[Adopted3-23-2016 ATM
by Art. 29]
A.
This bylaw enables the establishment of Neighborhood Conservation
Districts (NCDs) in the Town of Lexington for the following purposes:
(1)
To recognize that the Town of Lexington contains unique and distinctive
neighborhoods and areas which contribute significantly to the overall
character and identity of the Town and which are worthy of preservation
and protection. The Town aims to preserve, protect, and enhance these
neighborhoods through the establishment of Neighborhood Conservation
Districts;
(2)
To promote conservation and preservation of existing buildings; to
encourage new construction that will complement and be compatible
with existing buildings, structures, settings and neighborhood character;
and to foster appropriate reuse and upgrading of buildings and structures
in designated neighborhoods;
(3)
To provide residents and property owners with the opportunity to
participate in planning the future of their neighborhoods;
(4)
To promote wider public knowledge about and appreciation for Lexington's
distinctive neighborhoods and their buildings, structures and settings;
and
(5)
By furthering these purposes, to enhance public welfare by offering
current and potential Lexington residents a variety of neighborhoods
from which to choose, thereby making the Town a more attractive and
desirable place in which to live and work.
B.
An NCD designation is intended to enable the neighborhood and the
buildings within it to be able to adapt to meet the needs of current
and future owners, while conserving the neighborhood's distinctive
character.
C.
An NCD designation identifies a neighborhood and specifies its distinctive
architectural, aesthetic, historical, cultural, economic, and social
contributions to the development of the Town of Lexington's character.
ALTERATION — Any change to the exterior of a
building, structure or setting, or part thereof, including construction,
demolition, moving, reconstruction, rehabilitation, removal, replication,
restoration, similar activities, or significant changes to the site
itself.
A combination of materials forming a shelter for persons,
animals, or property.
The Building Commissioner of the Town of Lexington.
A form created and issued by the NCD Commission under this
bylaw which states that a proposed plan for construction or alterations
to a building, structure or setting within an NCD meets the regulations
and guidelines adopted for that NCD, and which is signed by that NCD
Commission's Chair or other officially delegated person responsible
for its issuance.
A form created and issued by the NCD Commission under this
bylaw, which states that owing to conditions especially affecting
the building or structure but not affecting the NCD generally, failure
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 of the NCD, and which must
be signed by that NCD Commission's Chair or other officially designated
person.
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 NCD Commission's Chair or other officially
designated person.
The erection of a new building or structure.
The act of pulling down, destroying, removing, or razing
a building or structure or any substantial portion thereof or the
act of commencing the work of total or substantial destruction with
the intent of completing the same. "Demolition" as used herein shall
be deemed to include demolition by neglect.
A process of ongoing 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 maintenance;
failure to secure the building from pests or vandals; or failure to
take reasonable measures to prevent the ingress of water, snow, ice,
and wind through the roof, walls, or apertures.
Such portions of the exterior of a building 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.
Advisory guidelines, duly adopted under this bylaw, to guide
the review of proposed construction or alteration within a particular
designated NCD.
The Lexington Historical Commission.
The total geographic area covered by all of the properties studied under each § 78-3 study.
A public body established under this bylaw with the authority
to review and approve or disapprove proposed construction or alteration
to a building, structure, or setting in the NCD for compatibility
with the design guidelines established for that NCD. A separate NCD
Commission shall be established for each designated NCD.
A district approved by Town Meeting for those properties
within an NCD Area that are not opted out properties.
Properties in NCD Areas which shall be excluded from an NCD designation in accordance with § 78-3E.
A document signed by at least 10 property owners, or for
an NCD Area consisting of 14 or fewer properties, two-thirds of the
property owners in said area, one signature per property, of a neighborhood
stating the desire of the property owners to form an NCD, and including
the supporting materials required to initiate the study process by
which an NCD is established.
[Amended 3-20-2017 ATM
by Art. 35]
The Lexington Planning Board.
An owner of a property as listed on the Town of Lexington's
property tax rolls at the relevant time.
Mandatory regulations which describe the authority vested
in the NCD Area's NCD Commission, duly adopted under this bylaw.
