[HISTORY: Adopted by the Historical Commission of the Town
of Easton 3-16-2009, as amended 6-12-2012. Subsequent amendments noted
where applicable.]
A.
Authority. The Easton Historical Commission, promulgates these regulations under the authority granted to it under the Town of Easton Building Permit Demolition Review, Chapter 114 of the Easton Town Code (hereinafter the "Bylaw"). These regulations, as may be amended from time to time, complement the Bylaw and shall have the force of law upon their effective date.
B.
Purpose. The Bylaw sets forth a public review and decision making
process by which the Commission determines whether a building that
is considered to be significant is then determined to be preferably
preserved. The purpose of these regulations is to define and clarify
the Bylaw process by establishing definitions, uniform procedures
and clear standards by which the Easton Historical Commission shall
carry out its responsibilities under the Bylaw.
C.
Effective Date.
(1)
These regulations, as such, may be amended from time to time, take
effect when voted by the Easton Historical Commission and filed with
the Town Clerk.
(2)
The provisions of these regulations shall apply to all applications for a Building Permit for Demolition, as such term is defined in Chapter 114 of the Easton Bylaws. The effective dates of substantive amendments shall be noted and those added or changed provisions shall apply to all applications for Building Permit Demolition filed after the applicable amendment date.
A.
Jurisdiction.
(1)
Buildings subject to review under the bylaw: any building that is
in whole or in part 75 or more years old and is determined to be a
Significant Building as defined by the Bylaw.
(2)
Activities subject to regulation under the Bylaw: demolition of a
building with an age that is determined to be 75 years or older; or
whose age is unknown and therefore presumed to be 75 years or older.
All time periods of 10 days or less specified in the Bylaw and
these regulations shall be computed using business days only. Where
the time is 10 days or less, the period shall commence starting the
first day after the date of the event, such as the issuance of a document
and ending at the close of business on the last business day. All
other time periods specified in the Bylaw and these regulations shall
be computed on the basis of calendar days with the period commencing
on the first day after the date of the event and ending at the close
of business on the last calendar day, unless the last day falls on
a Saturday, Sunday, or legal holiday, in which case the last day shall
be the next business day following.
A.
Application for Demolition Review.
(1)
Application Contents. Where the Building Inspector has determined,
upon receipt of an application for demolition permit, that a building
is subject to the Demolition Permit Review By-law, the applicant shall
file an Application for Demolition Permit Review with the Easton Historical
Commission. Any Application for a Demolition Permit Review of a Jurisdictional
Building as defined by the by-law, shall contain eight collated copies
of the following materials and be submitted to the Easton Historical
Commission, c/o the Department of Planning and Community Development:
(a)
The address of the building proposed to be demolished;
(b)
The owner's name, mailing address, email address (if applicable),
and telephone number;
(c)
A description of the building that includes dimensions, number
of stories, current use, any additions or other identifying features;
(d)
The reasons for requesting a demolition permit;
(e)
Photographs of the building and photographs of neighboring buildings
providing context;
(f)
A site plan indicating location of the building and the extent
of demolition proposed, including, in the case of partial demolition,
the total existing square footage and the total square footage to
be demolished;
(g)
In the case of partial demolition involving alteration(s) or
addition(s) to a building or structure:
[1]
Existing floor plans clearly delineating the extent of demolition
proposed;
[2]
Proposed plans and elevation drawings for the affected portion
of the building or structure;
[3]
A plot plan of the property, if the same is required to obtain
a permit under the State Building Code for the proposed alteration(s)
or addition(s);
(h)
If the site of the building to be demolished is to be redeveloped,
plans showing the use or development of the site after demolition,
including architectural plans and elevations, together with a statement
identifying all zoning variances and/or special permits which may
be required in order to implement the proposed use or development.
(i)
Any and all additional information that will assist the Commission
in determining the significance of the building.
(2)
Application Fees. A non-refundable application fee of $100 shall
be submitted with the above materials. The application shall also
be accompanied by a fee of $1,500 to be spent on technical experts
or appropriate professionals to assist the Commission in determining
whether a building is preferably preserved. Some or all of this fee
may be waived at the Commission's discretion on a case-by-case
basis.
(3)
Accessibility. Throughout the building demolition review process,
the applicant shall:
(a)
Make all reasonable efforts to make the building accessible
to the Commission in order to assist in their assessment and determination,
provided that access can be achieved in a safe manner.
