
determine, together with such plans, elevations, specifications, photographs, dcscriplion
of materials, and other information as may be reasonably deemed necessary by the NCD
C'omlnissiun to enable t to make a detenniniiition on the application. The date otthe
filing elan application shall buthe date of the receipt nIthe completed application by the
NCD Commission.
in) Following submission o[un application deemed complete hv the NCD
Commission, the chair of the NCD Commission shall determine within 14 days whether
the application involves features that are subject to review by the Cornrnission. lf the
chair of the NkCD deiconinus that the application is subject to review, the NCD
Commission shall hold a public hearing within 45 days o[1bu original fihiiig date, Public
uudcco[ the time, place and purpose u/ the. hearing shall be given al least |4days prior \o
the hearing date hy publication iuu newspaper m[ general circulation in the Tovn and by
conveying said notice nz the applicant and all owners of properties within lO0 feet ofthe
property, at the address for such owners as listed in the then current real estate tax list of
the Board of Assessors, all at the expense o[the applicant.
Oh) Following th close ut the public hearing, the 'NCD Commission shall determine
whether the proposed Construction or Alteration is compatible with the Regulations and
[li/iJcliuos established for that NCD. l[ the .NCU Commission deterrnincs that the
proposed Construction ur Alteration is compatible with the general Regulations and
Guidelines, itshall issue w Certificate o[Compatibility. If the CD (ommi ssion
determines that the- Construction or Alteration iy not compatible, the NCI}Commission
shall provide the applicant with m^oi(tou statement of the reasons for its disapproval. A
Certificate u[ Hardship may ho issued if the N[[) Commission dctcrrnines that, owing to
conditions especially affecting the Building or Structure but not affecting the y4CD
generally, failure to issue uCc/dficute of Compatibility would result in a substantial
hardship to the applicant and that such app1iation ma be approved without substantial
detriment to the public welfare and without substantial derogation from the intent and
purpoucs o[<hcNCD; provided that upon elimination o[ the hardship condition, any
inuonzpudWc Construction ocAlteration shall promptly be removed.
(iv) If the NCI) Conamission fails to issue a Certificate or statement of disapproval
within 6O days after thc 11n of Inc apphea[lon, or sueh forther time as thc applicant may
allow in writing, the Certificate shall be deemed granted,
(Y) lluN[D Commission shall withi seven day file with the Building
Commissioner copies of all Certificates issued by it as w:U as any determinations of
disapproval,
(vi) The Regulations and Guidelines for the NCD may provide that ecrtain categories
or types ofConstruction or Alteration shall he subject to advisory, non-binding review by
the NCO Commission, or an owner may request such non-binding review of an otherwise
exempt Construction or Alteration, in which event the review procedures shall be
followed, but without the NCD Commission V o ting or rendering a binding, determination.
6. DECISION CRIUCHJA
(a) In passing upon matters before it, the NCDCoi mavcunsider, a ng other
(1} the architectural, aesthetic, cultural, economic, social or historical value and
significance of the particular Buildings, Structures or Settings affected, as well as the
effects of the same on the NCD,
(ii) the suitability n[ the Construction's, f\\terubons` 0rSetting's general design`
uuangecaon1 and composition of its elements on the distinctive character of the NCD; the
effect oo the cohesiveness of the 'NCD in terrnS of scale and rnassing oi'the the proposed
changes relative to nearby Buildings and Structures in the CD, the type ofconstruction,
style, the textures and rnaterials of the features invohed in the proposed Construction or
(iii) the Setting and landscape characteristics, including their relationship 10 the street,
topography, and existing vegetation, including mature trees, of the particular site
involved in the Construction or Alteration, as well as the effects of same on the NCD;
(iv) for demolitions, the 8uildhng, Structure, or Setting proposed to replace those
demolished;
(v) alterations necessary for conditions o[ hardship, axcontemplated in Section
(vi) all such otiler standards, factors, and matters contained in the Regulations and
Guidelines .for the NCD:
(b) |u making its determination, tbcNCU Commission shall, among other things, allow for
appropriate architectural diversity and encourage the compatible undobng, expansion and
renovation of Buildings and Structures Lo the NCl} consistent with the distinctive characteristics
nf the NCD,
7, DEMOLI fiON BY NEGLECT
(a) If the NCD Commission has reason to believe, through visual inspection or other means,
that u Building or Structure. in the NCI) may be undergoing Demolition by Neglect, then the
NCD Commission shall notify the Building Commissioner and the Property Owner, and the
NCI) Connniosiooand the Building Commissioner shall jointly hold apub||cbu i to
determine whether it is undergoing Demolition by Neglect, which shall require the concurrence
nf the Building Commissioner. In 6iidhe/ance of determining its condition, the NCD
Commission may, at any 1inne, request an inspeolion of the Building or Structure by the Building
Commissioner,
b) IT the NCD Commissi(mand the Building Commissioner both determine that the
Building or Structure is undergoing Demolition by Neglect, the NCD Commission and the
Building Commissioner shall attempt to negotiate 0 voluntary agreement with the Property
Owner for appropriate and timely repairs sufficient to structurally stabilize the Building or
Structure and prevent further deterioration,
(c) In Uzecvucu1hu(UhcNC|) Commission and the Building Commissioner both cictcrmine
that they are not able to uugudaie such an agreement with the Property 0*11cx'fbc any reason, or
that the Property Owner has agreed to undertake but has failed to satisfactorily complete such
repairs in timely manner, then lhcy4CD Commission and the Building Cornrnissioner may take
such action as is permitted under Section 9, including seeking a court order that specific repairs
be undertaken to secure the Building or Structure against the elernents, vandals and vermin; to
halt Ourd/rr deterioration; and to stabilize it structurally. The NCD Commission may forbear
from uo/nu/euciug an action in court for an reason.
