[HISTORY: Adopted by the Town Meeting of the Town of Ipswich
as Ch. XXII of the 1973 Bylaws. Amendments noted where applicable.]
GENERAL REFERENCES
Demolition review — See Ch. 138.
The Town of Ipswich hereby establishes an Architectural Preservation
District ("APD"), to be administered by an Architectural Preservation
District Commission ("APDC").
A.
This bylaw is enacted under the Home Rule Amendment of the Massachusetts
Constitution for the purposes of:
(1)
Preserving and protecting groups of historically and/or architecturally
significant buildings and the characteristics of their neighborhoods
that are important to the Town's architectural, cultural, economic,
political and/or social history;
(2)
Fostering wider public knowledge and appreciation of such neighborhoods
and buildings;
(3)
Limiting the detrimental effect of alterations, additions, demolitions
and new construction on the character of such buildings and their
neighborhood settings;
(4)
Reviewing proposed alterations, which include demolition, substantial
additions, and new construction, of or to any buildings located within
the APD, for appropriateness and compatibility with the existing buildings,
setting and neighborhood character; and
(5)
Facilitating the protection of the APD through a combination of binding
and voluntary non-binding regulatory review.
B.
To achieve these purposes, the Town of Ipswich may designate APDs
to be administered as set forth in this bylaw.
For the purpose of this bylaw, the terms and words listed below
shall have the following meaning:
Any addition to a principal or accessory contributing building
that is enclosed by walls and a roof and which increases the existing
gross floor area by 1,000 square feet or by 30% or more, whichever
is less. Multiple additions that occur within a consecutive three-year
period which collectively increase the building's gross floor
area as described above shall also constitute a Substantial Addition.
[Amended 5-12-2015 ATM
by Art. 16]
A change to a building or part thereof, such as removal,
construction, reconstruction, restoration, replication, rehabilitation,
addition, or demolition; and/or a change to a site that includes constructing,
placing, erecting, installing, enlarging or moving a building and
other similar activities.
An Alteration to the exterior of a contributing building
which bears a cost that equals or exceeds 50% of the assessed value
of the structure before the Alteration is undertaken, or which significantly
changes the shape, height and proportions, or scale of the building,
and/or its relationship to surrounding structures along the streetscape.
An area of historic and/or architectural significance determined
by the Town's residents to be worthy of preservation.
Pursuant to § 113-9 of this bylaw, a mandatory process which applies to demolition, substantial alterations, and new construction of buildings on contributing properties in an APD.
A combination of materials having a roof, the purpose of
which is the shelter of persons, animals, property, or processes.
A document issued by the APDC allowing Alterations which require review pursuant to § 113-9 of this bylaw.
Any building within an APD that was constructed prior to
1900 and which contributes to its historical character, or any house
lot within the APD which was either vacant prior to the adoption of
this bylaw or subsequently becomes vacant due to the demolition of
its principal building.
The act of pulling down, destroying, removing or razing structures
or significant parts of structures, or commencing the work of total
or substantial destruction with the intent of completing the same.
A public document which provides further detail and illustration of the design standards established in § 113-10 of this bylaw. Such guidelines, by facilitating the APDC's determination as to whether proposed alterations are appropriate and compatible with the existing buildings, setting and neighborhood character of the APD, will ensure fair, reasonable and objective preservation practices by the APDC.
A review offered by the APDC for Alterations as described in § 113-8 of this bylaw.
The owner of the subject property or an owner of real property
located within the APD and within 300 feet of the subject property.
A siding material that has been placed over or has replaced
the wood siding of a building. This includes, but is not necessarily
limited to, aluminum, vinyl, or asphalt siding.
[Amended 5-12-2015 ATM
by Art. 16]
The APD shall, by Town Meeting vote, encompass the area shown
on the map entitled "Proposed Architectural Preservation District,
dated September 3, 2014," and appended to this bylaw. Amendments to
the district boundaries may be made only by vote of Town Meeting.
A.
