[HISTORY: Adopted by the Town Meeting of the Town of North
Andover. Amendments noted where applicable.]
This bylaw is enacted for the purpose of preserving and protecting
significant buildings within the Town which 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 bylaw, 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,
streetscapes and neighborhoods, this bylaw 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 Historical Commission
is authorized to advise the Building Inspector with respect to demolition
permit applications. The issuance of demolition permits is regulated
as provided by this bylaw.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or entity that 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 for the demolition of a building.
Any combination of materials forming a shelter for persons,
animals, or property.
The person occupying the office of Building Commissioner
or otherwise authorized to issue demolition permits.
The North Andover Historical Commission or its designee.
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 building permit issued by the Building Inspector for
a demolition of a building, excluding a building permit issued solely
for the demolition of the interior of a building.
Any significant building which the Commission determines,
following a public hearing, that it 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 bylaw.
Any building within the Town which is in whole or in part
100 years or more old and which has been determined by the Commission
or its designee to be significant based on any of the following criteria:
The building is listed on, or is within an area listed on, the
National Register of Historic Places; or
The building has been found eligible for the National Register
of Historic Places; or
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 or the commonwealth; or
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.
A.
No demolition permit for a building which is in whole or in part
100 years or more old shall be issued without following the provisions
of this bylaw. If a building is of unknown age, it shall be assumed
that the building is over 100 years old for the purposes of this bylaw.
B.
An applicant proposing to demolish a building subject to this bylaw
shall file with the Building Commissioner an application containing
the following information:
(1)
The address of the building to be demolished.
(2)
The owner's name, address and telephone number.
(3)
A description of the building.
(4)
The reason for requesting a demolition permit.
(5)
A brief description of the proposed reuse, reconstruction or replacement.
(6)
A photograph or photographs of the building.
C.
The Building Commissioner shall within seven days forward a copy
of the application to the Commission. The Commission shall, within
30 days after receipt of the application, make a written determination
of whether the building is significant.
D.
Upon determination by the Commission that the building is not significant,
the Commission shall so notify the Building Commissioner and applicant
in writing. The Building Commissioner may then issue the demolition
permit.
E.
Upon determination by the Commission that the building is significant,
the Commission shall so notify the Building Commissioner and the applicant
in writing. No demolition permit may be issued at this time. If the
Commission does not notify the Building Commissioner within 30 days
of receipt of the application, the Building Commissioner may proceed
to issue the demolition permit.
F.
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 Commissioner. 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 the Building Inspector shall be notified
in writing of the meeting time and place.
G.
The Commission shall decide at the public hearing or within 14 days
after the public hearing whether the building should be preferably
preserved. If agreed to in writing by the applicant, the determination
of the Commission may be postponed.
H.
If the Commission determines that the building is not preferably
preserved, the Commission shall so notify the Building Commissioner
and applicant in writing. The Building Commissioner may then issue
the demolition permit.
I.
If the Commission determines that the building is preferably preserved,
the Commission shall notify the Building Commissioner and applicant
in writing. No demolition permit may then be issued for a period of
12 months from the date of the determination unless otherwise agreed
to by the Commission. If the Commission does not so notify the Building
Commissioner in writing within 21 days of the public hearing, the
Building Commissioner may issue the demolition permit. Upon a determination
by the Commission that any building that is the subject of an application
is a preferably preserved building, no building permit for new construction
or alterations on the premises shall be issued for a period of 12
months from the date of the determination unless otherwise agreed
to by the Commission.
J.
No permit for demolition of a building determined to be a preferably
preserved building shall be granted until all plans for future use
and development of the site have been filed with the Building Commissioner
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.
K.
The Building Commissioner may issue a demolition permit or a building
permit for a preferably preserved building within the 12 months if
the Commission notifies the Building Commissioner in writing that
the Commission finds that the intent and purpose of this bylaw is
served even with the issuance of the demolition permit or the building
permit.
L.
Following the twelve-month delay period, the Building Commissioner
may issue the demolition permit.
A.
The Commission may adopt such rules and regulations as are necessary
to administer the terms of this bylaw. The Commission is authorized
to adopt a schedule of reasonable fees to cover the costs associated
with the administration of this bylaw. The Commission may delegate
authority to make initial determinations of significance to one or
more members of the Commission or to a municipal employee. The Commission
may proactively develop a list of significant buildings that will
be subject to this bylaw. Buildings proposed for the significant building
list shall be added following a public hearing.
B.
An emergency demolition shall be allowed if, after an inspection,
the Building Commissioner finds that a building subject to this bylaw
is found to pose an immediate threat to public health or safety due
to its deteriorated condition 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. The Building Commissioner
shall then prepare a report explaining the condition of the building
and the basis for his decision, which shall be forwarded to the Commission.
A.
The Commission and/or the Building Commissioner 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 bylaw or to prevent a threatened violation
thereof.
B.
Any owner of a building subject to this bylaw who demolished the
building without first obtaining a demolition permit in accordance
with the provisions of this bylaw shall be subject to a fine of not
more than $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.
C.
If a building subject to this bylaw 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 the building permit is for the faithful restoration
referred to above or unless otherwise agreed to by the Commission.
Following a determination that the building is significant and
preferably preserved, the Commission may recommend to Town Meeting
that the building be protected through the provisions of MGL Chapter
40C, the Historic Districts Act. The steps required under MGL Chapter
40C shall be followed prior to the establishment of a local historic
district. Nothing in this bylaw shall be deemed to conflict with the
provisions of the Historic Districts Act (MGL Chapter 40C). If any
of the provisions of this bylaw do so conflict, that Act shall prevail.
In case any section, paragraph or part of this bylaw is for
any reason declared invalid or unconstitutional by any court, every
other section, paragraph, and part shall continue in full force and
effect.