[HISTORY: Adopted by the Special Town Meeting of the Town
of Southampton 10-20-2015 (Art.
XXXIX of the General Bylaws). 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 Commissioner/Inspector with respect
to demolition permit applications. The issuance of demolition permits
is regulated as provided by this bylaw.
Any person, entity or approved licensed contractor who 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/Inspector
or otherwise authorized to issue demolition permits.
The Southampton 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 Commissioner/Inspector
for a demolition of a building, excluding a building permit issued
solely for the demolition of the interior of a building.
A database maintained by the Massachusetts Historical Commission
containing information on historic properties.
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 of Southampton 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 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.
No demolition permit for a building which is in whole or in
part 100 years or more old and/or listed on the Massachusetts Cultural
Resource Inventory System for Southampton 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.
A.
An applicant proposing to demolish a building subject to this bylaw
shall file with the Building Commissioner/Inspector 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.
B.
The Building Commissioner/Inspector shall within seven days forward
a copy of the application to the Commission. The Commission shall
within 15 days after receipt of the application make a written determination
of whether the building is significant.
C.
Upon determination by the Commission that the building is not significant,
the Commission shall so notify the Building Commissioner/Inspector
and applicant in writing. The Building Commissioner/Inspector may
then issue the demolition permit.
D.
Upon determination by the Commission that the building is significant,
the Commission shall so notify the Building Commissioner/Inspector
and the applicant in writing. No demolition permit may be issued at
this time. If the Commission does not notify the Building Commissioner/Inspector
within 15 days of receipt of the application, the Building Commissioner/Inspector
may proceed to issue the demolition permit.
E.
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/Inspector. 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 Commissioner/Inspector
shall be notified in writing of the meeting time and place.
F.
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.
G.
If the Commission determines that the building is not preferably
preserved, the Commission shall so notify the Building Commissioner/Inspector
and applicant in writing. The Building Commissioner/Inspector may
then issue the demolition permit.
H.
If the Commission determines that the building is preferably preserved,
the Commission shall notify the Building Commissioner/Inspector 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/Inspector in writing within 21 days of the
public hearing, the Building Commissioner/Inspector may issue the
demolition permit.
I.
Upon a determination by the Commission that a building is preferably
preserved, no building permit for new construction or alterations
to the subject building 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/Inspector
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, permits or approvals, 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/Inspector 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/Inspector
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/Inspector
may issue the demolition permit, a copy of which shall be provided
to the Historical Commission.
A.
The Commission may adopt such rules and regulations as are necessary
to administer the terms of this bylaw.
B.
The Commission is authorized to adopt a schedule of reasonable fees
to cover the costs associated with the administration of this bylaw
payable by the applicant. All fees must be approved by the Select
Board.
C.
The Commission may delegate authority to make initial determinations
of significance to one or more members of the Commission or to a municipal
employee.
D.
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.
[Amended 5-9-2023 ATM
by Art. 31]
If after an inspection the Building Commissioner/Inspector finds
that a building subject to this bylaw poses 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, then the Building Commissioner/Inspector may issue an
emergency demolition permit to the owner of the building. The Building
Commissioner/Inspector 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 the Building Commissioner/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.
B.
Any owner of a building subject to this bylaw that demolished the building without first obtaining a demolition permit in accordance with the provisions of this bylaw shall be subject to a penalty as provided in Chapter 203, Noncriminal Disposition. 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.
[Amended 5-9-2023 ATM
by Art. 31]
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 c. 40C,
the Historic Districts Act. The steps required under MGL c. 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 c. 40C. If any of the provisions
of this bylaw do so conflict, that Act shall prevail. Buildings included
within the boundaries of a local historic district established under
MGL c. 40C shall not be subject to this bylaw so long as the proposed
demolition is regulated by the local historic district bylaw.
In case any section, paragraph or part of this bylaw be for
any reason declared invalid or unconstitutional by any court, every
other section, paragraph, and part shall continue in full force and
effect.