The Select Board shall appoint a five-member APDC to oversee the
APD 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 Select Board may also
appoint up to two alternate members, initially for terms of one, two
and three years, and for three-year terms thereafter. If members are
absent, unable to act, or recused from voting due to a conflict of
interest, the APDC chair may designate one or both of the alternate
members to serve in their place.
B.
To the extent achievable, the APDC shall be comprised of the following
persons: a member of the Ipswich Historical Commission; an architectural
designer; a craftsperson or building contractor familiar with historic
restoration; and two residents of the APD. Members and alternates
of the APDC shall by reason of experience and/or education have demonstrable
knowledge, interest, and ability to effectively carry out the APDC's
responsibilities.
A.
The APDC shall exercise its powers in reviewing the construction, demolition and/or alteration of buildings within the APD as set forth in this bylaw, and in accordance with the standards described in § 113-10. Within 180 days of its establishment, the APDC shall adopt design guidelines to assist the APDC determine whether the proposal satisfies the standards described in § 113-10, as well as to facilitate owner understanding of, and compliance with, those standards. The APDC may also promulgate rules and regulations consistent with the provisions of this bylaw, or 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.
B.
In adopting design guidelines and rules and regulations, including
any subsequent amendments, the APDC shall first hold a duly posted
public hearing advertised at least 14 days in advance within a newspaper
of local circulation.
C.
The APDC shall not adopt or amend any design guidelines or rules
and regulations until at least 35 days after the APDC has provided
a copy of those proposed guidelines or regulations to the Select Board.
The following are exempt from the requirements of this bylaw:
A.
Routine maintenance of buildings.
B.
Repairs or improvements which do not require a building or demolition
permit from the Building Inspector.
C.
Temporary buildings (subject to time and size limits imposed by the
APDC).
D.
Interior building alterations.
E.
Exterior building colors.
F.
Installation or replacement of storm windows and doors, screen windows
and doors.
G.
Removal or replacement of gutters, downspouts, window and door shutters.
H.
Removal of substitute siding from a building.
I.
Structures not defined as buildings or parts of buildings.
J.
Reconstruction of a 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 a Contributing Property the owner is encouraged to reconstruct the building, to the greatest extent possible, to conform to its original size and appearance; for a non-Contributing Property the owner is encouraged to reconstruct the building to conform to the design standards in § 113-10 and the associated design guidelines.
A.
Property owners undertaking alterations to a Contributing Property
are strongly encouraged, but not required, to request an advisory
review from the APDC for the following improvements:
(1)
Accessibility improvements, including ramps, rails, walkways and
mechanical equipment associated with exterior architectural barriers
subject to MGL c. 40A and other applicable state or federal laws;
(2)
Replacement of windows, doors, architectural trim, roofing and siding
in a manner that substantially differs from existing materials, design
or dimensions;
(3)
Construction of a fully-enclosed addition to a structure that increases
its gross floor area by less than 1,000 square feet or by less than
30%, whichever is less, or by construction of a structure that does
not have a roof or is not fully enclosed by load-bearing walls, including
the replacement and extension of a porch or deck;
(4)
Installation of solar collectors or wind energy collection systems;
and
(5)
Any other alteration not classified as routine maintenance that does
not increase building volume.
B.
Advisory review does not require a public hearing, is non-binding, and can be requested electronically. In providing advisory review for a proposed Alteration, the APDC shall make a finding as to whether or not the proposed Alteration is compatible with the standards in § 113-10 and the associated design guidelines. The APDC shall provide its finding in writing and within 20 days of receiving a request for advisory review. The advisory may include recommendations on how the proposed Alteration could be made more consistent with the standards and the design guidelines.
A.
The following alterations require the submittal of an application
for review by the APDC:
(1)
Demolition of a building or part of a building on a Contributing
Property.
(2)
Substantial Exterior Alteration to a Contributing Property.
(3)
New construction of buildings on properties within the APD, including
substantial additions, but not including the construction of accessory
buildings that are less than 250 square feet in area.
[Amended 5-12-2015 ATM
by Art. 16]
B.