The document prepared by a Study Committee recommending favorable
or unfavorable action on a petition to establish an NCD.
The characteristics of the site of a building, structure
or undeveloped property, including, but not limited to, placement
and orientation of the building or structure, and vegetation and landscaping.
A combination of materials other than a building, including
a sign, fence, wall, terrace, walk, or driveway.
Structures which have no permanent foundation, and are intended
to remain on a property only for a brief period of time, not to exceed
60 days.
A.
To be considered for designation as an NCD, a neighborhood must satisfy
the following criteria:
(1)
The proposed NCD Area as a whole constitutes a recognizable neighborhood
which has a distinctive character; and
(2)
The proposed NCD Area contains buildings, structures, or settings
that are significant to the architectural, aesthetic, cultural, economic
or social history of Lexington; or
(3)
The proposed NCD 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.
B.
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, or for an NCD Area consisting
of 14 or fewer properties, the signatures of two-thirds of the property
owners in said area, electing to be included in the proposed NCD Area,
one signature per property, which petition shall also include:
[Amended 3-20-2017 ATM
by Art. 35]
(1)
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, or
(2)
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;
and
(3)
A preliminary map of the proposed NCD Area; and
(4)
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 Historical Commission shall within 30 days hold a public hearing, notifying all property owners in the proposed NCD Area and all property owners within 100 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 Historical Commission, by majority vote, shall determine whether the proposed NCD would be appropriate under the criteria set forth in § 78-3A. If the Historical Commission determines that an NCD would be appropriate, it shall convene a Study Committee to investigate and prepare a report 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 the proposed NCD Area who shall be appointed by the Town Manager. When reasonably possible, the Study Committee should include an architect, landscape architect, or historic preservationist. Notice of a Study Committee's appointment shall be conveyed to all property owners in the proposed NCD Area and all property owners within 100 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, and such information shall also be made available, to the extent practicable, to prospective buyers through distribution to real estate brokers with offices in Lexington.
D.
The Study Committee, working with residents of the proposed NCD Area,
shall meet to evaluate the appropriateness of an NCD designation for
the proposed NCD Area; all such meetings being public meetings open
to all interested parties. Within one year of its appointment, the
Study Committee shall determine, by a supermajority of four positive
votes, whether an NCD is appropriate, and shall prepare and file with
the Historical Commission and the Planning Board a written report
explaining its decision. If the Study Committee determines that an
NCD designation is appropriate, such report shall propose draft text
for the applicable regulations and guidelines to be presented to Town
Meeting, which shall include:
(1)
A statement of the significant architectural, aesthetic, cultural,
economic, social or historical qualities of the proposed NCD Area;
or
(2)
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;
and
(3)
A map of the geographic boundaries of the proposed NCD Area, and
(4)
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 NCD.
E.
A public hearing shall be convened jointly by the Historical Commission
and the Planning Board within 60 days after the filing of a completed
report to discuss the Study Committee's findings. Public notice shall
be given by publication in a newspaper of general circulation in the
Town not less than 14 days before the day of the hearing, by posting
such notice in a conspicuous place in the Town for a period of not
less than 14 days before the day of such hearing, and by conveying
said notice by certified mail to all property owners in the proposed
NCD Area and to property owners within 300 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. Said notice shall
state that the report is available in the Planning Office and online
at the Planning Board and Historical Commission websites, and that
property owners in the proposed NCD Area may request a printed copy
of the report at the Planning Office. Said notice shall also include
the procedure and expiration date by which any property owner can
elect, by right, to exclude their property from an NCD designation
that may occur through this designation process. Each such property
is herein called an "opted out property."
F.
Within 30 days of the close of the public hearing, but after the
time period for determining opted out properties has expired, the
Historical Commission 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.
If more than 25% of the properties in the NCD Area (one signature
per 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 Area to exclude certain properties
if it results in a revised NCD Area that maintains the integrity of
the study findings and contains at least 75% of NCD study area properties.
