[HISTORY: Adopted by the Town of Amesbury
as Art. 40 of the 1990 Bylaws; amended in its entirety 10-30-2006 by Bill No. 2006-076. Subsequent amendments noted
where applicable.]
This chapter is adopted for the purpose of preserving
and protecting significant buildings or structures within the City
which constitute or reflect distinctive features of the architectural,
cultural, political, economic or social history of the City; to resist
and restrain environmental influences adverse to this purpose; to
encourage owners of preferably preserved significant buildings or
structures to seek out persons who might be willing to purchase and
to preserve, rehabilitate, or restore such buildings or structures
rather than demolish them; and by furthering these purposes to promote
the public welfare, to preserve the resources of the City, and to
make the City a more attractive and desirable place in which to live.
To achieve these purposes, the Amesbury Historical Commission is empowered
to advise the Amesbury Building Commissioner with respect to the issuance
of permits for demolition, and the issuance of demolition permits
for significant buildings and structures is regulated as provided
in this chapter.
The following terms, when used, whether or not
capitalized, in this chapter, shall have the meanings set forth below,
unless the context otherwise requires:
An application for a permit for the demolition of a building
or structure.
A combination of any materials having a roof and enclosed
within exterior walls or fire walls built to form a structure for
the shelter of persons, animals or property.
The person occupying the office of Building Commissioner
or otherwise authorized to issue demolition permits.[1]
The Amesbury Historical Commission.
The Chairman of the Commission, the person performing the
functions of the Chairman in the event that there is no person with
the title of Chairman as such, or any other person regularly providing
staff services for the Commission to whom the Commission has delegated
authority to act as Commission staff under this chapter.
The act of pulling down, destroying, removing, or razing
a building or structure or commencing the work of total or substantial
destruction with the intent of completing the same. "Demolition" also
includes any of the following actions when visible from a public way:
removal of a roof or removal of one or more sides of a building or
structure. "Demolition" does not include the removal of a roof or
one or more sides of a building or structure if it is to be replaced
in kind, subject to all other applicable codes and regulations.
Any determination contemplated in § 225-3 of this chapter made by the Commission or the Commission staff.
Those services/utilities which have been in place in a building,
including but not limited to electric, gas, water, sprinkler systems,
fire alarm, smoke alarm, and fire panel.
Any building or structure within the City which is in whole
or in part 75 or more years old and one or more of the following:
Which is within any historic district;
Which is listed on or is within an area listed
on the National Register of Historic Places or which is the subject
of a pending application for listing on said National Register;
Which is or has been designated by the Commission
to be a significant building or structure which either is:
Importantly associated with one or more historic
persons or events or with the broad architectural, cultural, political,
economic, or social history of the City or the commonwealth; or
Historically or architecturally significant
(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; or
Which is included in Amesbury's Comprehensive
Historic Resource Inventory.
Any existing or pending National Register district or local
historic district that may from time to time have been established
by ordinance.[2]
A permit issued by the Building Commissioner for demolition
of a building or structure pursuant to an application therefor.
Any significant building or structure which the Commission determines, as provided in § 225-3 of this chapter, is in the public interest to be preserved or rehabilitated rather than to be demolished.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, trestle, tower,
framework, retaining wall, or the like.
A.
Demolition permit application. The Building Commissioner
shall forward a copy of each demolition permit application for a building
or structure that is more than 75 years old to the Commission within
five business days of the filing of such application. A request for
demolition of a building must be submitted to, received and approved
by the Commission before any essential services to said building may
be discontinued and/or shut off.
B.
Determination as to historical significance. Within
60 days from its receipt of a demolition permit application, the Commission
shall determine whether the building or structure is historically
significant. The applicant for the permit shall be entitled to make
a presentation to the Commission if he or she so chooses. If the Commission
determines that the building or structure is not historically significant,
the Commission shall so notify the Building Commissioner in writing
and the Building Commissioner may issue a demolition permit. If the
Commission determines that the building or structure is historically
significant, the Commission shall notify the Building Commissioner
in writing that a demolition review must be made prior to the issuance
of any demolition permit. If the Commission fails to notify the Building
Commissioner of its determination within 60 days of its receipt of
the application, then the building or structure shall be deemed not
historically significant and the Building Commissioner may issue a
demolition permit.
C.
Demolition review package.
(1)
Demolition review package requirements. Not more than
60 days after the Commission's determination that a building or structure
is historically significant, the applicant for the permit shall submit
to the Commission 10 copies of a demolition review package which shall
include all the following information:
(a)
A map to scale showing the location of the building
or structure to be demolished on its property, including the footprint
of that building or structure and property boundaries (e.g., Assessors'
Map).
(b)
Photographs, four inches by six inches or larger,
of all sides of the exterior of the building or structure. Surrounding
areas and any deterioration should also be documented via photographs.
(c)
A description of the building or structure,
or part thereof, to be demolished to the extent known by the applicant.
This may include information on the period, architectural style, method
of building construction, association with a reputed architect or
builder, or important associations with one or more historic persons
or events or with the broad architectural, cultural, political, economic
or social history of the City or the Commonwealth of Massachusetts.
