When do I need Commission approval?

Residents in historic districts are required by law (Massachusetts General Law Chapter 40C) to receive approval for any exte-rior alterations prior to commencing the work. Alterations include changes in design, material, color or outward appearance of the structure including, but not limited to, doors, walls, fences, entrances, gutters, railings, roofs, chimneys, brickwork, porch-es/decks, skylights, windows, exterior staircases, signs and sign posts. Approval is needed to remove any features such as shutters, porches, siding, windows, fences, railings, doors, chimneys, etc. or for partial or full demolition of buildings, fences, exterior walls or staircases, garages, sheds, etc. This work requires approval under a Certificate of Appropriateness or Hard-ship.

Work such as additions, alterations or new construction not visible from a public way, temporary structures or signs, recon-struction of structures damaged or destroyed by fire, ordinary maintenance, repairs, replacements which do not involve changes in design, material, color or outward appearance, and repainting in existing color require approval under a Certificate of Non-Applicability. This certificate is a way of ratifying that a Certificate of Appropriateness is not required for the work to be performed. This certificate, along with the pictures taken prior to the work commencing, protects a property owner from accusations that changes have been made without authorization. The Commission cannot deny an application for a Certificate of Non-Applicability if they have determined that the work proposed is non-visible from the public way or is for ordinary maintenance.

A property owner or a contractor cannot receive a building permit unless a Certificate has been issued. However, the Commission has no jurisdiction over the following: terraces, walks, driveway materials and sidewalks (provided that they are substantially at grade level), storm doors, storm windows, screens, window air conditioners, lighting fixtures attached to the building, antennae and similar appurtenances, interior work that does not affect the exterior in material, design or outward appearance, or landscaping. The Commission does have jurisdiction over barriers, such as railroad tie or brick walls, that are used in landscaping. The Commission also has jurisdiction over satellite dishes and the paint color of storm doors and windows.

If you have been cited by a City department and are ordered to make improvements to your property, remember that you still need Salem Historical Commission approval. For example, if you are ordered to add a railing or secondary egress, to undertake exterior deleading or to complete repairs to soffits, facia boards, windows, chimneys, roofing, gutters, downspouts or stairs, this work will require approval from the Commission. In most cases, this work is maintenance requiring only a Certificate of Non-Applicability which can be issued within a few days. However, for alterations (such as increasing the height of a railing), the design of the work you are under order to complete must first be approved under a Certificate of Appropriateness.