[8-8-2023 by Ord. No. 2023-O-54[1]]
This chapter is enacted for the purpose of preserving and protecting
significant buildings within the City of Watertown ("City") which
are outside designated local Historic Districts and to encourage owners
of the buildings to seek out persons who might be willing to purchase,
preserve, rehabilitate, or restore the buildings rather than demolish
them. To achieve these purposes, the Watertown Historical Commission
(the "Commission") is empowered to make certain determinations related
to the issuance of permits for demolition or substantial demolition
of significant buildings. The issuance of said permits for significant
buildings is regulated as provided in this chapter.
[1]
Editor's Note: This ordinance also repealed former Ch.
153, Demolition of Historic Buildings, adopted 10-28-1997 by Ord.
No. 97, as amended.
[8-8-2023 by Ord. No. 2023-O-54]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any person or entity who files a permit application with
the Building Commissioner (as defined herein).
Any combination of materials forming a shelter for persons,
animals, or property.
The person occupying the office of Building Commissioner
or a designee.
The Watertown 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 and/or demolition permit issued by the Building
Commissioner or a designee approving a permit application as defined
herein.
An application for the demolition of a building or for renovations
or alterations that constitute a substantial demolition as defined
herein. For purposes of this chapter, a permit application seeking
solely to demolish the interior of a building is not a permit application.
Any significant building which the Commission determines,
following a public hearing, is better preserved than demolished. A
preferably preserved building is subject to imposition of a demolition
delay period as set forth in this chapter. Factors the Commission
may consider in making this determination include the following:
Any building or portion thereof not within an Historic District
which is 50 years or more old and which has been determined by the
Commission 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 City 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.
Proposed renovation, alteration or other work on a building
that is tantamount to demolition because it involves the pulling down,
destruction or removal of a substantial portion of the exterior of
a building or structure or the removal of architectural elements which
define or contribute to the historic character of the building(s).
The person occupying the office of Zoning Enforcement Officer
or otherwise authorized to make administrative determinations of zoning
compliance.
[8-8-2023 by Ord. No. 2023-O-54]
(A)
Applicability. No building or demolition permit for a building which
is in whole or in part 50 years or more years old shall be issued
without following the provisions of this chapter. If a building is
of unknown age, it shall be assumed that the building is over 50 years
old for the purposes of this chapter.
(B)
Demolition application. When the Building Commissioner receives an application proposing to demolish a building subject to this chapter the Commissioner shall within five business days of receipt forward a copy of the application to the Chair of the Commission to conduct a preliminary review as set forth in § 153.04.
(C)
Renovation/alteration (building permit) application. If an application
for a permit to renovate or alter a building subject to this chapter
includes exterior demolition as part of its application, the Building
Commissioner shall forward said application to the Zoning Enforcement
Officer within two business days of receiving the application for
a determination as to whether the proposed work constitutes substantial
demolition.
(1)
If the Zoning Enforcement Officer determines, pursuant to the Department of Community Development and Planning's ("Department") demolition delay regulations, that such an application constitutes substantial demolition, the Zoning Enforcement Officer shall within five business days of receiving the application notify the Building Commissioner of the determination and forward a copy of the application to the Chair of the Commission to conduct a preliminary review as set forth in § 153.04.
(2)
If the Zoning Enforcement Officer determines, pursuant to the
Department's demolition delay regulations, that the application
does not constitute a substantial demolition, the Zoning Enforcement
Officer shall within five business days of receiving the application
notify the Building Commissioner in writing of the determination.
Upon being notified of such determination the Building Commissioner
may issue the building permit if all other requirements pertaining
to the requested permit are met.
[8-8-2023 by Ord. No. 2023-O-54]
Within 15 days after receipt of a copy of a permit application,
the Chair (or Acting Chair, if applicable) and a second Commission
member designated by the Chair shall either:
(A)
Make a written determination that the building is not significant
and so advise the Historical Commission and the Building Commissioner
in writing, after which the Building Commissioner may issue the demolition
or building permit for the renovation/alteration if all other requirements
pertaining to the requested permit are met; or
[8-8-2023 by Ord. No. 2023-O-54]
(A)
The Commission shall hold a public hearing at its next regularly
scheduled meeting on all applications reviewed for historic significance
which did not receive a written determination that the building or
buildings were not significant. Public notice of the time, place and
purpose of the hearing shall be disseminated as follows:
(1)
Written notice posted at the Administration Building and on
an internet website operated by the City of Watertown at least 14
days before the hearing; and
(2)
Written notice mailed to the applicant, to the owners (as they
appear on the most recent local tax list) of all property abutting
the subject property and all abutters to the abutters within 300 feet
of the property line, and to the other persons as the Commission shall
deem entitled to notice, at least seven days before the hearing.
