[HISTORY: Adopted May 1997 ATM by Art. 11
as Ch. 19 of the 1997 Bylaws. Amendments noted where applicable.]
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.
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:
Means the person occupying the office of Commissioner of
Buildings or otherwise authorized to issue demolition permits.
Means any combination of materials forming a shelter or site
for persons, property, or animals.
Means the Chatham Historical Commission.
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), so as to cause the loss of historically
significant materials, or commencing such work with the intent of
completing the same, including the removal of historically significant
materials in connection with an addition; provided, however, that
the term "demolition" shall not include the ordinary maintenance or
repair to any building or structure."
[Amended 5-9-2016 ATM by Art. 47]
Means any building or structure located within the Town which
is, in whole or in part, 75 years old or more, and:
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
Which is located within any historic district;
or
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:
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
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.
Means exterior or structural materials more than 75 years old and which have been determined by the Commission to meet one or more of the three conditions (Subsection A or B or C) set forth in § 158-2, Definitions, under "historically significant building or structure.
[Added 5-9-2016 ATM by Art. 47]
Means any historic district that may from time to time be
established by federal, state, or local law, excluding the Town Historic
Business District.
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.
A.
Before any building or structure whose age is 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.
(1)
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.
(2)
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.
Hearing.
(1)
Within 65 days of the date of filing of the notice
of intent to demolish, the Commission shall hold a public hearing
to:
[Amended 5-12-2003 ATM by Art. 25]
(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 successive weeks, the first notice to appear at
least 14 days before the day of the hearing (including the day of
publication and excluding the day of the hearing).
C.
If after such hearing, and not later than 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. Each such determination shall not run with the land and shall
not be transferrable from the current applicant/owner to a successor
in interest or subsequent owner. The failure of the Commission to
issue its written determination within 14 days after such hearing
shall be deemed to constitute a determination that the building or
structure is not historically significant.
[Amended 5-13-2019 ATM
by Art. 5]
D.
Demolition delay.
(1)
If after such hearing and within 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 540 days
from the date of such determination. Each such determination shall
not run with the land and shall not be transferrable from the current
applicant/owner to a successor in interest or subsequent owner.
[Amended 5-12-2003 ATM by Art. 23; 5-14-2007
ATM by Art. 30; 5-13-2019 ATM
by Art. 5]
(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.
If the Commission imposes a demolition delay as set forth in § 158-3D 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.
B.
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.
At the end of any period of demolition delay as set forth in this chapter, including any alternatives agreed upon pursuant to § 158-4, 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.
[Amended 5-12-2003 ATM by Art. 24]
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.
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 years after completion of such demolition with
respect to any parcel or premises upon which an historically significant
building or structure has been demolished by an intentional or grossly
negligent violation of this chapter.