(d)
The reason for the proposed demolition and data
supporting said reason, including where applicable data sufficient
to establish any economic justification for demolition.
(e)
A brief description of the proposed reuse of
the property on which the building or structure to be demolished is
located.
(f)
Plans for site improvements and, if a new structure
is being planned, preliminary plans and elevations of the new structure.
(2)
Public hearing and public notice. Upon receipt of the demolition review package referenced in Subsection C(1), the Commission shall fix a reasonable time for a public hearing on the application within 65 days from receipt of the demolition review package. At least 28 days before said hearing, the Commission shall give notice thereof to the applicant in writing, including the time, place and purpose of the hearing.
(a)
Notification of abutters. Not less than 14 days
prior to said hearing, the applicant shall send a copy of said notice
by certified mail to the owners of all abutting property at their
mailing addresses shown in the most recent applicable tax list of
the Assessors, including owners of land directly opposite on any public
or private street or way, and abutters to the abutters within 300
feet of the property line of the applicant, including any in another
municipality or across a body of water, and to such other persons
as the Commission shall deem entitled to notice.
(b)
Publication of notice.
[1]
The applicant shall provide said notice to a
newspaper of general circulation in the municipality, to be published
as a legal notice at least 14 days and again seven days prior to public
hearing.
[2]
Certified mail receipts and newspaper tear sheet
including date of publication shall be turned in to the Commission
by the applicant prior to the opening of the public hearing.
[3]
All costs associated with publication of legal
notice and required mailings shall be the responsibility of the applicant.
Failure to comply with any of the above will result in a delay of
the public hearing.
(3)
Time line for determination. The Commission shall
have 90 days from the opening of public hearing to make its decision.
During this period, the Commission may request comment from other
City boards, committees, or individuals as appropriate. The Commission
shall file, within 15 days from the close of said public hearing,
a written report with the Building Commissioner which shall include
the following:
(4)
Finding of building or structure to be preferably preserved. If the building or structure is determined to be preferably preserved following the demolition plan review, then the Building Commissioner shall not issue a demolition plan permit for a period of 18 months from the date the Commission's report is filed with the Building Commissioner unless the Commission informs the Building Commissioner prior to the expiration of such eighteen-month period that the Commission is satisfied that the applicant for the demolition permit has made a bona fide, reasonable and unsuccessful effort to locate a purchaser for the building or structure who is willing to preserve, rehabilitate or restore the building or structure or has agreed to accept a demolition permit on specified conditions approved by the Commission. If no such agreement has been made, after the eighteen-month period has passed the demolition permit shall be issued, provided that all plans for proposed use of the site after demolition have been found to comply with applicable laws and all permits and approvals for the development have been obtained. Notwithstanding the foregoing language contained in this Subsection C(4), if the demolition involves the removal of a roof or one or more sides of a building or structure, not to be replaced in kind, the maximum length of the demolition delay shall not exceed a period of 12 months from the date that the applicant has submitted an application for a permit for such demolition.
The demolition permit shall expire after 24
months of being issued. This means that once the above conditions
have been satisfied, the owner of the property has 24 months to demolish
the building or structure. If the building or structure is not taken
down in that period, the owner shall submit a new demolition permit
application for Commission review.
If a building or structure poses an immediate
threat to public health or safety due to its deteriorated condition,
the owner of such building or structure may request issuance of an
emergency demolition permit from the Building Commissioner. As soon
as practicable after receipt of such request, the Building Commissioner
shall arrange to have the property inspected by a board consisting
of himself or his designee, the City Engineer or his designee, the
Chairman of the Commission or his designee, and one disinterested
person chosen by the Building Commissioner. After inspection of the
building or structure and consultation with the other members of the
board, the Building Commissioner shall determine whether the condition
of the building or structure represents a serious and imminent threat
to public health and safety and whether there is any reasonable alternative
to the immediate demolition of the building or structure which would
protect public health and safety. If the Building Commissioner finds
that the condition of the building or structure poses a serious and
imminent threat to public health and safety and that there is no reasonable
alternative to the immediate demolition of the building or structure,
then the Building Commissioner may issue an emergency demolition permit
to the owner of the building or structure. Whenever the Building Commissioner
issues an emergency demolition permit, he shall prepare a written
report describing the condition of the building or structure and the
basis of his decision to issue an emergency demolition permit. A copy
of this written report shall be filed with the Commission.
A.
Enforcement. The Commission and Building Commissioner
are each specifically authorized to institute all actions and proceedings,
in law or in equity, as they may deem necessary and appropriate to
obtain compliance with the requirements of this chapter or to prevent
a threatened violation thereof.
B.
Building permit to be withheld. No building permit
shall be issued with respect to any premises upon which a building
or structure that is included in Amesbury's Comprehensive Historic
Resource Inventory or is 75 years or more old has been voluntarily
demolished otherwise than pursuant to a demolition permit granted
after compliance with the provisions of this chapter for a period
of two years after the date of the completion of such demolition.
As used herein "premises" refers to the parcel of land upon which
the demolished building or structure was located and all adjoining
parcels of land under common ownership or control.
