[HISTORY: Adopted by the Town Meeting of
the Town of Lexington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-14-1986 ATM by Art. 39]
This bylaw is enacted for the purpose of preserving and protecting
significant buildings within the Town, and to encourage owners of
such buildings to seek out persons who might be willing to purchase,
preserve, rehabilitate or restore such buildings rather than demolish
them. To achieve these purposes the Lexington Historical Commission
(the "Commission") is empowered to advise the Building Commissioner
with respect to the issuance of permits for demolition of significant
buildings. The issuance of demolition permits for significant buildings
is regulated as provided in this bylaw except those buildings which
are within Historic Districts or Neighborhood Conservation Districts
(as defined below).
Buildings which are within Historic Districts are subject to the bylaws and regulations of the Historic Districts Commission, including § 19-4 of this bylaw. Buildings which are in Neighborhood Conservation Districts are subject to the bylaws and regulations of the applicable Neighborhood Conservation District Commission.
As used in this article, the following terms
shall have the meanings indicated:
Any combination of materials forming a shelter for persons,
animals or property.
Except as otherwise provided in § 19-4, the Lexington Historical Commission.
[Amended 3-21-2016 ATM
by Art. 30]
Any act of substantially pulling down, destroying, removing
or razing a building or any portions thereof, or commencing the work
of total or substantial destruction with the intent of completing
the same. "Demolition" as used herein shall be deemed to include demolition
by neglect.
[Amended 4-11-2007 ATM by Art. 15]
A process of ongoing damage to the fabric, viability and/or
functionability of an unoccupied building 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 building 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.
[Added 4-11-2007 ATM by Art. 15]
Historic districts as defined in Chapter 447 of the Acts
of 1956, as amended.
[Added 3-21-2016 ATM
by Art. 30]
The Historic Districts Commission established pursuant to
Chapter 447 of the Acts of 1956, as amended.
[Added 3-21-2016 ATM
by Art. 30]
Each Neighborhood Conservation Districts Commission established pursuant to Chapter 78 of the Lexington Code, as amended.
[Added 3-28-2018 ATM
by Art. 44]
Neighborhood Conservation Districts as defined in Chapter 78 of the Code of Lexington.
[Added 3-28-2018 ATM
by Art. 44]
Except as otherwise provided in § 19-4, any building or portion thereof not within an Historic District or Neighborhood Conservation District but which:
[Amended 3-21-2016 ATM
by Art. 30; 3-28-2018 ATM by Art.
44]
Is listed on, or is within an area listed on,
the National Register of Historic Places, or is the subject of a pending
application for listing on said National Register; or
Is included in the Cultural Resources Inventory
prepared by the Commission including those buildings listed for which
complete surveys may be pending; or
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 a building and
the Building Commissioner have been notified, in hand or by certified
mail, within 10 days of such vote.
A.
Upon receipt of an application for a demolition permit
for a significant building the Building Commissioner shall forward
a copy thereof to the Commission. No demolition permit shall be issued
at that time.
B.
The Commission shall fix a reasonable time for the
hearing on any application and shall give public notice thereof by
publishing notice of the time, place, and purpose of the hearing in
a local newspaper at least 14 days before said hearing and also, within
seven days of said hearing, mail a copy of said notice to the applicant,
to the owners of all property deemed by the Commission to be affected
thereby as they appear on the most recent local tax list, to the Historic
Districts Commission and to such other persons as the Commission shall
deem entitled to notice.
[Amended 3-28-2018 ATM
by Art. 44]
C.
If, after such hearing, the Commission determines
that the demolition of the significant building would not be detrimental
to the historical or architectural heritage or resources of the Town,
the Commission shall so notify the Building Commissioner within 10
days of such determination. Upon receipt of such notification, or
after the expiration of 15 days from the date of the conduct of the
hearing if he has not received notification from the Commission, the
Building Commissioner may, subject to the requirements of the State
Building Code and any other applicable laws, bylaws, rules and regulations,
issue the demolition permit.
D.
If the Commission determines that the demolition of
the significant building would be detrimental to the historical or
architectural heritage or resources of the Town, such building shall
be considered a preferably-preserved significant building.
E.
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 so advise the applicant and the Building Commissioner, and no demolition permit may be issued until any one of the conditions in § 19-3F is met.
[Amended 4-11-2007 ATM by Art. 15]
F.
