[Adopted 11-5-1988, approved 1-6-1989; amended
12-1-1994 by Order No. 95-061 (Art. XLIX of Ch. III of the General
Ordinances as updated through 7-7-2003)]
This article is enacted to promote the public
welfare and safeguard the Town's historical, cultural and architectural
heritage by protecting historical resources that make the Town a more
interesting, attractive and desirable place in which to live. This
article aims to protect and preserve historic properties within the
Town by encouraging their owners to seek alternatives to their demolition
and by providing the Town an opportunity to work with owners of historic
properties in identifying alternatives to their demolition.
As used in this article, the following words
and terms, unless the context required otherwise, shall have the following
meanings:
Any combination of materials forming a shelter for persons,
animals or property.
The Barnstable Historical Commission.
Any act of destroying, eliminating, pulling down, razing
or removing a building or any portion thereof, or starting the work
of any such act with the intention of completing the same.
Any natural person, firm, partnership, association or corporation.
Any building or portion thereof, which is not within a regional historic district or a local historic district subject to regulation under provisions MGL c. 40C but which has been listed or is the subject of a pending application for listing on the National Register of Historic Places, or has been listed on the Massachusetts Register of Historic Places, or is over 75 years of age and which is determined by the Commission to be a significant building as provided by § 112-3D of this article, either because:
It 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
It is historically or architecturally important
(in terms of period, style, method of building construction, or association
with a famous architect or builder) either by itself or in the context
of a group of buildings.
Any significant building as to which the Commission determines, as provided in § 112-3G of this article, that it is in the public interest to be preserved or rehabilitated rather than to be demolished.
[Amended 1-3-2013 by Order No. 2013-057]
A.
No permit for the demolition of a building which is a significant building as defined in § 112-2 herein shall be issued other than in conformity with the provisions of this article as well as in conformity with the provisions of other laws applicable to the demolition of buildings and the issuance of permits therefore generally.
B.
Any person who intends to file an application for a permit to demolish a building which (1) Has been listed or is the subject of a pending application for listing in the National Register of Historic Places or is listed in the Massachusetts Register of Historic Places; or (2) Is over 75 years of age shall first file a notice of intent to demolish a significant building with the Town Clerk, and in addition, shall complete the review process established in § 112-3A through I herein. The Town Clerk shall forthwith transmit copies of each duly filed notice of intent to the Commission and the Building Commissioner. At the time of filing an application or request, the applicant shall pay a filing fee to be determined annually by the Town Manager to cover costs and expenses associated with this article.
C.
The Commission shall prepare and have available for distribution
a notice of intent to demolish a significant building, which shall
contain at least the following information:
(1)
The applicant's name, address, if different in such property;
(2)
The owner's name and address, if different from that of the
applicant's;
(3)
The address or location of such property;
(4)
Assessor's map and parcel number;
(5)
A brief description of such property; and
(6)
An explanation of the proposed use to be made of the site of such
property.
D.
Where an applicant has filed a notice of intent to demolish a building that is over 75 years of age which neither has been listed nor is the subject of a pending application for listing on the National Register of Historic Places nor has been listed on the Massachusetts Register of Historic Places, the Commission Chair or Chair's designee, in consultation with the Planning and Development Department Staff, shall, within 21 business days of the filing of the notice of intent, file with the Town Clerk an initial determination, in writing, as to whether or not the building is a significant building in accordance with any criterion set forth in § 112-2, definition of "significant building," Subsections A and B. A determination that a building is not a significant building shall be transmitted by the Commission to the applicant, to the Building Commissioner and to the Town Clerk, and the applicant shall not be required to take any further steps prior to filing for a demolition permit. This determination shall be in effect for 24 months from the date of determination filing with the Town Clerk. After 24 months have elapsed, a new determination shall be required.
[Amended 5-4-2017 by Order
No. 2017-142]
E.
The Commission, unless the building is not significant, shall hold
a public hearing on each such notice of intent within 65 days after
the date the notice intent is filed with the Town Clerk, and shall
give notice thereof by publishing the date, time, place and purpose
of the hearing in a local newspaper at least 14 days before such hearing,
and also within seven days of said hearing, mailing a copy of said
notice to the applicant and to all property owners within 300 feet
of the subject property's boundaries. The Commission may require
the applicant to post the Commission's notice form on the subject
building and/or property. This form shall be visible from the nearest
public way. Within 21 days from the close of the public hearing, the
Commission shall file a written determination with the Town Clerk
as to whether the demolition proposed will be detrimental to the historical,
cultural or architectural heritage or resources of the Town of Barnstable.
F.
If after such hearing the Commission determined that the demolition
of the significant building would not be detrimental to the historical,
cultural or architectural heritage or resources of the Town, the Commission
shall so notify the applicant, the Building Commissioner and the Town
Clerk. Upon receipt of such notification, the Building Commissioner
may, subject to the requirements of the State Building Code and any
other applicable laws, ordinances, rules and regulations, issue the
demolition permit.
G.
If the Commission determines that the demolition of the significant
building would be detrimental to the historical, cultural or architectural
heritage or resources of the Town, such building shall be considered
a preferably preserved significant building.
H.
Upon a determination by the Commission that the significant building,
which is the subject of the application for a demolition permit, is
a preferably preserved significant building, the Commission shall
notify the applicant, the Building Commissioner, and the Town Clerk,
and no demolition permit may be issued until 18 months after the date
of such determination by the Commission is filed with the Town Clerk.
I.
Notwithstanding the preceding sentence, the Building Commissioner
may issue a demolition permit for a preferably preserved significant
building at any time after receipt of written advice from the Commission
to the effect that either:
(1)
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 and restore such building; or
(2)
The Commission is satisfied that the owner has made continuing, bona
fide and reasonable efforts to locate a purchaser to preserve, rehabilitate
and restore the subject building, and that such efforts have been
unsuccessful.
J.
The Commission's determination shall be in effect for 24 months
from the date of determination filing with the Town Clerk. After 24
months have elapsed, a new determination shall be required.
Nothing in this article shall restrict the Building
Commissioner from ordering the demolition of a significant building
determined by him to present a clear and present danger to the safety
of the public which only demolition can prevent.
A.
Whoever violates any provision of this article shall
be penalized by a fine of not more than $300. Each day any work continues
in violation hereof shall constitute a separate offense.
B.
The Commission and the Building Commissioner are each
authorized to institute any and all proceedings in law or equity as
they deem necessary to obtain compliance with the requirements of
this article or to prevent a violation thereof.
C.
No building permit shall be issued with respect to
any premises upon which a significant building has been voluntarily
demolished in violation of this article for a period of two years
after the date of the completion of such demolition. As used herein,
"premises" includes the parcel of land upon which the demolished significant
building was located and all adjoining parcels of land under common
ownership or control.
D.
Upon a determination by the Commission that a building is a preferable-preserved significant building, the owner shall be responsible for properly securing the building, if vacant, to the satisfaction of the Building Commissioner. Should the owner fail so to secure the building, the loss of such building through fire or other causes shall be considered voluntary demolition for the purposes of Subsection C.
If any section, paragraph or part of this article
be for any reason declared invalid or unconstitutional by any court,
every other section, paragraph and part shall continue in full force
and effect.
No provision of this article shall be construed
or applied so as to conflict with Massachusetts General Laws, Chapter
143. In the event of an apparent conflict, the provisions of General
Laws, Chapter 143, shall prevail.
