Any building proposed for demolition or significant alteration, in whole or in part, built before 1921 or those built after this date which have otherwise been determined by the Historic Commission to be potentially historically or architecturally significant based on established criteria shall be referred to the Historic Commission for a public hearing to determine if they are "preferably preserved." Any building which the Historic Commission determines to be preferably preserved shall not be demolished within 12 months of such determination in order for the Historic Commission and the Town to seek alternatives to demolition in order to protect the historic character of the community.
This chapter is enacted for the purpose of preserving and protecting historic and architecturally significant buildings within the Town of Fairhaven 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.
A.
This chapter provides:
(1)
An opportunity to develop preservation solutions for significant buildings threatened with demolition;
(2)
An opportunity to inform residents of the Town of impending demolitions of significant buildings;
(3)
A reasonable time for public notice and discussion by interested parties to preserve such buildings;
(4)
An opportunity to create an historical record, including photographs, of significant buildings prior to demolition.
B.
Owners of significant buildings will be encouraged to:
(1)
Seek out alternative options that will preserve, rehabilitate or restore such buildings; or
(2)
Seek out persons who might be willing to purchase such buildings in order to preserve, rehabilitate, or restore such buildings rather than demolish them.
C.
To achieve these purposes, the Fairhaven Historical Commission is authorized to advise the Town of Fairhaven Building Inspector with respect to demolition permit applications. The issuance of demolition permits is regulated as provided by this chapter. The Historical Commission shall review all buildings that are proposed for demolition or significant alteration that are potentially historically or architecturally significant. If, after a public hearing, the Historical Commission determines that the building(s) is/are "preferably preserved," then a twelve-month demolition delay shall begin in order to seek alternative options. The Historical Commission, in conjunction with the Planning Board, may develop incentives in order to encourage preservation of Fairhaven's historic structures and small town charm.
DEMOLITION OR SIGNIFICANT ALTERATION, IN WHOLE OR IN PART Any act of pulling down, destroying, removing, dismantling or razing a building or any substantial portion thereof or commencing the work of total or substantial destruction with the intent of completing the same, or removal of the building from its site with the intent to relocate it to another site. A substantial portion or substantial destruction of a building is defined as either half the volume of the building or half its value, as determined by the Building Commissioner. A building shall be considered to be demolished if more than 25% of the front, back or side elevations are removed or covered so as to substantially obliterate the original design. Each elevation shall be calculated separately.
PREFERABLY PRESERVED Any historically or architecturally significant building that the Commission determines, following a public hearing, is in the public interest to be preserved or rehabilitated rather than demolished. A preferably preserved building is subject to a demolition review period as stated in this chapter of up to 12 months.
POTENTIALLY SIGNIFICANT BUILDING Any building within the Town of Fairhaven, in whole or in part, that was built before 1921, or has otherwise been determined by the Historical Commission to be potentially historically significant based on any of the following criteria:
A. The building or area is listed on the National or State Register of Historic Places; or
B. The building or area is eligible to be listed on the National or State Register of Historic Places; or
C. 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 Fairhaven or the Commonwealth of Massachusetts; or
D. 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.