Due to the distinct features of land use, architecture, history and property area of the Brown School property located at 40 Milk Street the Newburyport City Council finds it necessary to enact the Brown School Overlay District (BSOD) under M.G.L c. 40A § 5 for the following purposes:

1.

To preserve and enhance the former George W. Brown School, which was completed in 1925, and added onto in 1954, 1970 and 1975, on land that was had been acquired by eminent domain for municipal purposes;

2.

To protect the heritage of the city through preservation and adaptive reuse of this Beaux Arts historic structure, which is listed as contributory to the federal and state Newburyport Historic District, which was listed on the National Register of Historic Places and the State Register of Historic Places on August 2, 1984;

3.

To prevent adverse influences to this purpose;

4.

To foster appropriate use, scale, setbacks, height, design and density of this property and structures that is consistent and complementary to the overall neighborhood character;

6.

To encourage attractive and viable development project;

7.

To encourage affordable housing within an overall density that is generally consistent with the zoning ordinances, including the rezoning of this area from R-3 to R-2 in 2017, and the immediate neighborhood; and

8.

To protect the public park and playground uses to which the property was partially dedicated by order of the Newburyport City Council dated September 30, 2013, and signed by the mayor on October 16, 2013.

(Ord. of 10-15-19(2); Ord. of 4-22-25(3))

The BSOD is hereby established as an overlay district. The BSOD shall include the buildings and property situated on approximately fifty-four thousand ninety (54,090) S.F. of land comprising Assessor's Parcel ID Nos. 21-26 (forty-nine thousand one-hundred thirty five (49,135) S.F.) and 21-3 (four thousand nine hundred fifty five (4,955) S.F.), and commonly known as 42 Milk Street and 99-101 Prospect Street, as shown on the plan on file with the city clerk. These parcels are extraordinary and distinct due to its size, historic use pattern, and existing structures and merit an overlay district to handle these special considerations. Within the BSOD, the provisions of the underlying R-2 district shall remain in full force and effect except where a special permit is issued under X-H.7.

(Ord. of 10-15-19(2); Ord. of 4-22-25(3))

In addition to uses permitted in the underlying zoning district, multifamily residential use is permitted within the BOSD by special permit, as follows:

Maximum Residential Density: twenty nine (29) dwelling units.

Minimum Senior Affordable Units: one hundred (100) percent of all dwelling units.

Required off-street, on-site parking: No fewer than two (2) off-street, on-site spaces per dwelling unit of any size, whether market-rate or affordable, shall be provided for project residents, except that for senior affordable units the required off-street, on-site parking shall be 1.5 spaces for the first two (2) such units and one (1) space for all subsequent senior affordable units.

1.

For purposes of this section, "senior affordable unit" shall mean an affordable unit that both: (a) meets all of the requirements of section XXX (Inclusionary Affordable Housing) of this ordinance; and (b) that is deed-restricted for occupancy solely by people aged sixty-two (62) and older.

2.

In addition to the parking per unit required as shown above, one (1) off-street, on-site common space, must be provided for the purposes of guest and/or service parking. For the purposes of clarity, such on-site common space is to be provided for the entire project, not on a per unit basis.

3.

For the purposes of clarity, the necessity of off-street, on-site parking is the chief determinant of the appropriate intensity of development at the Brown School property. Therefore, parking requirements are not waivable or alterable under any circumstances, such as by variance under section X-H.6, nor may proponents provide mitigation (financial or otherwise) instead of adhering to the provisions on required parking prescribed by this overlay district.

4.

Except in the case of catastrophe or fire, the original 1920s schoolhouse structure shall be not be demolished or razed.

5.

Demolition of the one-story gym, kitchen, connecting hallways and locker room wing attached to the 1920s schoolhouse shall be permitted as-of-right. Additionally, demolition of the original 1920s boiler room shall be permitted as-of-right, provided however that the original chimney stack shall be protected and preserved.

Any such demolition scope described and authorized herein shall be exempt from all provisions of the Demolition Control Overlay District as defined in section XVIII.

Use of the remaining 1920s schoolhouse, including the 1975 infill addition facing Milk Street, may be permitted through a special permit granted by the planning board in accordance with this section XXXII.

During special permit review, and upon the request of the applicant, the planning board may waive or reduce the requirements of section XV entitled "site plan review", in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation(s) with the overall purpose and objectives of the BSOD, and with due consideration for the surrounding neighborhood and abutting properties.

6.

A specified area of the Brown School property shall be reserved for public park and playground uses under the meaning of General Laws Chapter 45, with such area being at least equal in size to the schoolyard located on the southeasterly portion of the Brown School site, including the mulched area for play equipment, the basketball court, and the so-called amphitheater, as it existed on September 30, 2013.

(Ord. of 10-15-19(2); Ord. of 4-22-25(3))

1.

Vertical additions to the original 1920s schoolhouse structure shall not be permitted.

2.

New or replacement structures shall not exceed thirty-five (35) feet in height measured pursuant to this ordinance, and shall be set back from all exterior lot lines by a distance of at least ten (10) feet.

3.

Screening and space buffers shall be required for any parking areas from abutting lots and public ways.

No screen shall be closer than ten (10) feet to a public way.

(Ord. of 10-15-19(2); Ord. of 4-22-25(3))

1.

Using the review procedures listed in section X-H.8., an applicant may request a special permit from the planning board pursuant to this section XXXII, including by submitting the following materials:

a.

A site plan, scale one (1) inch equals twenty (20) feet, of the existing conditions, including a dimensional footprint of all existing buildings, parking areas and driveways shall be shown;

b.

A plot plan, one (1) inch equals twenty (20) feet, of all proposed construction, parking and driveways, fence lines, landscaping, lighting, sidewalks, pathways and park areas;

c.

Exterior building elevations, including building and roof materials, cupolas, roof decks, height, colors and fenestration;

d.

A traffic and parking impacts study, which shall consider the surrounding system of public streets adjoining the Brown School property, the existing and projected future vehicular trip volumes, the number and location of proposed access points to public streets, and existing traffic controls and management measures.

2.

The planning board may approve such special permit application provided that all of the requirements of section X-H.7. and, also, the following criteria are met:

a.

The project complies with all provisions of this section XXXII;

b.

A deeded, perpetual preservation restriction approved by the city council and mayor, to be held by the city, acting by and through its historical commission, to ensure that any changes to the entire exterior of the original 1920s schoolhouse structure, conform to the United States "Secretary of the Interior's Standards for the Treatment of Properties With Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings," as they may be amended from time to time, including all related guidelines, bulletins and other official guidance promulgated by the National Park Service (Secretary's Standards).

c.

The city council and mayor have approved as to form a proposed, perpetual use restriction to be held by the city acting by and through its parks commission to reserve for public park and playground uses under the meaning of General Laws Chapter 45 an area of the Brown School property at least equal in size to the schoolyard located on its southeasterly portion of the Brown School site, including the mulched area for play equipment, the basketball court, and the so-called amphitheater, as it existed on September 30, 2013.

d.

The project is consistent in design, style, height, materials, scale, massing, setbacks and general character with the neighborhood and abutting properties.

(Ord. of 10-15-19(2); Ord. of 4-22-25(3))

The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

(Ord. of 10-15-19(2); Ord. of 4-22-25(3))