[HISTORY: Adopted by the Town Meeting of the Town of Plympton 6-17-2020 ATM by Art. 27. Amendments noted where applicable.]
The Demolition Delay Bylaw is enacted for the purpose of preserving
and protecting significant buildings within the Town of Plympton which
are outside local historic districts. Such buildings reflect distinctive
features of the architectural, cultural, economic, political or social
history of the Town, and their preservation promotes the public welfare
by making the Town a more attractive and desirable place to live and
work. The intent of the bylaw is to provide an opportunity to develop
preservation solutions for significant, preferably preserved properties
threatened with demolition. The bylaw is intended to encourage owners
and townspeople to seek out persons who might be willing to purchase,
preserve, rehabilitate or restore such buildings rather than demolish
them, and to limit the detrimental effect of demolition on the historical
architectural resources of the Town. To achieve these purposes, the
Plympton Historical Commission ("the Commission") is empowered to
advise the Building Inspector with respect to the issuance of permits
for demolition of significant buildings, and, where appropriate and
consistent with the intent and purpose of this bylaw, to allow demolition
under conditions designed to minimize the loss of distinctive features
of significant buildings.
As used in this bylaw, the following terms shall have the meanings
indicated:
A structure enclosed within exterior walls or firewalls,
built, erected and framed of a combination of any materials to form
a structure for the shelter of persons, animals or property.
The administrative chief of the Building Department who is
charged with the administration and enforcement of the State Building
Code, 780 CMR, and is authorized to issue demolition permits.
The Plympton Historical Commission.
Any act of pulling down, destroying, removing, razing or
moving a building or commencing the work of moving or of total or
substantial destruction with the intent of completing the same.
The permit issued by the Building Inspector as required by
the State Building Code for a demolition, substantial demolition or
removal of a building.
Any building, in whole or in part, which is at least 75 years
old, or is of unknown age and:
Which is listed on or is a contributing building within an area
listed on the National Register of Historic Places, or which is the
subject of a pending application for such listing, or is eligible
for such listing; or
Is included in the Cultural Resources Inventory prepared by
the Commission; or
Has been determined by vote of the Commission to be a significant
building after a finding by the Commission that the building meets
one or more of the following three criteria:
Historical importance. The building meets the criteria of historical
importance if it:
Has character, interest or value as part of the development,
heritage or cultural characteristics of the Town of Plympton, the
Commonwealth of Massachusetts or the nation; or
Is the site of an historic event; or
Is identified with a person or group of persons who has some
influence on society; or
Exemplifies the cultural, political, economic, social or historic
heritage of the community.
Architectural importance. The structure meets the criteria of
architectural importance if it:
Portrays the environment of a group of people in an era of history
characterized by a distinctive architectural style; or
Embodies those distinguishing characteristics of an architectural
type; or
Is the work of an architect, master builder or craftsman whose
individual work has influenced the development of the Town; or
Contains elements of architectural design, detail, materials
or craftsmanship which represents a significant innovation.
Geographic importance. The structure meets the criteria of geographic
importance if:
A.
No permit for the demolition of a significant structure or part thereof
shall be issued except as provided in this bylaw, as well as in conformity
with the provisions of other laws and ordinances applicable to the
demolition of buildings and the issuance of permits generally.
B.
Application contents. Every application for a demolition shall be
filed with the Building Inspector and shall contain the following
information:
(1)
The
address of the building to be demolished;
(2)
The
owner's name, address and telephone number;
(3)
A brief
description of the type of building and the condition requiring issuance
of the permit;
(4)
Date
of building as established by the Board of Assessors, deed or documentation
verifying year of construction; and
(5)
A brief
description of the proposed reuse, reconstruction or replacement on
the premises upon which the building is located.
C.
Within seven working days from receipt of any application for demolition
permit, the Building Inspector shall forward a copy to the Plympton
Historical Commission. No demolition permit shall be issued during
this time.
D.
Within 10 working days after receipt of the application for demolition
permit by the Commission, the Commission or its designee shall make
a determination of architectural and/or historical significance. Upon
determination by the Commission that the building is not architecturally
and/or historically significant, the Commission shall so notify the
Building Inspector in writing. Upon receipt of such notification,
or after the expiration of 15 working days from the date of submission
to the Commission, if the Building Inspector has not received notification
from the Commission, the Building Inspector may issue the demolition
permit.
E.
Upon determination by the Commission that the building is historically
and/or architecturally significant, the Building Inspector and applicant
shall be so notified in writing, and a demolition permit shall not
be issued. The Commission shall hold a public hearing within 30 days
of the determination of significance to determine whether the building
should be preferably preserved. Public notice of the time, place and
purpose of the hearing shall be published by the Building Department
at the expense of the applicant in a newspaper of general circulation
in the Town not less than seven days before the day of said hearing
and shall be posted in a conspicuous place in the Town House for a
period of not less than seven days before the day of said hearing.
F.
If after a public hearing the Commission determines that the significant
building should not be preferably preserved, the Commission shall
notify the Building Inspector, who may issue a demolition permit upon
receipt of the written decision.
G.
If after a public hearing the Commission determines that the significant
building should be preferably preserved, the Commission shall so notify
the Building Inspector in writing within five working days of the
hearing, and no demolition permit may be issued until 18 months after
the date of the determination by the Commission.
H.
Notwithstanding anything contained in Subsection G, the Building Inspector may issue a demolition permit for a preferably preserved building at any time after receipt of written advice from the Commission to the effect that either:
(1)
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 such building; or
(2)
The Commission is satisfied that for at least 18 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.
Once a significant building is determined to be a preferably
preserved building, the owner shall be responsible for properly securing
the building, if vacant, to the satisfaction of the Building Inspector.
Should the owner fail to so secure the building, a subsequent destruction
of the building at any time during the eighteen-month demolition delay
period, which destruction could have been prevented by the required
security measures, shall be considered a demolition in violation of
this bylaw.
A.
Notwithstanding the above provisions, the Building Inspector may
issue a demolition permit at any time in the event of imminent and
substantial danger to the health and safety of the public due to deteriorating
conditions. Prior to doing so, the Building Inspector shall inspect
the building and document, in writing, the findings and reasons requiring
an emergency demolition, a copy of which shall be forwarded immediately
to the Commission. Before allowing emergency demolition, the Building
Inspector shall make every effort to inform the Chairperson of the
Commission of his intention to allow demolition before he issues a
permit for emergency demolition.
B.
No provision of this bylaw is intended to conflict with or abridge
any obligations or rights conferred by Massachusetts General Laws
Chapter 143 regarding removal or demolition of dangerous or abandoned
structures. In the event of a conflict, the applicable provisions
of Chapter 143 shall control.
A.
The Commission is authorized to adopt rules and regulations to carry
out its duties and functions under this bylaw.
B.
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 bylaw or to prevent a threatened 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 years after the date of the completion
of such demolition. As used herein, "premises" refers to the parcel
of land upon which the demolished significant building was located
and all adjoining parcels of land under common ownership or control.
D.
Notwithstanding the foregoing, whenever the Commission shall, on its own initiative or on application of the landowner, determine that earlier reconstruction, restoration or other remediation of any demolition in violation of this bylaw better serves the intent and purpose of this bylaw, it may, prior to the expiration of said period of two years, authorize issuance of a building permit, upon such conditions as the Commission deems necessary or appropriate to effectuate the purposes of this bylaw, and may so notify the Building Inspector pursuant to § 130-3H of this bylaw.
Nothing in this bylaw 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 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.