Only if the original or revised NCD Area contains at least 75% of
NCD study area properties may the NCD designation go forward. In that
case, the Historical Commission and Planning Board, acting jointly,
shall vote on a recommendation for NCD designation. If the vote is
to not recommend an NCD designation, then the proposed designation
shall be deemed rejected.
If an NCD is favorably recommended by the Historical Commission
and the Planning Board, acting jointly, they shall prepare a Town
Meeting warrant article incorporating the NCD designation, area, regulations,
and guidelines, and forward it to the Select Board for consideration
at Town Meeting. A positive majority vote by Town Meeting is required
to approve the NCD.
[Amended 3-27-2019 ATM by Art. 34]
G.
Each NCD, as adopted by Town Meeting, shall identify its specific
regulations and guidelines, establishing the nature and scope of review
authority granted to the corresponding NCD Commission under this bylaw
for activities within the NCD, including, but not limited to, selecting
categories and types of construction or alteration that are 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 NCD 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 of that NCD's establishment
by Town Meeting.
I.
Amendments to an NCD (including changes to regulations, guidelines, and the boundaries of the affected NCD) may be proposed by petition of 10 property owners, or for an NCD Area consisting of 14 or fewer properties, two-thirds of the property owners in said area, in the NCD, one signature per property, by the applicable NCD Commission, by the Historical Commission, or by the Planning Board. Upon receipt of a written request for any such amendment, the Historical Commission shall hold a public hearing, notifying all property owners in the NCD and all property owners within 100 feet of the NCD, at the address for such owners as listed in the then current real estate tax list of the Board of Assessors. Within 30 days of such public hearing, the Historical Commission, by majority vote, shall determine whether the proposed amendments would be appropriate and may, at its option, appoint a Study Committee in the manner described in § 78-3C to prepare a report with its recommendations. If the Historical Commission deems that the proposed changes are within the scope of the original study, the Historical Commission shall bring the proposed amendments to Town Meeting for approval by majority vote. If the Historical Commission finds that significant changes are being proposed, the process outlined beginning in § 78-3D shall then be followed.
[Amended 3-20-2017 ATM
by Art. 35]
J.
The dissolution of an NCD may be proposed by petition of property owners in the NCD, one signature per property, that constitute 67% 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 current real estate tax list of the Board of Assessors. Within 30 days of such public hearing, the Historical Commission, by majority vote, may, at its option, appoint a Study Committee in the manner described in § 78-3C and shall prepare a report with its recommendations. The Historical Commission shall then forward an NCD bylaw dissolution article to the Select Board for consideration at Town Meeting for approval by majority vote.
[Amended 3-27-2019 ATM by Art. 34]
K.
All expenses of notice and advertisement for the establishment, modification,
or dissolution of an NCD shall be borne by the petitioners. Any petition
shall be accompanied by an agreement to pay these expenses.
A.
Following Town Meeting approval of an NCD designation, and recording
of a boundary map of the NCD at the Middlesex South Registry of Deeds,
an NCD Commission shall be appointed under this bylaw and shall consist
of five members and two alternates. One member and one alternate shall
be appointed by the Historical Commission and one member shall be
appointed by the Planning Board. Three members and one alternate shall
be residents of 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 of the NCD Commission shall initially be appointed
for staggered terms, and to two-year terms thereafter. Members who
are residents of the NCD shall initially be appointed to staggered
terms, and to three-year terms thereafter. Each NCD Commission member
or alternate may continue to serve in office after the expiration
of his or her term until a successor is duly appointed.
A.
The regulations and guidelines for each NCD shall establish the extent
of review required for any construction or alteration proposed within
that NCD.
B.
Except as otherwise provided in this bylaw or in the regulations
and guidelines of an NCD, no building, structure, or setting within
an NCD shall be constructed, demolished, or altered in any way not
exempt from review, and no permit shall be issued for such construction,
demolition, or alteration, unless the NCD Commission shall first have
issued a certificate of compatibility, a certificate of nonapplicability,
or a certificate of hardship.
C.
