Additions and porches

Fruit Street Historic District Commission decides

An addition seen from the street is reviewed for its scale, shape, proportions and materials; the Commission can set dimensional and setback requirements. Before any building or demolition permit, you need one of three certificates: of appropriateness (the work suits the district), of non-applicability (nothing reviewable is involved), or of hardship. The Commission decides within 14 days whether the work is reviewable, holds a hearing within 45 days, and decides within 60 days of filing; if it doesn’t act in time, a certificate of hardship issues automatically. It looks only at what can be seen from a public street, park or the river, never at interiors.

Code ch. 16 §16-2; Code ch. 16 §§16-6–16-8; M.G.L. c. 40C

Design guidelines guidance

The 2008 guidelines ask that additions be subordinate to the original house, set back from its face and placed where least visible from the street, and not read as an extra story.

Code ch. 16 §§16-6–16-8; M.G.L. c. 40C

Historical Commission unclear

Whether the citywide demolition delay also applies inside the Fruit Street district is not settled by either ordinance: chapter 16 requires a certificate before any demolition permit, and the delay ordinance has no carve-out for the district. Ask the Zoning Administrator.

§5-308(A)–(G); ch. 2 §2-103; Zoning §XXVII-C.3 and §XXVIII-C.3 (the carve-outs); Code ch. 16 §§16-6–16-8; M.G.L. c. 40C

Zoning Board of Appeals decides

Separately from any historic review: if the work enlarges or changes a building that doesn’t meet today’s setbacks or other zoning rules, or otherwise needs a special permit or variance, that goes to the Zoning Board (to the Planning Board downtown).

Zoning §IX, §X-H; §XXVII-C.2, F.1; §XXVIII-E.6; M.G.L. c. 40A §6

Planning Board decides

An addition, a porch, or any enlargement is an alteration. On a historic building (individually listed on the National Register, or contributing in the 1984 nomination), this needs a Downtown Overlay special permit before any building permit, judged against the Secretary of the Interior’s Standards. Before applying, the owner gives the Historical Commission photographs, the inventory forms and the plans at least 30 days ahead; the Commission sends the Board an advisory report.

Zoning §XXVII-D.8, §XXVII-F.7; §XXVIII-D.3, §XXVIII-E.7; Zoning §XXVII-D.2, 13; Zoning §XXVII-C, E, F; §X-H.7–8; Zoning §XXVII-F.4.b–c, F.5.a.iii; ch. 2 §2-104

Design rules what the Board looks for

Additions compatible with the building, its lot and its setting in size, scale, height, material and character, and reversible, so the historic building could be restored without it. A contemporary design is encouraged rather than an imitation.

Zoning §XXVII-C, E, F; §X-H.7–8

Zoning Administrator determines

Downtown review doesn’t reach everything. Excluded, on a written determination: ordinary maintenance or replacement in kind (no change in design, material or appearance; a new paint color counts as in kind); work on a building or feature that isn’t historic; and alterations (not demolition, not new construction) of a one- or two-family house whose lot is in one of the residential (R-1, R-2, R-3) pockets downtown. Work excluded from downtown review falls under the demolition delay ordinance instead, if it is “demolition” of a building 75 or more years old.

Zoning §XXVII-C.3, §XXVII-E; §X-H.5

Planning Board decides

Downtown, the Planning Board also decides any other special permit the project needs, usually together with site plan review.

Zoning §XXVII-C, E, F; §X-H.7–8; Zoning §IX, §X-H; §XXVII-C.2, F.1; §XXVIII-E.6; M.G.L. c. 40A §6

Zoning Board of Appeals counts toward 25%

On a contributing building, the DCOD counts the wall an addition covers as well as the wall it removes, and adds both to everything taken since April 2014. Removing a single wall to build an addition is not demolition of the building, as long as that wall is no more than 25% of the total; once the running total passes 25%, it needs a DCOD special permit, which the Zoning Board may grant only if the building has no substantial market value or reasonable use left.