(b)
Properly and adequately secure the building to protect it from
the damages of weather, vandalism or trespassers, to the maximum extent
feasible.
B.
Commission Action on Application for Demolition Permit Review. Within
15 days of receiving the application in good order, the Historical
Commission will determine whether the building is significant, as
follows:
(1)
The Commission shall notify the Building Inspector, in writing, of
its finding.
(2)
If it is determined the building is not Significant, the Building
Inspector may issue the Building Permit for Demolition.
(3)
Where the Commission finds a building is Significant, the Historical
Commission will hold a public hearing to determine whether the building
is Preferably Preserved.
A.
Public Hearing.
(1)
Scheduling Public Hearing and Publication of Notice.
(a)
Within 30 days of written notification to the Building Inspector
and the applicant that the building is determined to be significant,
the Historical Commission shall hold a public hearing.
(b)
Notice of the time and place of the public hearing shall be
given by the Historical Commission, at the expense of the applicant,
not less than seven days prior to such hearing by publishing and providing
notices in accordance with the requirements of c. 114 of the Easton
Bylaws.
(c)
The person making the request shall also give written notice
thereof, by certified mail (return receipt requested) or hand-delivery,
to all abutters at their mailing addresses shown on the most recent
applicable tax list of the assessors, including owners of land directly
opposite on any public or private way, and abutters to the abutters
within 300 feet of the property line of the site. Proof of notification
to abutters shall be provided prior to opening the public hearing.
(2)
Continuing Public Hearing. The Commission may seek continuance of
the public hearing as may be necessary to receive any relevant information,
testimony or evidence.
B.
Decision of Commission After Close of Public Hearing.
(1)
No later than 14 days after the public hearing, as may be continued,
has closed, the Commission shall render a decision as to whether the
building should be preferably preserved.
(2)
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 Building
Permit for Demolition. In the case of a partial demolition, the applicant
shall inform the Building Inspector, at least one business day in
advance, of the date that demolition is to commence.
(3)
If the Commission determines the building is not preferably preserved
provided that any demolition adhere to certain conditions, 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.
(4)
If the Commission determines the building is preferably preserved,
a Building Permit for Demolition shall not be issued until:
(a)
It is demonstrated through substantial evidence provided by
the applicant in the form of a report from a credible, qualified structural
engineer and agreed by the Commission and Building Inspector that
the structural integrity of the building is such that restoration
or re-use of the building is unfeasible. The Commission may seek the
opinion of a qualified structural engineer of their choosing to provide
relevant information that will assist them in their determination;
or
(b)
The Commission is satisfied the application for the demolition
permit and the owner of the building, if different from the applicant,
has made a bona fide, reasonable and unsuccessful effort to locate
a purchaser for the building or building who is willing to preserve,
rehabilitate or restore the building and the replacement structure,
either by way of its architectural suitability or its appropriateness
to the context of the neighborhood is acceptable to the Commission;
or
(c)
The 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 the building and the replacement
structure, either by way of its architectural suitability or its appropriateness
to the context of the neighborhood is acceptable to the Commission;
or
(d)
A period of 12 months shall have elapsed since the date of the
Commission's determination that the Significant building, which
is the subject of the application for a Building Permit for Demolition
is Preferably Preserved.
If, at any point, during the Building Demolition Review process,
including the period of Demolition Delay, ownership of the building
changes and it is also the intent of the new owner to demolish the
building, the current application for Building Permit Demolition shall
remain valid, provided that the new owner adhere to any conditions
imposed on the demolition. If the new owner intends to change any
aspect of the demolition or replacement plans, the application becomes
void and a new application must be made to the Building Inspector.
At that point, the process set forth by these regulations begins anew.
Regardless of building ownership, any lapse of a building permit authorizing
demolition issued for a property that has been subject to the Building
Demolition Review process will cause the original application to become
void, and the property will again be subject to the Building Demolition
Review process for any future proposed demolition.
A.
Bristol Superior Court sitting in equity shall have jurisdiction to enforce the provisions of these regulations and Chapter 114 of the Code of the Town of Easton and any regulations enacted hereunder and the determinations and rulings issued pursuant thereto.
B.
Whoever violates any of the provisions of this chapter and Chapter 114 of the Code of the Town of Easton, shall be punished by 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 2 1/2
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.