Exemptions from review:
(1)
All of the following categories or types of construction and alterations
shall be exempt from review by the NCD Commission:
(a)
Temporary structures,
(b)
Interior alterations,
(c)
Storm windows, storm doors, and screens,
(d)
Color,
(e)
Accessory buildings of less than 120 square feet of floor area
and less than 10 feet in height,
(f)
Alterations and exterior architectural features that are not
visible from a public way or other areas open to public access, including,
but not limited to, a public street, public way, public park or public
body of water,
(g)
The ordinary maintenance, repair or replacement in kind of exterior
architectural and landscaping features or changes made to meet requirements
deemed by the Building Commissioner to be necessary for public safety
because of an unsafe or dangerous condition, or
(h)
Changes explicitly permitted by other laws, including but not
limited to laws related to zoning, subdivision control, and fair housing.
(2)
In addition, the regulations and guidelines for an NCD may provide
for other categories or types of construction or alterations within
that NCD that shall be exempt from review by its NCD Commission.
(3)
Any property owner may request, and the NCD Commission shall issue,
a certificate of nonapplicability for any construction or alteration
that is exempt from the review of the NCD Commission pursuant to the
foregoing.
D.
Review:
(1)
Any person proposing construction or alteration not exempt from review
shall first file an application with the NCD Commission for a certificate
of compatibility or certificate of hardship, in such form as the NCD
Commission may reasonably determine, together with such plans, elevations,
specifications, photographs, description of materials, and other information
as may be reasonably deemed necessary by the NCD Commission to enable
it to make a determination on the application. The date of the filing
of an application shall be the date of the receipt of the completed
application by the NCD Commission.
(2)
Following submission of an application deemed complete by 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 Commission. If the Chair of the NCD determines that
the application is subject to review, the NCD Commission shall hold
a public hearing within 45 days of the original filing date. Public
notice of the time, place and purpose of the hearing shall be given
at least 14 days prior to the hearing date by publication in a newspaper
of general circulation in the Town and by conveying said notice to
the applicant and all owners of properties within 100 feet of the
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
of the applicant.
(3)
Following the close of the public hearing, the NCD Commission shall
determine whether the proposed construction or alteration is compatible
with the regulations and guidelines established for that NCD. If the
NCD Commission determines that the proposed construction or alteration
is compatible with the general regulations and guidelines, it shall
issue a certificate of compatibility. If the NCD Commission determines
that the construction or alteration is not compatible, the NCD Commission
shall provide the applicant with a written statement of the reasons
for its disapproval. A certificate of hardship may be issued if the
NCD Commission determines that, owing to conditions especially affecting
the building or structure but not affecting the NCD generally, failure
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 of the NCD; provided that
upon elimination of the hardship condition, any incompatible construction
or alteration shall promptly be removed.
(4)
If the NCD Commission fails to issue a certificate or statement of
disapproval within 60 days after the filing of the application, or
such further time as the applicant may allow in writing, the certificate
shall be deemed granted.
(5)
The NCD Commission shall within seven days file with the Building
Commissioner copies of all certificates issued by it as well as any
determinations of disapproval.
(6)
The regulations and guidelines for the NCD may provide that certain
categories or types of construction or alteration shall be subject
to advisory, nonbinding review by the NCD Commission, or an owner
may request such nonbinding review of an otherwise exempt construction
or alteration, in which event the review procedures shall be followed,
but without the NCD Commission voting or rendering a binding determination.
A.
In passing upon matters before it, the NCD Commission may consider,
among other things:
(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;
(2)
The suitability of the construction's, alterations' or setting's
general design, arrangement, and composition of its elements on the
distinctive character of the NCD; the effect on the cohesiveness of
the NCD in terms of scale and massing of the proposed changes relative
to nearby buildings and structures in the NCD, the type of construction,
style, the textures and materials of the features involved in the
proposed construction or alteration;
(3)
The setting and landscape characteristics, including their relationship
to 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;
(4)
For demolitions, the building, structure, or setting proposed to
replace those demolished;
(6)
All such other standards, factors, and matters contained in the regulations
and guidelines for the NCD.
B.