Zoning §XXVII-D.5–6; §XXVIII-D.1–2; DCOD demolition diagrams (Apr 8, 2022); Zoning §XXVIII-E.1–6; special permit criteria §X-H.7; procedure §X-H.8; Zoning §XXVIII-D.2, E.1; §5-307

Historical Commission decides whether to delay

Any change to the roofline stays with the Historical Commission in the DCOD, contributing or not. On a building 75 or more years old (100 for an accessory building), any change to the roofline counts as demolition under the demolition delay ordinance, even if no wall comes down: a change of pitch or ridge, adding or removing a tower or cupola, a dormer that misses the setback rules below, or anything without a roof (a deck, a widow’s walk, a chimney, a railing) that rises above the roof or sits within 3 feet of the edge of a flat roof. Hearing within 30 days; a delay of up to 18 months if the Commission finds the building preferably preserved.

§5-307; Zoning §XXVIII-C.3; art. X

Historical Commission decides whether to delay

If the building was not contributing in 1984 but is old enough, If the building is 75 or more years old (in whole or in part; 100 for a garage, barn or other accessory building), listed on the National Register, or designated by the Commission, the demolition delay ordinance counts as “demolition”: removing or altering more than 25% of its exterior walls, any change to the roofline, moving it on its lot, or moving it off. That work needs a Commission hearing, held within 30 days of a complete application. If the Commission finds the building “preferably preserved” it can delay the demolition permit for up to 18 months; it cannot refuse it outright.

Code of Ordinances ch. 5 art. X §5-307; §5-307; Zoning §XXVIII-C.3, E; art. X

Zoning Board of Appeals decides

Separately from any historic review: if the work enlarges or changes a building that doesn’t meet today’s setbacks or other zoning rules, or otherwise needs a special permit or variance, that goes to the Zoning Board (to the Planning Board downtown).

Zoning §IX, §X-H; §XXVII-C.2, F.1; §XXVIII-E.6; M.G.L. c. 40A §6

Historical Commission decides whether to delay

An addition counts against the walls it removes. If the building is 75 or more years old (in whole or in part; 100 for a garage, barn or other accessory building), listed on the National Register, or designated by the Commission, the demolition delay ordinance counts as “demolition”: removing or altering more than 25% of its exterior walls, any change to the roofline, moving it on its lot, or moving it off. That work needs a Commission hearing, held within 30 days of a complete application. If the Commission finds the building “preferably preserved” it can delay the demolition permit for up to 18 months; it cannot refuse it outright.

Code of Ordinances ch. 5 art. X §5-307; §5-307; §5-308(A)–(G); ch. 2 §2-103; Zoning §XXVII-C.3 and §XXVIII-C.3 (the carve-outs)

Historical Commission decides whether to delay

If the addition changes the main roof (raising it, tying a new roof into the old), On a building 75 or more years old (100 for an accessory building), any change to the roofline counts as demolition under the demolition delay ordinance, even if no wall comes down: a change of pitch or ridge, adding or removing a tower or cupola, a dormer that misses the setback rules below, or anything without a roof (a deck, a widow’s walk, a chimney, a railing) that rises above the roof or sits within 3 feet of the edge of a flat roof. Hearing within 30 days; a delay of up to 18 months if the Commission finds the building preferably preserved.

§5-307; §5-308(A)–(G); ch. 2 §2-103; Zoning §XXVII-C.3 and §XXVIII-C.3 (the carve-outs)

Zoning Administrator determines

A part of the building that permits or other City records show is younger than 75 years (an earlier addition, a later garage) can be removed without Commission review, on the Zoning Administrator’s written determination. The rest of the building stays covered.

§5-307; §5-307 exclusion (ii)

Zoning Board of Appeals decides

Separately from any historic review: if the work enlarges or changes a building that doesn’t meet today’s setbacks or other zoning rules, or otherwise needs a special permit or variance, that goes to the Zoning Board (to the Planning Board downtown).

Zoning §IX, §X-H; §XXVII-C.2, F.1; §XXVIII-E.6; M.G.L. c. 40A §6