[HISTORY: Adopted by the Town of Greenfield 8-15-2007 (Ch. 58 of the 2002 Bylaws). Amendments
noted where applicable.]
GENERAL REFERENCES
Historical Commission — See Ch. 132.
The purpose of this chapter is to preserve and protect, through
advance notice of their proposed demolition, significant buildings
within the Town of Greenfield which constitute or reflect distinctive
features of the architectural, cultural, political, economic, or social
history of the Town, to encourage owners of preferably preserved significant
buildings to seek out persons who might be willing to purchase and
to preserve, rehabilitate, or restore such buildings rather than demolish
them, to alert residents of the Town to impending demolitions of significant
buildings, and by furthering these purposes to promote the public
welfare, to preserve the resources of the Town, and to make the Town
a more attractive and desirable place in which to live. To achieve
these purposes, the Greenfield Historical Commission is empowered
to advise the Greenfield Inspector of Buildings with respect to the
issuance of permits involving demolition, and the issuance of demolition
permits for significant buildings is regulated as provided in this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An application for a permit involving demolition, as defined
in this chapter, of a significant building on the historic inventory.
Every application shall include the address of the building to be
demolished, the owner's name, address and telephone number, photographs
of all sides of the building visible from a public way taken within
the past year, plans, a narrative description of the building and
justification of the proposed demolition, and a brief description
of the proposed reuse, reconstruction or replacement.
Any combination of materials capable of providing shelter
for persons, animals or property.
The Greenfield Historical Commission.
Any act of pulling down, destroying, removing or razing a
structure or portion thereof, or commencing the work of total or substantial
destruction with the intent of completing the same.
A permit issued by the Inspector of Buildings under the State
Building Code for the demolition of a building or structure.
The administrative chief of the building department in a
municipality who is charged with the administration and enforcement
of 780 CMR, the Massachusetts State Building Code.
Any building or structure individually listed on the National
Register of Historic Places; or
Any building or structure evaluated by Massachusetts Historical
Commission to be a contributing building within a National Register
or State Register District; or
Any building or structure which has been certified by the Massachusetts
Historical Commission to meet eligibility requirements for individual
listing on the National Register of Historical Buildings; or
A building submitted by the Commission to the Town Council,
and approved by the Town Council, that contributes to the historical
or architectural heritage or resources of the Town in accordance with
the standards for designation as a significant building.
A.
A preferably
preserved significant building is any significant building which the
Greenfield Historical Commission determines, after a public hearing,
is in the public interest to be preserved or rehabilitated rather
than to be demolished. A preferably preserved significant building
is subject to the six-month delay period of this chapter.[1]
B.
The Greenfield Historical Commission shall determine that a structure
be designated as a significant structure if it meets one or more of
the following criteria:
(1)
It 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
(2)
The Greenfield Historical Commission determines that the structure
meets one or more of the following three criteria:
(a)
Historical importance. The structure meets the criteria of historical
importance if it:
[1]
Has character, interest or value as part of the development,
heritage or cultural characteristics of the Town of Greenfield, the
Commonwealth of Massachusetts or the nation; or
[2]
Is the site of an historic event; or
[3]
Is identified with a person or group of persons who had some
influence on society; or
[4]
Exemplifies the cultural, political, economic, social or historic
heritage of the community.
(b)
Architectural importance. The structure meets the criteria of
architectural importance if it:
[1]
Portrays the environment of a group of people in an era of history
characterized by a distinctive architectural style; or
[2]
Embodies those distinguishing characteristics of an architectural
type; or
[3]
Is the work of an architect, master builder or craftsman whose
individual work has influenced the development of the Town; or
[4]
Contains elements of architectural design, detail, materials
or craftsmanship which represent a significant innovation.
(c)
Geographic importance. The structure meets the criteria of geographic
importance if:
A.
The Inspector of Buildings, on the day of receipt of an application
for demolition of a listed significant building or within seven days,
shall cause a copy of each such permit application to be forwarded
to (or shall satisfy himself that a duplicate of such application
has been submitted to) the Greenfield Historical Commission. No demolition
permit shall be issued at that time, unless the Inspector of Buildings
deems the building is in need of emergency demolition and the emergency
demolition provisions of this chapter have been met. The Greenfield
Historical Commission may make preliminary determinations of significance
for discussion with the Building Inspector.
B.
The Greenfield Historical Commission shall hold a public hearing
within 45 days of receiving a copy of such 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. The Greenfield Historical Commission shall mail a copy
of said notice to the applicant and shall, at least seven days prior
to said hearing, notify the Inspector of Buildings, Department of
Public Works, Planning Department, Planning Board, Zoning Board of
Appeals, Conservation Commission and such other persons as the Greenfield
Historical Commission shall deem entitled to notice. The applicant
shall notify all abutting landowners as they appear on the most recent
local tax list no later than seven days prior to said hearing.
C.