In making its determination, the NCD Commission shall, among other
things, allow for appropriate architectural diversity and encourage
the compatible updating, expansion and renovation of buildings and
structures in the NCD consistent with the distinctive characteristics
of the NCD.
A.
If the NCD Commission has reason to believe, through visual inspection
or other means, that a building or structure in the NCD may be undergoing
demolition by neglect, then the NCD Commission shall notify the Building
Commissioner and the property owner, and the NCD Commission and the
Building Commissioner shall jointly hold a public hearing to determine
whether it is undergoing demolition by neglect, which shall require
the concurrence of the Building Commissioner. In furtherance of determining
its condition, the NCD Commission may, at any time, request an inspection
of the building or structure by the Building Commissioner.
B.
If the NCD Commission and 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 a 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 the event that the NCD Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the property owner, for any reason, or that the property owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner, then the NCD Commission and the Building Commissioner may take such action as is permitted under § 78-9, including seeking a court order that specific repairs be undertaken to secure the building or structure against the elements, vandals and vermin; to halt further deterioration; and to stabilize it structurally. The NCD Commission may forbear from commencing an action in court for any reason.
D.
Upon completion of all repairs that have been agreed upon between
the property owner and the NCD Commission and the Building Commissioner
or that have been ordered by the NCD Commission and the Building Commissioner,
or that 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 neglect.
The NCD Commission shall meet periodically with the property
owners in the NCD for the purpose of determining whether the NCD regulations
and guidelines are still appropriate. The first of these meetings
shall occur three years from the date of the District's designation
as an NCD, and shall occur at no less than seven-year intervals thereafter.
A.
The Building Commissioner shall be charged with the enforcement of
this bylaw. The Building Commissioner is authorized to institute any
and all proceedings in law or equity, as he deems necessary and appropriate
to obtain compliance with the requirements of this by law, or to prevent
violation thereof.
B.
Anyone found in violation of this chapter may be fined not more than $300 for each day such violation continues, each day constituting a separate offense. No building permit shall be issued with respect to any premises upon which a building or structure subject to the provisions of this bylaw has been voluntarily altered or demolished in violation of this bylaw for a period of two years after the date of the completion of such demolition or alteration or the date by which the NCD Commission and the Building Commissioner both have determined that a building is undergoing demolition by neglect, whichever date is later, except pursuant to the issuance of a building permit pursuant to an agreement reached under § 78-7B, or as otherwise agreed to by the NCD Commission and the Building Commissioner. As used herein "premises" includes the parcel of land upon which the demolished building or structure was or is located.
[Amended 3-20-2017 ATM
by Art. 35]
C.
Any party aggrieved by a determination of the NCD Commission may,
within 20 days after the filing of the notice of such determination
with the Building Commissioner, file a written request with the NCD
Commission for a review by a joint meeting of the Historical Commission
and Planning Board. The Historical Commission and Planning Board shall
hold a public hearing within 45 days of the request. Public notice
of the time, place and purpose of the hearing shall be given at least
14 days prior to the hearing date by publication in a newspaper of
general circulation in the Town and by conveying said notice to the
applicant and all owners of properties within 100 feet of the 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 of the
party aggrieved. The findings of this joint hearing, which may sustain
or overrule the prior decision of the NCD Commission, shall be filed
with the Building Commissioner within 60 days of the request, and
shall be binding on the applicant and the joint committee, unless
a further appeal is sought in a court with jurisdiction.
D.
Certificates of compatibility and certificates of hardship shall
expire in 18 months, plus such time as may be required to pursue or
await the determination of a judicial review as provided above, from
their date of issuance, if construction has not begun by such date.
Notwithstanding the above, the NCD Commission may grant one or more
extensions, of up to six months each, if there are unavoidable delays.
Nothing contained in this bylaw shall be construed as repealing
or modifying any existing bylaw or regulation of the Town, but it
shall be in addition thereto. If this bylaw imposes greater restrictions
upon the construction or alteration of buildings, structures or settings
than other bylaws or provisions of law, such greater restrictions
shall prevail.