The Building Commissioner may issue a demolition permit
for a preferably-preserved significant building at any time after:
[Amended 4-11-2007 ATM by Art. 15]
(1)
He receives written notice from the Commission that
it 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; or
(2)
He receives written notice from the Commission that
it 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;
or
(3)
A period of 21 months shall have elapsed since the
date of the Commission's determination that the significant building
which is the subject of the application for a demolition permit is
a preferably-preserved building, provided that if the requested demolition
permit is for a lot which has received site plan approval, a special
permit or a building permit for the creation of multifamily housing
or inclusionary dwelling units as defined in Section 135-10.1, said
period shall be reduced to 12 months.
[Amended 3-22-2023 ATM by Art. 25]
[Added 4-11-2007 ATM by Art. 15[1]; amended 3-21-2016 ATM by Art. 30]
A.
The term "Commission" as used in this § 19-4 shall mean the Lexington Historical Commission or, with respect to buildings within its jurisdiction, the Historic Districts Commission.
[Amended 3-28-2018 ATM
by Art. 44]
C.
If the Commission has reason to believe, through visual inspection
or other means, that a significant building may be undergoing demolition
by neglect, then the Commission shall notify the Building Commissioner
and the owner, and the Commission and the Building Commissioner shall
jointly hold a public hearing to i) confirm whether or not the building
is a significant building and ii) determine whether or not it is undergoing
demolition by neglect, which shall require the concurrence of the
Building Commissioner. In furtherance of determining its condition,
the Commission may, at any time, request an inspection of the building
by the Building Commissioner.
D.
If the Commission and the Building Commissioner both determine that
the building is undergoing demolition by neglect, the Commission and
the Building Commissioner shall attempt to negotiate a voluntary agreement
with the owner for appropriate and timely repairs sufficient to structurally
stabilize the building and/or prevent further deterioration.
E.
In the event that the Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the owner, for any reason, or that the owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner, then the Commission and the Building Commissioner may take such action as is permitted under § 19-5, including seeking a court order that specific repairs be undertaken to secure the building against the elements, vandals and vermin, to halt further deterioration, and to stabilize it structurally. The Commission may forbear from commencing an action in court for any reason.
F.
Upon completion of all repairs that have been agreed upon between
the owner and the Commission and the Building Commissioner or that
have been ordered by the Commission and the Building Commissioner,
or that have been ordered by the court, and upon certification by
the Building Commissioner that said repairs have been completed, the
Commission shall certify that the building is no longer undergoing
demolition by neglect.
[Amended 4-11-2007 ATM
by Art. 15; 3-21-2016 ATM by Art.
30]
A.
The Commission and the Building Commissioner are each authorized to institute any and all proceedings in law or equity as they deem necessary and appropriate to obtain compliance with the requirements of this bylaw, or to prevent a violation thereof. The Historic Districts Commission is, in addition, authorized to institute any such proceeding to obtain compliance with §§ 19-4 and 19-5B and 19-5C of this bylaw.
B.
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 two years after the date of the completion of such demolition or the date by which the Commission or the Historic Districts Commission, as applicable, and the Building Commissioner both have determined that a building is undergoing demolition by neglect, whichever date is later, except pursuant to the issuance of a building permit pursuant to an agreement reached under § 19-4D herein, or as otherwise agreed to by the Commission or Historic Districts Commission, as applicable. As used herein "premises" includes the parcel of land upon which the demolished significant building was located.
C.
Upon a determination by the Commission or the Historic Districts Commission, as applicable, that a building is a preferably 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 cause shall be considered voluntary demolition for the purposes of Subsection B of this section.
[Added 4-11-2007 ATM by Art. 15]
Notwithstanding any other provision of this
bylaw, nothing herein shall be construed to prevent the demolition
of any structure or portion thereof which the Building Commissioner
shall certify is required by the public safety because of an unsafe
or dangerous condition.
If any section, paragraph or part of this bylaw
be for any reason declared invalid or unconstitutional by any court,
every other section, paragraph and part shall continue in full force
and effect.
[Added 3-27-2013 ATM
by Art. 31]
Prior to inclusion of a building or portion thereof in the Cultural
Resources Inventory, the Commission shall provide advance written
notice of no less than 21 (twenty-one) days, sent to the address of
the owner of record of said property, as maintained in the Assessor’s
office. Said notice shall include the date of the meeting at which
the Commission will deliberate on inclusion of said building in the
Cultural Resources Inventory.