Applications should include a completed application form and photographs
showing existing buildings and site conditions. For new construction
and substantial exterior alteration, 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. Applications can be submitted electronically, but
applicants shall also provide one hard copy of the application to
the Planning Office. If appropriate, the APDC may waive any or all
of the requirements for design submittal and review.
C.
Within 30 days of the application submittal, a copy of which shall be filed with the Town Clerk, the APDC shall hold a public hearing on the application, said hearing to be noticed by an ad published at least once in a newspaper with local circulation 14 days or more before the hearing. Following the hearing, the APDC shall determine whether or not the proposed Alteration is consistent with the standards set forth in § 113-10 and the associated design guidelines.
D.
If the APDC determines by majority vote that the Alteration adheres
to the standards and the design guidelines, it shall issue a Certificate
to Alter, which may be subject to reasonable conditions that the APDC
deems necessary and appropriate. If the APDC does not achieve a majority
vote that the Alteration is compatible with the standards and the
design guidelines, it shall make a negative determination.
E.
The APDC's written determination shall be submitted to the property owner within 20 days of the close of the public hearing, and no later than 60 days after the submittal of an application, unless granted a time extension by the owner. In making its determination, the APDC shall provide a rationale for its action, including a description of how the alteration does or does not meet the standards set forth in § 113-10 and the design guidelines. If the APDC makes a negative determination, it shall include recommendations on how the proposed Alterations may be modified to satisfy the APDC. Once the applicant modifies the Alterations in a manner that the APDC finds acceptable, the APDC shall issue a Certificate to Alter.
When reviewing an application, the APDC shall consider the following standards, which are intended to guide the property owner in the site development and building design, as well as the APDC in its review of proposed actions as described in § 113-9 above:
A.
Height and Proportions — The height, proportions, and relationship
of height to width between windows, doors, signs and other architectural
elements should be compatible with the architectural style and character
of the building or structure.
B.
Relation of Structures and Spaces — The relation of a structure
to the open space between it and adjoining structures should be compatible
with such relationships in the district.
C.
Shape — The shape of roofs, windows, doors and other design
elements should be compatible with the architectural style and character
of the building.
D.
Scale — The scale of a structure should be compatible with
its architectural design style and character and that of the district.
E.
Directional Expression — Building facades and other architectural
design elements should be compatible with those of others in the district
with regard to the dominant vertical or horizontal expression or direction
related to use and historical or cultural character, as appropriate.
F.
Garages and Accessory Buildings — Garages and accessory buildings
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 or negative determination issued by the
APDC shall be dated and signed by its chair or such other person designated
by the APDC to sign certificates on its behalf. The APDC shall send
a written copy of its actions to the property owner and shall file
other copies with the office of the Town Clerk and the Building Inspector.
The date of issuance of a certificate or negative determination shall
be the date of its filing of other said copy with the office of the
Town Clerk.
B.
If the APDC should fail to submit a written determination within
20 days of closing its public hearing, or within 60 days of the submittal
of a Certificate, or within such further time as the applicant may
allow in writing, a Certificate to Alter shall be waived in favor
of the property owner.
[Amended 5-12-2015 ATM
by Art. 16]
In addition to the duties previously set forth in this bylaw,
the APDC or the Building Inspector may issue enforcement orders directing
compliance with this bylaw and may undertake any other administrative
enforcement action authorized by law. Upon request of the APDC, and
with the approval of the Select Board, 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.
Except as stated in Subsection B below, the APDC's authority as established in this bylaw shall not supersede or interfere with the regulatory authority of other local or state boards or APDCs.
B.
By exercise of this bylaw, the APDC assumes the authority of the Ipswich Historical Commission pursuant to Chapter 138, Demolition Review, of these General Bylaws, relative to the proposed demolition of buildings built prior to 1900 and located within the APD.
C.
The APDC shall make every effort to coordinate its review with that
of other Town Boards.
[Amended 5-12-2015 ATM
by Art. 16]
Any aggrieved party may appeal the action of the APDC. 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 APDC shall promulgate and publish such rules and regulations
as are deemed appropriate and consistent with the provisions of this
bylaw.
