[HISTORY: Adopted 5-8-2000 Annual Town Meeting, Art. 27. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 164.
This Bylaw is enacted for the purpose of preserving and protecting
significant buildings within the Town of Orleans which reflect distinctive
features of the architectural, historical, and cultural heritage of
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 Orleans Historical Commission (the "Commission") is empowered
to advise the Building Commissioner with respect to the issuance of
permits for the demolition of significant buildings. The issuance
of demolition permits for significant buildings is regulated as provided
for in this Bylaw.
1.
Building — A structure forming
a shelter for persons, animals, property or an activity and having
a roof.
2.
Building Commissioner — The
person occupying the office of Building Commissioner or otherwise
authorized to issue demolition permits.
3.
Commission — Orleans Historical
Commission.
4.
Demolition — The act or process
of pulling down, destroying, removing or razing a building, or any
portion that results in a change in the footprint, or however, that
the term "demolition" shall not include the ordinary maintenance or
repair to any building or structure.
5.
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.
[Added 5-7-2012 ATM, Art. 28]
6.
Preferably-preserved Significant Building — Any
significant building which the Commission determines is in the public
interest to be preserved or rehabilitated rather than demolished.
7.
Significant Building — Any
building or portion thereof, which is not within a regional or local
historic district subject to regulation under the provisions of Massachusetts
General Law 40C or special act of Legislature, but which is included
in the historical property survey of the Town of Orleans and on file
with the Massachusetts Historical Commission, or
A)
The building was built in or prior to 1920, and
B)
Is listed in, or is within an area listed, in the National Register
of Historic Places, or the State Register of Historic Places, or is
the subject of a pending application for listing in said Registers,
or has previously been determined to be eligible for listing in the
National Register of Historic Places, or
C)
Has been previously determined by vote of the Commission to be:
1.
Historically or architecturally significant in, terms of period,
style, method of building construction, or association with a famous
architect or builder, or
2.
Is importantly associated with one or more historic persons or events,
or the broad architectural, political, economic or social history
of the Town or Commonwealth, provided that the owner of such a building
and the Building Commissioner have been notified, in hand or by certified
mail within ten (10) days of such Commission vote.
A)
No permit for the demolition of a "significant" building as defined
in Section 2.3 herein shall be issued other than in conformity with
the provisions of this Bylaw and the provisions of all other laws
applicable to the demolition of buildings and the issuance of permits
generally.
1)
Any person who intends to file an application for a permit to demolish
a "significant" building shall first file a "Notice of Intent to Demolish
a Significant Building" with the Building Commissioner. In addition,
the applicant shall complete the review process set forth in this
Section. In order to have standing to file a notice of intent an applicant
must have a present intent to demolish a significant building within
twelve months of the date of the notice of intent.
[Amended 5-7-2012 ATM, Art. 28]
2)
The Notice of Intent shall include the following:
a)
Name of applicant with address, telephone number and stated interest
in the property.
b)
Owner name, address and telephone number if different.
c)
A map showing the location of the building or structure to be demolished
on the property and with reference to neighboring properties.
d)
A description of the building or structure, or part thereof, to be
demolished including photographs.
e)
A statement of the reason for the proposed demolition and data supporting
said reason, including where applicable, data sufficient to establishing
any economic justification for demolition. Application shall include
a copy of the demolition plan and a proposed re-use of the property.
[Amended 5-7-2012 ATM, Art. 28]
B)
The Commission shall hold a public hearing on each such Notice of
Intent within 45 days after the date it is filed with the Building
Commissioner. The Commission shall give public notice thereof by publishing
twice a notice of the time, place and purpose of the hearing in a
local newspaper with the first notice being published at least fourteen
(14) days before said hearing. A copy of said notice shall be mailed
to the applicant, to the owners of all abutting property as they appear
on the most recent tax list, to the Building Commissioner, Planning
Board and Conservation Commission. Commission meetings shall be posted
and held in accordance with applicable state law, known as the "open
meeting law".
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 applicant and the Building Commissioner within
ten (10) days of such determination. Upon receipt of such notification,
or upon failure by the Commission to hold a public hearing within
forty-five (45) days of the day the "Notice of Intent" was filed with
the Building Commissioner or to make a decision within ten (10) days
following said hearing, the Building Commissioner may, subject to
the requirements of the State Building Code and any other applicable
laws, rules and regulations, issue the demolition permit.
D)
If, after such a hearing, 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 determination by the Commission that the "significant" building
which is the subject of the Notice of Intent to Demolish 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 365 days after the date of the Commission's determination.
