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BYLAW:
DEMOLITION DELAY 2
Download a .Word file of this Bylaw
MUNICIPALITY: Chatham, MA
DATE ADOPTED: 1997
FOR MORE INFORMATION ON THIS BYLAW CONTACT:
Chatham Department
of Community Development
261 George Ryder Road
Chatham, MA 02633
(508)945-5168
TEXT OF THE BYLAW
CHAPTER 19 -- DEMOLITION DELAY
Sec.
19001. Intent and purpose
19003. Definition of terms
19005. Procedure
19007. Alternatives to demolition
19009. Expiration of demolition delay
190010. Expiration of findings
19011. Emergency demolition
19013. Enforcement and remedies
History: The May, 1997 ATM adopted Article 11, a rewrite of General Bylaws. Approved by Attorney General September 10, 1997.
Amended May 12, 2003 ATM, Article 23 - § 19005. Procedure, Subsection (d) (1). Approved by Attorney General August 26, 2003.
Amended May 12, 2003 ATM, Article 24 - Added §1 90010. Expiration of Findings. Portions of Article 24 approved by Attorney General August 26, 2003.
Amended May 12, 2003 ATM, Article 25 - §1 9005. Procedure, Subsection (b) (1). Approved by Attorney General August 26, 2003.
§ 19001. Intent and purpose
It is the intent and purpose of this chapter to preserve and protect from demolition, whenever possible, historically significant buildings or structures; to encourage owners of such buildings or structures to explore and develop alternatives to such demolition; and thereby to preserve the historic resources of the town, make the town a more attractive and desirable place in which to live, and so promote the general welfare.
§ 19003. Definition of terms
The following terms, for the purposes of this chapter of these bylaws shall, unless another meaning is clearly apparent for the way in which the word is used, have the following meanings:
(1) "building or structure" means any combination of materials forming a shelter or site for persons, property, or animals.
(2) "building commissioner" means the person occupying the office of commissioner of buildings or otherwise authorized to issue demolition permits.
(3) "commission" means the Chatham historical commission.
(4) "demolition" means the act of pulling down, destroying, removing, or razing a building or structure, in whole or in part (including the demolition of exterior walls or roof), or commencing such work with the intent of completing the same, all as determined by the building commissioner; provided, however, that the term "demolition" shall not include the ordinary maintenance or repair or an addition to any building or structure.
(5) "historic district" means any historic district that may from time to time be established by federal, state, or local law, excluding the town historic business district.
(6) "historically significant building or structure" means any building or structure located within the town which is, in whole or in part, seventy-five (75) years old or more, and -
(A) which is listed on or is within an area listed on the National or State Register of Historic Places or is the subject of a pending application for such listing or,
(B) which is located within any historic district or,
(C) which is or has been designated by the Chatham historical commission to be a historically significant building or structure, following a finding by the commission that such building or structure:
(i) is associated with one or more historical persons or events, or with the cultural, economic, social or political history of the Town or Commonwealth; or
(ii) possesses architectural value or significance in terms of period, style, method of construction, or association with an historically prominent architect or builder, either by itself or in conjunction with a group of buildings or structures.
(7) "town" means any part of the Town of Chatham, excluding the area contained within the town historic business district established pursuant to Massachusetts General Laws, Chapter 641, of the Acts of 1985.
§ 19005. Procedure
(a) (1) Before any building or structure whose age is seventy-five (75) years or more is the subject of demolition, a Notice of Intent to Demolish shall first be filed by the applicant and/or owner with the commission, and a copy of such notice shall promptly be forwarded by the commission to the building commissioner.
(2) The said notice shall be in the form provided and established by the commission and shall include a copy of the demolition plan, a description of the building or structure to be demolished, the reasons for the demolition and the proposed reuse of the property.
(3) If the applicant and/or owner is unable to specify the exact age of the building or structure, the notice shall so state and shall set forth the most approximate age known and the basis for such approximation.
(b) (1) Within sixty-five (65) days of the date of filing of the Notice of Intent to Demolish, the commission shall hold a public hearing to --
(A) Determine if the subject building or structure is historically significant.
