This bylaw is enacted for the purpose of preserving and protecting
significant structures within the Town which constitute or reflect
distinctive features of architectural, cultural, economic, political
or social history of the Town and to limit the detrimental effect
of demolition on the character of the Town. Through this bylaw, owners
of preferably preserved structures are encouraged to seek out alternative
options that will preserve, rehabilitate or restore such structures
and residents of the Town are alerted to impending demolitions of
significant structures. By preserving and protecting significant structures,
streetscapes and neighborhoods, this bylaw promotes the public welfare
by making the Town a more attractive and desirable place in which
to live and work. To achieve these purposes, the Lynnfield Historical
Commission is empowered to advise the Building Inspector with respect
to the issuance of permits for demolition of significant structures.
The issuance of demolition permits for significant structures is regulated
as provided in this bylaw.
As used in this bylaw, the following terms shall have the meanings
indicated:
APPLICANT
Any person who, or entity which, files an application for
a demolition permit. If the applicant is not the owner of the premises
upon which the structure is situated, the owner must indicate on or
with the application his/her assent to the filing of the application.
APPLICATION
An application for the demolition of a structure.
BUILDING INSPECTOR
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
BUSINESS DAY
A day which is not a legal municipal holiday, Saturday or
Sunday.
DEMOLITION
The act of pulling down, destroying, removing, dismantling
or razing a structure or commencing the work of total or substantial
destruction with the intent of completing the same.
DEMOLITION BY NEGLECT
A process of ongoing damage to the fabric, viability and/or
functionality of an unoccupied structure leading towards and/or causing
its eventual demolition due to decay and/or structural failure and/or
severe degradation over a period of time as a result of a general
lack of maintenance, and/or failure to secure the structure from pests
or vandals, and/or failure to take reasonable measures to prevent
the ingress of water, snow, ice, and wind through the roof, walls,
or apertures.
DEMOLITION PERMIT
The building permit issued by the Building Inspector for
the demolition of a structure, excluding a building permit issued
solely for the demolition of the interior of a structure.
SIGNIFICANT STRUCTURE
Any building or other structure, or portion thereof, which:
A.
Is listed on, or is within an area listed on, the National Register
of Historic Places, or is the subject of a pending application on
said National Register;
B.
Is included in any historical or architectural inventory maintained
by the Commission; or
C.
Has been determined by vote of the Commission to be historically
or architecturally significant in terms of period, style, method of
building construction, or association with a famous architect or builder,
provided that the owner of such building or structure and the Building
Inspector have been notified, in hand or by certified mail, within
10 days following such vote.
STRUCTURE
Materials assembled at a fixed location to give support or
shelter, such as a building, framework, wall, reviewing stand, platform
or the like.
Nothing in this bylaw shall be construed to prevent the demolition
of any structure or portion thereof which the Building Inspector shall
certify is required by public safety because of an unsafe or dangerous
condition. However, the Building Inspector shall endeavor to notify
the Commission of his intention to cause or permit such demolition
as early as possible.
In case any section, paragraph or part of this bylaw should
be for any reason declared invalid or unconstitutional by any court
of competent jurisdiction, every other section, paragraph and part
shall continue in full force and effect.