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.