(B) Determine, if less than a complete demolition is proposed, whether the work to be done will materially diminish its historical significance.
(C) Explore alternatives to demolition.
(2) Notice of the time, place and subject matter of the hearing shall be mailed to the applicant and/or owner and given by publication in a newspaper of general circulation in the town once each week for two (2) successive weeks, the first notice to appear at least fourteen (14) days before the day of the hearing (including the day of publication and excluding the day of the hearing).
(c) (1) If after such hearing, and not later than fourteen (14) days therefrom, the commission determines by written finding that the building or structure is not historically significant, or where less than a complete demolition is being proposed that the work to be done will not materially diminish its historical significance, then it shall promptly notify the applicant and/or owner of its determination and file a copy thereof with the building commissioner who may thereafter proceed with the proposed demolition in accordance with applicable law.
(2) The failure of the commission to issue its written determination within fourteen (14) days after such hearing shall be deemed to constitute a determination that the building or structure is not historically significant.
(d) (1) If after such hearing and within fourteen (14) days therefrom, the commission determines by written finding that the building or structure is historically significant and that the proposed work would materially diminish its historical significance, then the commission is hereby empowered to impose a demolition delay of up to three hundred and sixty five (365) days from the date of such determination.
(2) Written notice of its determination and the period of delay imposed shall be mailed promptly to the applicant and/or owner, and a copy thereof shall be furnished to the building commissioner who shall not issue a demolition permit during the period specified therein; provided, however, that such permit may be issued prior to the end of such period if the commission notifies the building commissioner that the applicant and/or owner (A) has made a bona fide, reasonable and unsuccessful effort to locate a purchaser for the building or structure who has agreed to preserve, rehabilitate, restore or relocate same, or (B) has agreed to alternatives to demolition as set forth in section 19007.
§ 19007. Alternatives to demolition
(a) (1) If the commission imposes a demolition delay as set forth in section 19005(d) and/or if alternatives to demolition are developed in the public hearing which are acceptable to the applicant and/or owner, then the commission is hereby empowered, in its discretion, to enter into an agreement with such applicant and/or owner providing for such alternatives and a time period for implementation of same.
(2) A copy of said agreement shall be filed with the building commissioner and any other applicable town agency, and thereafter no work shall be done on the building or structure except in accordance with the terms of said agreement unless and until a new Notice of Intent is filed and processed hereunder.
§ 19009. Expiration of demolition delay
At the end of any period of demolition delay as set forth in this chapter, including any alternatives agreed upon pursuant to section 19007, the commission shall notify the building commissioner that the period of delay has expired, and the applicant and/or owner shall be entitled to apply for all necessary demolition permits to allow the work to go forward as set forth in the Notice of Intent to Demolish, and pursuant to applicable law.
§ 190010. Expiration of Findings
(a) All determinations by written finding made by the Historical Commission pursuant to sections 19005. (c) (1) and 19005. (d) (1) & (2) above shall expire 2 (two) years from the date of the written finding if the work authorized has not commenced.
§ 19011. Emergency demolition
(a) Nothing in this chapter shall restrict or prevent the building commissioner from ordering the immediate demolition of any building or structure which is determined to be imminently dangerous or unsafe to the public.
(b) The building commissioner shall file a copy of any such order of emergency demolition with the commission.
§ 19013. Enforcement and remedies
(a) The building commissioner and/or the commission shall be authorized to enforce the provisions of this chapter and to institute any and all actions and proceedings as may be necessary and appropriate to obtain compliance with same, including injunctive relief to enjoin and restrain any violations or threatened violations thereof.
(b) No building permit shall be issued or be valid for a period of up to two (2) years after completion of such demolition with respect to any parcel or premises upon which a historically significant building or structure has been demolished by an intentional or grossly negligent violation of this chapter.
(c) The remedies and enforcement procedures set forth in this section (19013) may be applied separately or in conjunction with one another, at the discretion of the building commissioner and/or the commission.
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