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 the Commission is satisfied that bona fide and
reasonable efforts have been made to locate a purchaser willing to
preserve, rehabilitate and restore the subject building, and that
such efforts have been unsuccessful.
[Amended 11-7-2005 STM, Art. 13]
F)
No building permit for erection of a new structure on the site of
an existing "significant" building footprint as defined in Section
2.3 may be issued prior to issuance of a permit for demolition of
such existing significant building.
G)
No permit for demolition of a building determined to be a "preferably-preserved
significant building" under Section 3.4 shall be granted until plans
for use or development of the site after demolition have been filed
with the Building Commissioner and found to comply with all laws pertaining
to the issuance of a building permit, or if for a parking lot, a certificate
of occupancy, for that site. All approvals necessary for the issuance
of such a building permit or certificate of occupancy including without
limitation any necessary zoning variances or special permit, must
be granted and all appeals from the granting of such approvals must
be concluded, prior to the issuance of a demolition permit under this
subsection.
[Added 5-7-2012 ATM, Art. 28[1]]
A)
A significant building shall be maintained in a weathertight condition
so as to prevent water intrusion into any portion of the building
and to prevent demolition by neglect, including but not limited to
maintenance of the roofing, siding, windows, doors, trim and other
architectural features. Maintenance shall also include the replacement
or repair of any structural element or exterior architectural feature
that if left unattended would result in further damage or degradation
to any building element.
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 Inspector
and the owner. The Commission shall hold a public hearing to determine
whether or not the significant building is undergoing demolition by
neglect. In furtherance of determining its condition, the Commission
may, at any time, request an inspection of the structure by the Building
Inspector. If the Commission determines that the significant structure
is undergoing demolition by neglect, the Commission shall attempt
to negotiate a voluntary agreement with the owner for appropriate
and timely repairs sufficient to structurally stabilize the significant
structure and/or prevent further deterioration. In the event that
the Commission determines that it is not able to negotiate such an
agreement with the owner, for any reason, or that the owner has agreed
to undertake but has failed satisfactorily to complete such repairs
in a timely manner, then the Commission may take such action as is
permitted under this Bylaw, including seeking a court order that specific
repairs be undertaken to secure the significant building against the
elements, vandals or vermin, to halt further deterioration, and/or
to stabilize it structurally. The Commission may forbear from commencing
an action in court for any reason. Upon completion of all repairs
that have been agreed upon between the owner and the Commission that
have been ordered by the Commission that have been ordered by the
court, and upon certification by the Building Inspector that said
repairs have been completed, the Commission shall certify that the
structure is no longer undergoing demolition by neglect.
D)
The Commission may grant a waiver from the requirements of this section
upon a showing of impossibility, or financial hardship, or the occurrence
of events beyond the owner's control, or such other circumstances
as the Commission may determine.
A)
Nothing in this Bylaw shall restrict the Building Commissioner from
ordering the demolition of any "significant" building in the event
it is determined that the condition of the building or structure poses
a serious and imminent threat to public health and safety and there
is no reasonable alternative to immediate demolition.
B)
Whenever the Building Commissioner issues an emergency demolition
permit under this Section, he shall prepare a written report with
attached photographic evidence describing the condition of said building
or structure and the basis of the decision to issue an emergency demolition
permit and provide a copy thereof to the Commission.
A)
Any person(s) who demolishes a building or structure identified in
Section 2.3 without first obtaining, and complying fully with, the
provisions of a demolition permit shall be subject to a fine of three
hundred dollars ($300.00). Each day of non-compliance shall be considered
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 and appropriate to obtain compliance with the requirements
of this Bylaw, or to prevent 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 Bylaw for a period of two (2) 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.
D)
Upon a determination by the Commission 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.
[Added 5-7-2012 ATM, Art. 28[1]]
All determinations by written finding made by the Historical
Commission pursuant to 106-3(C) and (D) shall expire two years from
the date of the written finding if the work authorized has not commenced.
All determinations by written finding made by the Historical Commission
pursuant to 106-3(E) shall expire two years from the expiration of
the demolition delay period if the work authorized has not commenced.
Any person aggrieved by a decision of the Orleans Historical
Commission acting under this bylaw, shall have a right to appeal to
the Board of Selectmen filed within seven (7) days of the date any
such decision. The Board of Selectmen shall hold a hearing within
ten (10) days of receipt of any such appeal and shall have a right
to issue any decision which the Orleans Historical Commission could
have issued in the first instance.
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.
If any provision of this Bylaw conflicts with Massachusetts
General Laws, Chapter 40C, the Historic District Act, that Act shall
prevail.
