[HISTORY: Adopted by the Town of Ashland 10-17-2001 ATM by Art.
21. Amendments noted where applicable.]
[Amended 11-16-2022 STM by Art. 3]
The intent of the by-law is not necessarily to permanently prevent
demolition, but rather, to provide an opportunity to develop preservation
solutions, and to allow time to explore economic opportunities which
may allow for preservation for properties threatened with demolition.
The by-law is intended to encourage owners to seek out persons who
might be willing to purchase, preserve, rehabilitate or restore such
buildings rather than demolish them, and to limit the detrimental
effect of demolition on the historical architectural resources of
the Town- To achieve these purposes, the Ashland Historical Commission
is authorized to advise the Inspector of Buildings with respect to
the issuance of permits for the demolition of significant buildings.
The issuance of demolition permits of significant buildings is regulated
as provided by this bylaw.
[Amended 5-2-2012 ATM, Art. 17; 11-16-2022 STM by Art. 3]
1.Â
No permit for the demolition of a building which, in whole or in
part that is 70 or more years old shall be issued other than in conformity
with the provisions of this bylaw, as well as in conformity with the
provisions of other laws and bylaws applicable to the demolition of
buildings and the issuance of permits generally.
2.Â
Application Contents - Every application for a demolition permit
for a building that is 70 or more years old shall be filed with the
Inspector of Buildings and shall contain the following information:
a.Â
The address of the building to be demolished;
b.Â
The owner's name, address and telephone number;
c.Â
A brief description of the type of building and the condition requiring
the issuance of the permit;
d.Â
The date of the building as established by the Board of Assessors,
deed or documentation verifying the year of construction; and,
e.Â
A brief description of the proposed reuse, reconstruction or replacement
on the premises upon which the building is located.
3.Â
Within seven Business Days from receipt of an application for a demolition
permit for a building that is 70 or more years old the Inspector of
Buildings shall forward a copy to the Commission. No demolition permit
shall be issued during this time.
4.Â
Within 25 Business Days after receipt of the application for a demolition
permit by the Commission, the Commission shall make a Determination
of Architectural and/or Historical Significance. Upon determination
by the Commission that the building is not architecturally and/or
historically significant, the Commission shall notify the Inspector
of Buildings in writing. Upon receipt of such notification, or after
the expiration of 25 Business Days from the date of submission to
the Commission without such notification being received from the Commission,
the Inspector of Buildings may issue the demolition permit.
5.Â
Upon determination by the Commission that the building is architecturally
and/or historically significant, the Inspector of Buildings and the
applicant shall be so notified in writing, and the demolition permit
shall not be issued. The Commission shall hold a public hearing within
25 Business Days of the Determination of Significance to determine
whether the building should be preferentially preserved. Public notice
of the time and place of the hearing shall be published by the Inspector
of Buildings at the expense of the applicant in a newspaper of general
circulation in the Town not less than seven calendar days before the
date of said hearing and shall be posted in a conspicuous place in
the Town Hall for a period of not less than seven calendar days before
the date of said hearing. The applicant shall provide any relevant
architectural plans, elevations, site plans, photographs, or materials
to assist the Commission in making its required determinations.
6.Â
If, after a public hearing, the Commission determines that the significant
building should not be preferentially preserved, the Commission shall
notify the Inspector of Buildings, in writing, within five Business
Days of the hearing and the Inspector of Buildings may issue a demolition
permit upon receipt of the written decision.
7.Â
If, after a public hearing, the Commission determines that the significant
building should be preferentially preserved, the Commission shall
so notify the Inspector of Buildings, in writing, within five Business
Days of the hearing, and no demolition permit may be issued until
twelve months after the date of the determination by the Commission.