(d) Upon completion of 011 repairs that have been agreed upon between the Property Owner
and the NCD Commission and the Building Conunissioncr or that have been ordered by the
NCD Commission and the Building Commissioner, or tha have been ordered by the court, and
upon certification by the Building Commissioner that said repairs have been completed, the NCD
Commission shall certify that the Building, or Structure is no longer undergoing Demolition by
8. REVISION OF REGULATIONS ANI GUIDELINES
The NCD (oinmission shall inect periodieally with the Property Owners in thc NCD for the
purpose ofdetermining whether the NDC Regulations and Guidelines are still appropriate. The
first o[these meetings shall occur three years from the date of thc District's designation as an
NCD, and shall ocur at no less than seven-year intervals thereafter.
9. JUDICIAL REVIEW, [NFORCEMENl`AND LAPSE
(a) "File Building Commissicr,ershall be charged with the enforcement of this Bylaw, The
Building Commissioner is authorized to 'nstitute an and all proceedings in law or equity, as he
c
deems necessary and appropriate to obtain compliance with the rcquirenienls ot this by law, 01 10
prevent violation thereof.
(h) - � ���—���--'-_____ --'-_- .~.~.~...' ..~^ ,^~.. . `
In addition, no building perrnit shall be n ^
issued with respect to any premises upon which a Building or Structure subject to the provisions
Si
�
o[ this bylaw has been voluntarily altered or demolished. in violation o[ this bykavv for a iod of
tvuycorea|�xth�Ju\cu[d/ccuop\c1iouo[uucbdcrouiiduonr�\bxzoinnortbodo1ch^ which
the l�CD Commission aod the BuUdiug (�onuouiooiuuerboth have determined that a building is
undergoing demolition bvneglect, Whichever date is later, except pursuant to the issuance of
building permit pursuant to an agreement reached under Section 7(b), or as otherwise agreed to
by ibc��CD Commission the � Building Commissioner. As used herein "'premises" bncbudcs
the parcel of hind upon which the dernoiished Building or Structure was or s loca cd.
(c) Any iovcdbvudcterm6nu1onof the NCU Commission may, within 20 days
n8crLhn6|ingo[cbuoutiocufaudhdc1eru)inotion*6UhlheT\ui|cUngCoozmiaoioocr file a written
request with the NCD Commission Col u review bvu joint nn of the [Uakndca Commission
and Planning ]�ourd. ThcUis{o�cu| Commission and P|uoniog Board shall hold anuh\io
vddin45Jnvsof the roqu�t� Public no�ccof the Uu�o`place and puqx�soofthe public hearing
bc given m1beoa|4days prior tudebcabogda1ch(pub|icudnoinumzwmpupero[gcncra
circulation in the Town and bv conveying Said notice to the applicant and all owners of
'Properties within 100 feel of the propci t\, ni the adUres Ir such o\ners as Iisted in the then
current real estate tax list o[the Board ol Assessurs, all at the expense of the party aggrieved.
The findings or this joint hearing, which may sustain or overrule the prior decision of the NCD
Commission, uhu]i be tiled niLhibc8ui}diog Cornmissioner within 60 days of the and
shall bc. binding ou the applicant and the jn�tcoo�nd�cc,unless o�udhcr appeal is sought ino
cou�w�b]uusdicdon
(d) CeniUca1co of Compatibility' and Certificates of Hardship shall expire in 18 months, nh�
such time as may be required to pursue. or await the determination of a judicial review as
'
provk1cdubove,bocn1heirduVeu[iynum/ue,LLcumobuo1onbuxnothc uohysucbdate.
Notwithstanding the above, the Cf) Cornwission may grani one or more more extensions. ofup to
six months each, if there are unavoidable delays.
10, EX1STKNGBYLAWS NOT REPEALED
(a) Nothing contained in this bylaw shall be construed as repealing or modifying any existing
bylaw oruguluduuof the To,vo, but dshuD6einuddh�outhereto, l[�du6v `
restrictions upon the Coos�uo�onmrAkorudon, n[8ui|di ` Structures u/� c�iogo-than greater
hy1ass 01 0FO\ lSiOnS of law, such greater restrictions shall prevail.
Declared /\dopk:d ar amended with 96 in favor and 55 opposed.
.A true CcTy,
/ Nihalie la Rice, To \yri Clerk