(3)
In addition to the above requirements, the Commission may also
require that applicants post a written notice at the Watertown Free
Public Library and/or on an internet website offering local news and
public notices online at least 14 days before the hearing.
(B)
The Commission may request that an applicant for a permit for demolition
or renovation/alteration that is the subject of a public hearing under
Subsection (A) provide additional information about the building(s),
including the reason for proposing exterior demolition, the building's
condition, and a description of the proposed reuse, reconstruction
or replacement of the exterior elements that would be demolished.
(C)
The Commission shall decide at the public hearing whether the building
is significant, whether it should be preferably preserved, and whether
a demolition delay period will be imposed. The determination of the
Commission may be postponed if agreed in writing by the applicant.
(1)
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 during
the time period set by the Commission, starting from the date of the
determination, and lasting no more than 24 months. In setting the
duration of the demolition delay, the Commission may consider the
criteria used in determining that a building is preferably preserved
and may also consider whether the owner has already made bona fide
and reasonable efforts to preserve all or part of the building.
(2)
The Commission shall notify the Building Commissioner and applicant
in writing if the Commission determines that the building is not preferably
preserved. The Building Commissioner may then issue the demolition
permit if all other requirements pertaining to the requested permit
are met.
(D)
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. 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
chapter.
(E)
The Building Commissioner may issue a demolition permit for a preferably
preserved significant building, if all other requirements pertaining
to the requested permit are met, once the delay period set by the
Commission has expired or at any time after receipt of written communication
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 the building; or
(2)
The Commission is satisfied that for at least six months the
owner has made continuing bona fide and reasonable efforts to locate
a purchaser to preserve, rehabilitate and restore the subject building,
and that the efforts have been unsuccessful.
[8-8-2023 by Ord. No. 2023-O-54]
The Commission may adopt such rules, regulations and guidance
as are necessary to administer the terms of this chapter. The Commission
is authorized to adopt a schedule of reasonable fees to cover the
costs associated with the administration of this chapter. The Commission
may proactively develop a list of significant buildings that will
be subject to this chapter. Buildings proposed for the significant
building list shall be added following a public hearing.
[8-8-2023 by Ord. No. 2023-O-54]
(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 chapter or to prevent a threatened violation
thereof.
(B)
No building permit shall be issued with respect to any premises upon
which a significant building has been voluntarily demolished in violation
of this chapter for a period of three years after the date of the
completion of the demolition unless the building permit is for the
faithful recreation of the demolished building. As used herein, "premises"
includes the parcel of land upon which the demolished significant
building was located or any adjoining parcels of land under common
ownership.
(C)
Upon a determination by the Commission that a building is a preferably
preserved significant building, the owner shall be responsible for
properly securing the building to the satisfaction of the Building
Commissioner. Should the owner fail to secure the building, the loss
of the building through fire or other cause shall be considered voluntary
demolition for the purposes of Subsection (B) of this section.
[8-8-2023 by Ord. No. 2023-O-54]
Nothing in this chapter shall be construed to derogate the authority
of the Inspector of Buildings (which term includes Building Commissioner)
derived from Mass. Gen. Laws Ch. 143. However, before acting pursuant
to that chapter, the Building Commissioner shall make every reasonable
effort to inform the Chair of the Historical Commission of the Building
Commissioner's intention to cause demolition.
[8-8-2023 by Ord. No. 2023-O-54]
Anyone who demolishes or substantially demolishes a significant
building without first obtaining and complying fully with the provisions
of a demolition or building permit in accordance with this chapter
will be subject to a fine of $300 for each day that the violation
continues, in addition to any fine that may be imposed for failure
to comply with the State Building Code.