8.Â
Notwithstanding anything contained in paragraph 7 above, the Inspector
of Buildings may issue a demolition permit for a preferably preserved
building at any time after receipt of written notification from the
Commission to the effect that either:
a.Â
The Commission is satisfied that there is no reasonable likelihood
that either the owner or some other person or group is willing to
purchase, preserve, rehabilitate or restore such building, and
b.Â
The Commission is satisfied that for at least twelve months the owner
has made continuing, bona fide and reasonable efforts to locate a
purchaser to preserve, rehabilitate or restore the subject building,
and that such efforts have been unsuccessful. For further clarity
continuing, bona fide and reasonable efforts shall be made to provide
the historic commission with a list of efforts the applicant intends
to make to fulfill this requirement within 30 days of being issued
a determination of twelve month demotion delay due to preferentially
preserved status. This list should include preferably five separate
planned attempts and must satisfy no less than three separate planned
attempts to show the applicant is looking for someone to purchase,
preserve, rehabilitate or restore such building. The applicant will
also be required to provide two written updates, one at four months
and one at 8 months, to the historic commission showing the status
of the reasonable efforts being fulfilled prior to the end of the
twelve month demolition delay period.
It shall be the responsibility of the owner
of record or the owner's designee to assist in the facilitation of
the above process by providing information, allowing access to the
property and securing the premises, for participating in the investigation
of preservation options and for actively cooperating in seeking alternatives
with the Commission and any interested parties.
Nothing in this bylaw shall restrict the Inspector
of Buildings from immediately ordering the immediate demolition of
any building in the event of imminent danger to the safety of the
public.
[Amended 11-16-2022 STM by Art. 3]
The Commission and/or the Inspector of Buildings
are each specifically authorized to institute any and all actions
and proceedings, in law or equity, as they may deem necessary and
appropriate to obtain compliance with the requirements of this bylaw
or to prevent any threatened violation thereof. No building permit
shall be issued with respect to any premises upon which a significant
building has been voluntarily demolished in violation of this bylaw
for a period of three years after the date of the completion of such
demolition. As used herein, "premises" refers to the parcel of land
upon which the demolished significant building was located and all
adjoining parcels of land under common ownership or control.
Nothing in this bylaw shall be deemed to conflict
with the provisions of the "Historic District Act" (MGL Chapter 40C).
If any of the provisions of this bylaw do so conflict, the Act shall
prevail.
In case any section, paragraph or part of this
bylaw is for any reason declared invalid or unconstitutional by any
court, every other section, paragraph and part shall continue in full
force and effect.
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Building shall mean any combination
of materials forming a shelter for persons, animals or property.
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Buisness Days shall mean all
calendar days Monday to Thursday, excluding all State and Federal
Holidays.
[Added 11-16-2022 STM by Art. 3] | ||
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Commission shall mean the Ashland
Historical Commission.
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Demolition shall mean any act
of pulling down, destroying, removing or razing a building or commencing
the work of total or substantial destruction with the intent of completing
the same.
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Demolition Permit shall mean
the permit issued by the Inspector of Buildings as required by the
State Building Code for a demolition, substantial demolition or removal
of a building.
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Historically or Architecturally Significant
Building shall mean any building, in whole or in part, which
is 70 or more years old, and:
[Amended 11-16-2022 STM by Art. 3] | ||
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a.
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which is listed on, or is a contributing building
within an area listed on the National Register of Historic Places,
or which is the subject of a pending application for such listing,
or is eligible for such listing; or,
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b.
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has been determined by vote of the Commission
to be a significant building after a finding by the Commission that
a building either
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i.
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is importantly associated with one or more historic
persons or events, or with the broad architectural, cultural, political,
economic or social history of the Town or the Commonwealth, or
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ii.
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is historically or architecturally significant
(in terms of period, style, method of building construction or association
with a recognized architect or builder) either by itself or in the
context of a group of buildings.
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Inspector of Buildings shall
mean the person occupying the office of Inspector of Buildings or
otherwise authorized to issue demolition permits.
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Preferentially Preserved shall
mean any historically or architecturally significant building which
the Commission determines to be in the public interest to be preserved
or rehabilitated rather than to be demolished.
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