If, after such hearing, the Greenfield Historical 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 Greenfield Historical Commission shall so notify the Inspector
of Buildings and Mayor within seven days of such determination. Upon
receipt of such notification, or after the expiration of 21 days from
the date of the close of the public hearing, if he has not received
notification from the Greenfield Historical Commission, the Inspector
of Buildings may, subject to the requirements of the State Building
Code and any other applicable laws, ordinances, rules and regulations,
issue the demolition permit.
D.
If the Greenfield Historical 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. The
Greenfield Historical Commission's determination remains in effect
for six months from the date of decision. Upon a determination by
the Greenfield Historical Commission that the significant building
which is the subject of the application for a demolition permit is
a preferably preserved significant building, the Greenfield Historical
Commission shall, within seven days, so advise the applicant by registered
mail, and the Inspector of Buildings, and no demolition permit may
be issued until at least six months after the date of designation
as a preferably preserved significant building. The applicant shall,
upon notice of said designation, secure the building or site against
vandalism, fire or other destruction and post a copy of said designation
on the building in a place visible from the nearest public way. The
applicant shall give reasonable access to the building or site to
the Greenfield Historical Commission and to parties interested in
preserving it.
E.
Notwithstanding the preceding section, the Inspector of Buildings
may issue a demolition permit for a preferably preserved significant
building at any time after receipt of written advice from the Greenfield
Historical Commission to the effect that either:
(1)
The Greenfield Historical 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 or restore such
building; or
(2)
The Greenfield Historical Commission is satisfied that for at least
six months the owner has made continuing, bona fide and reasonable
efforts to locate a purchaser to preserve, rehabilitate or restore
the subject building, and that such efforts have been unsuccessful.
This may be extended an additional six months upon recommendation
of the Greenfield Historical Commission and a majority vote of the
Town Council.
Nothing in this chapter shall be construed to derogate in any
way from the authority of the Inspector of Buildings derived from
Massachusetts General Laws Chapter 143. However, before acting pursuant
to this chapter, the Inspector of Buildings shall provide the Greenfield
Historical Commission with a memorandum describing the condition of
the building and the basis for his decision.
A.
If a building 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 Inspector
of Buildings.
B.
Upon receipt of any application for an emergency demolition permit,
the Inspector of Buildings shall within five days transmit a copy
thereof to the Greenfield Historical Commission.
C.
As soon as is practicable, but within 14 days after receipt of such
an application, the Inspector of Buildings shall inspect the building
with an inspection team consisting of the Inspector of Buildings,
Town Engineer, Fire Chief, Greenfield Historical Commission Chair
and two other members of the Greenfield Historical Commission selected
by the Chair, or the designees of said officials.
D.
Within five days after inspection of the building and after consultation
with other members of the inspection team, the Inspector of Buildings
shall determine:
E.
If the Inspector of Buildings finds 1) that the condition of the
building or structure poses a serious and imminent threat to public
health and safety, and 2) that there is no reasonable alternative
to the immediate demolition of the building or structure, then the
Inspector of Buildings may issue an emergency demolition permit to
the owner of the building.
F.
If the Inspector of Buildings finds 1) that the condition of the
building does not pose a serious and imminent threat to public health
and safety, and/or 2) that there are reasonable alternatives to the
immediate demolition of the building which would protect public health
and safety, then the Inspector of Buildings may refuse to issue an
emergency demolition permit to the owner of the building or structure.
G.
Upon issuing an emergency demolition permit under the provisions
of this section, the Inspector of Buildings shall submit a brief written
report to the Greenfield Historical Commission describing the condition
of the building and the basis for his/her decision to issue an emergency
demolition permit. Nothing in this section shall be inconsistent with
the procedure for the demolition and/or securing of buildings and
structures established by MGL c. 143, §§ 6 through
10.
The Inspector of Buildings is specifically authorized to institute
any and all actions and proceedings, in law or equity, as he/she may
deem necessary and appropriate to obtain compliance with the provisions
of this chapter or to prevent a threatened violation thereof.
A.
No permit for erection of a new structure on the site of an existing
preferably preserved significant building may be issued prior to issuance
of a permit for demolition of such existing building.
B.
No permit for erection of a new building, paving of drives or for
parking shall be issued for one year from the commencement of such
work if a structure is demolished in violation of this chapter.
C.
Any owner of a building and/or structure subject to this chapter
who knowingly acts to demolish said building and/or structure, or
damage a portion of a building or structure in a way which increases
its likelihood of total failure, without first obtaining a building
permit for demolition in accordance with the provisions of this chapter,
or who likewise by some causative action contributes to the deterioration
of said building or structure during the demolition review period,
shall be in violation of this chapter and subject to enforcement by
a noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D,
as amended.
D.
Notwithstanding the provisions of Section 11.45, the fine for any
such violation shall be $300 for each offense. Each day the violation
exists shall constitute a separate offense until the demolished building
is rebuilt or recreated as directed by the Greenfield Historical Commission,
or unless otherwise agreed to by the Greenfield Historical Commission.
If any provision of this chapter conflicts with Massachusetts
General Laws Chapter 40C, the Historic District Act, that Act shall
prevail.
