[HISTORY: Adopted by the Annual Town Meeting of the Town
of Easton 5-17-2004 by Art. 22.
Amendments noted where applicable.]
GENERAL REFERENCES
Destruction of public property — See Ch. 186.
This chapter is enacted for the purpose of preserving and protecting
significant buildings within the Town of Easton that constitute or
reflect distinctive features of the architectural, cultural, economic,
political, or social history of the town and to limit the detrimental
effect of demolition on the character of the town. Through this chapter,
owners of preferably preserved buildings are encouraged to seek out
alternative options that will preserve, rehabilitate or restore such
buildings, and residents of the town are alerted to impending demolitions
of significant buildings. By preserving and protecting significant
buildings, this chapter promotes the public welfare by making the
town a more attractive and desirable place in which to live and work.
To achieve these purposes the Easton Historical Commission is authorized
to advise the Building Inspector with respect to the issuance of demolition
permits that are regulated as provided by this chapter.
[Amended 5-18-2009 ATM
by Art. 34]
Any person or entity who files an application for a demolition
permit. If the applicant is not the owner of the premises upon which
the building is situated, the owner must indicate on or with the application
his/her assent to the filing of the application.
An application submitted to the Building Inspector for the
demolition of a building.
An application submitted to the Historical Commission for
Demolition Permit Review of a building 75 years of age or older.
Any combination of materials forming a shelter for persons,
animals, or property.
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
The Easton Historical Commission or its designee.
[Amended 5-17-2010 ATM by Art. 27; 11-15-2010 STM by Art.
5]
Any act of pulling down, destroying, removing, dismantling
or razing a building or commencing the work of total or substantial
destruction with the intent of completing the same.
The permit issued by the Building Inspector for a demolition,
substantial demolition or removal of a building, excluding a demolition
permit issued solely for the demolition of the interior of a building.
A building determined by the Commission or its designee to
be significant based on any of the following criteria:
The Building is listed on the National Register of Historic
Places.
The Building has been found eligible for the National Register
of Historic Places.
The Building is importantly associated with one or more historic
persons or events, or with the broad architectural, cultural, political,
economic or social history of the Town of Easton or the Commonwealth
of Massachusetts or the nation.
The Building is historically or architecturally important (in
terms of period, style, method of building construction or association
with a recognized architect or builder) either by itself or in the
context of a group of buildings.
Any significant building that the Commission determines,
following a public hearing, is in the public interest to be preserved
rather than demolished. A preferably preserved building is subject
to the twelve-month demolition delay period of this chapter.
[Amended 5-21-2007 ATM
by Art. 29; 5-18-2009 ATM by Art.
33; 5-16-2011 ATM by Art. 33]
A.
No demolition permit for a building that is in whole or in part 75
or more years old shall be issued without following the provisions
of this chapter. If a building is of unknown age, it shall be assumed
that the building is over 75 years old for the purposes of this chapter.
B.
Within seven days of the receipt of an application for a Building
Permit for demolition, the Building Inspector shall determine if the
building in whole or in part is 75 years of age or older. If the Building
Inspector determines that the building is 75 years of age or older
in whole or in part, he shall provide the applicant with a Demolition
Review Application.
C.
The applicant shall submit the completed Demolition Review Application
to the Historical Commission.
D.
The Commission shall, within 15 business days after receipt of the
completed application, make a determination of whether the building
is significant.
E.
Upon determination by the Commission that the building is not significant,
the Commission shall so notify the Building Inspector and applicant
in writing. The Building Inspector may then issue the demolition permit.
F.
Upon determination by the Commission that the building is significant,
the Commission shall so notify the Building Inspector and applicant
in writing with reasons for the determination. No demolition permit
may be issued at this time. If the Commission does not notify the
Building Inspector within the specified time period, the Building
Inspector may issue the demolition permit.
G.
If the Commission finds that the building is significant, it shall
hold a public hearing within 30 days of the written notification to
the Building Inspector. Public notice of the time, place and purpose
of the hearing shall be posted in a conspicuous place in town hall
for a period of not less than seven days prior to the date of said
hearing, and the applicant and Building Inspector shall be notified
in writing of the meeting time and place.
H.
The Commission may determine that the Building is either: (1) not
preferably preserved in its entirety; or (2) that it is not preferably
preserved provided that any demolition adhere to certain conditions:
(1)
In the event that the Commission shall determine the building is
not preferably preserved in its entirety, it shall so notify the Building
Inspector and applicant in writing. The Building Inspector may then
issue the demolition permit.
(2)
In the event that the Commission shall determine that the building
is not preferably preserved but that conditions must be placed on
any demolition so as to preserve the historical and social character
of the Property, the area and the Town, the Commission shall provide
a detailed written list of such conditions and the reasons for the
imposition of the same to the applicant and the Building Inspector.
The Building Inspector may then issue the demolition permit provided
that such permit contains the conditions imposed by the Commission.
I.
If the Commission determines that the building is not preferably
preserved, the Commission shall so notify the Building Inspector and
applicant in writing. The Building Inspector may then issue the demolition
permit.
J.
If the Commission determines that the building is preferably preserved,
the Commission shall so notify the Building Inspector and applicant
in writing. No demolition permit may be issued for a period of 12
months from the date of the notification unless otherwise agreed to
by the Commission. If the Commission does not notify the Building
Inspector within 21 days of the public hearing, the Building Inspector
may issue the demolition permit.
K.
No permit for demolition of a building determined to be preferably
preserved shall be granted until all plans for future use and development
of the site have been filed with the Building Inspector and have been
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 building permit
or certificate of occupancy including without limitation any necessary
zoning variances or special permits, 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 section.
L.
The Building Inspector may issue a demolition permit or building
permit for a preferably preserved building within 12 months if the
Commission notifies the Building Inspector in writing that the Commission
finds that the intent and purpose of this chapter is served even with
the issuance of the demolition permit or the building permit.
M.
Following the twelve-month delay period, the Building Inspector may
issue the demolition permit.
A.
The Commission may adopt such rules and regulations as necessary
to administer the terms of this chapter.
B.
The Commission is authorized to adopt a schedule of reasonable fees
to cover the costs associated with the administration and review of
any application that is filed under this chapter.
C.
The Commission may delegate authority to one or more member of the
Commission and/or may delegate authority to municipal staff, however
final determination as to whether the building shall be designated
as preferably preserved shall rest with the Commission.
D.
The Commission may pro-actively develop a list of significant buildings
that will be subject to this chapter. Buildings proposed for the significant
building list shall be added following a public hearing.
A.
It shall be the responsibility of the owner of record or his designee
to assist in the facilitation of the above process by providing information,
allowing access to the property, and securing the premises; to participate
in the investigation of preservation options and to actively cooperate
in seeking alternatives with the Commission and any interested parties.
B.
Upon determination by the Commission that a building or structure
is a Preferably Preserved Significant Structure, the owner shall be
responsible for properly securing the building, if vacant, to the
satisfaction of the Building Inspector. Should the owner fail to secure
the building to the satisfaction of the Building Inspector, the subsequent
destruction of such building through any cause, which destruction
could have been prevented by the required security measures, shall
be considered a demolition in violation of this chapter.
A.
In the event that the Building Inspector determines or is asked to
consider the condition of a building 75 years or older, the Chairman
of the Easton Historical Commission or designee shall be notified
to accompany the Building Inspector during his inspection. The Building
Inspector shall pursue all reasonable courses of action to prevent
emergency demolition of such a building which the Chairman of the
Commission or designee determined is or may be a significant building,
included[1] but not limited to requiring the owner to secure it against
further danger to the public. Nothing in this chapter shall restrict
the Building Inspector from immediately ordering the demolition of
unsafe structures in accordance with the provisions of Massachusetts
General Laws Chapter 143.
[1]
Editor's Note: So in original. Apparently should read "including."
B.
Whenever the Building Inspector 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.
[Amended 5-21-2007 ATM
by Art. 29]
A.
The Commission and/or the Building Inspector are each specifically
authorized to institute any and all actions and proceedings, in law
or 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.
Any owner of a building demolished without first obtaining a demolition permit in accordance with the provisions of this chapter shall be subject to a fine of $300. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished building is completed, or unless otherwise agreed to by the Commission. This penalty may be enforced pursuant to Chapter 50 of the Code of the Town of Easton, Noncriminal Disposition of Violations.
C.
If a building is demolished without first obtaining a demolition
permit, no building permit shall be issued for a period of two years
from the date of the demolition on the subject parcel of land or any
adjoining parcels of land under common ownership and control unless
otherwise agreed to by the Commission.
Nothing in this chapter shall be deemed to conflict with the
provisions of the Historic District Act, Massachusetts General Laws
Chapter 40C. If any of the provisions of this chapter do so conflict,
that act shall prevail.
In case any section, paragraph, or part of this chapter is for
any reason declared invalid or unconstitutional by any court, every
other section, paragraph, and part shall continue in full force and
effect.
