[HISTORY: Adopted by the Annual Town Meeting of the Town of Groton 4-26-2025 ATM by Art. 12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article repealed and replaced former Ch. 125, Demolition Delay, adopted 4-24-2006 by Art. 15; amended 10-1-2018 ATM by Art. 16.
A. 
The Demolition Delay Bylaw is enacted for the purpose of preserving and protecting significant buildings within the Town of Groton. Such buildings reflect distinctive features of the architectural, cultural, economic, political or social history of the Town, and their preservation protects these historic architectural assets which contribute to the overall culture of the community.
B. 
The intent of the bylaw is to provide an opportunity to develop preservation solutions for distinctive and preserved historic properties threatened with demolition. The bylaw is intended to encourage owners and townspeople, with assistance from the Groton Historical Commission, 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 Groton Historical 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 chapter, to allow demolition under conditions designed to minimize the loss of distinctive features of significant buildings. The issuance of demolition permits is regulated as provided by this bylaw.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person or persons who is either the owner or legally representing the owner and applying for a permit to demolish any building or structure. The applicant may not apply for a permit to demolish any building or structure on behalf of a future owner. The process outlined in this Bylaw resets upon the transfer of ownership of a property.
BUILDING
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.
BUILDING INSPECTOR
The Town of Groton Building Commissioner, who is charged with the administration and enforcement of the State Building Code, 780 CMR, and is authorized to issue demolition permits.
COMMISSION
The Groton Historical Commission, which is charged with the identification, documentation and preservation of the historical resources of Groton.
DEMOLITION
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. Substantial demolition is defined as irreparably removing or altering any historically significant feature of a structure or removing 25% of the volume of the structure or 25% of the roof structure. This includes rebuilding any portion of a structure in which more than 50% of the materials are replaced.
DEMOLITION PERMIT
The permit issued by the Building Inspector as required by the State Building Code for the demolition, substantial demolition or removal of a building.
HISTORICALLY OR ARCHITECTURALLY SIGNIFICANT BUILDING
Any building which, in whole or in part, is at least 75 years old, or is of unknown age and:
A. 
Is listed on, or is a contributing building within an area listed on, the National Register of Historic Places, or is the subject of a pending application for such listing, or is eligible for such listing; or
B. 
Is included in the Cultural Resources Inventory prepared by the Historical Commission; or
C. 
Has been determined by vote of the Historical Commission to be a significant building after a finding by the Historical Commission that the building meets one or more of the following three criteria:
(1) 
Historical importance. The building meets the criterion of historical importance if it:
(a) 
Has character, interest or value as part of the development, heritage or cultural characteristics of the Town of Groton, the Commonwealth of Massachusetts or the nation; or
(b) 
Is the site of an historic event; or
(c) 
Is identified with a person or group of persons who had significant influence on society; or
(d) 
Exemplifies the cultural, political, economic, social or historic heritage of the community.
(2) 
Architectural importance. The structure meets the criterion of architectural importance if it:
(a) 
Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style; or
(b) 
Embodies those distinguishing characteristics of an architectural type; or
(c) 
Is the work of an architect, master builder or craftsman whose individual work has influenced the development of the Town of Groton or a wider region; or
(d) 
Contains elements of architectural design, detail, materials or craftsmanship, which represents a significant innovation.
(3) 
Geographic importance. The structure meets the criterion of geographic importance if:
(a) 
The site is part of or related to a square, park, or other distinctive area; or
(b) 
The structure, as to its unique location or its physical characteristics, represents an established and familiar visual feature of the neighborhood, village center, or the community as a whole.
A. 
No permit for the demolition of a significant building or part thereof shall be issued except as provided in this chapter, as well as in conformity with the provisions of other laws and bylaws applicable to the demolition of buildings and the issuance of permits generally.
B. 
Application contents. Every application for a demolition permit 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) 
Age of building as established by the Board of Assessors, deed or documentation verifying year of construction;
(5) 
A brief description of the proposed reuse, reconstruction or replacement;
(6) 
Photographs clearly depicting the building in question.
C. 
Within seven days after receipt of any application for a demolition permit, the Building Inspector shall forward a copy to the Commission. No demolition permit shall be issued during this time.
D. 
Within 30 days after receipt of a copy of the application for demolition permit from the Building Inspector, the Historical Commission or its designee shall make a determination of architectural and/or historical significance ("determination of significance"). Upon determination by the Historical Commission that the building is not architecturally and/or historically significant, the Historical Commission shall so notify the Building Inspector and the applicant in writing. Upon receipt of such notification, or after the expiration of 30 days from the date of application submission to the Building Department if the Building Inspector has not received notification from the Historical Commission, the Building Inspector may issue the demolition permit. Upon determination by the Historical Commission that the building is historically and/or architecturally significant, the Building Inspector and the applicant shall be so notified by the Historical Commission in writing within 30 days from the date of application submission to the Building Department, and a demolition permit shall not be issued.
E. 
The Historical 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 Historical Commission at the expense of the applicant in a newspaper of general circulation in the Town or online platform of comparable reach, as approved by the Commission, not less than 14 days before the day of said hearing and shall be posted on the Town's website for the same period.
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 after a public hearing the Historical Commission determines that the significant building should not be preferably preserved, the Historical Commission shall, within 21 days after the hearing, notify in writing the Building Inspector and the applicant of the determination and the Building Inspector may issue a demolition permit upon receipt of the written determination.
H. 
If after a public hearing the Historical Commission determines that the significant building should be preferably preserved ("preservation determination"), the Historical Commission shall, within 21 days after the hearing, notify in writing the Building Inspector and the applicant, and no demolition permit may be issued until 24 months after the date of the preservation determination by the Historical Commission, and the applicant has met the requirements outlined in § 125-4.
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 24 months from the date of the determination unless otherwise agreed to by the Commission when required for safety, building integrity, or as part of a plan to preserve the building.
J. 
Following the twenty-four-month delay period, 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 Inspector and have found to comply with all laws pertaining to the issuance of a building permit and any other approvals necessary for the intended use. 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 section.
K. 
If the site is proposed to be vacant, the property owner must file a signed affidavit with the Building Inspector attesting that no development is planned for the site and that it will remain in a vacant state for the foreseeable future. No permit for any type of construction may be granted for the property in question under this subsection for an additional period of 24 months following the expiration of the demolition delay, unless an exemption is granted by the Historical Commission when part of a plan to construct a comparable replacement to the demolished building.
L. 
Notwithstanding anything contained in Subsection G, the Building Inspector may issue a demolition permit for a building with a preservation determination at any time after receipt of written advice from the Historical Commission to the effect that either:
(1) 
The Historical 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 Historical Commission is satisfied that for at least 24 months the applicant 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.
A. 
Once a significant building is given a determination of significance by the Historical Commission, the applicant and owner shall be responsible for properly securing the building to the satisfaction of the Building Inspector, whether occupied or vacant. Should the applicant fail to so secure the building and the significant building is destroyed at any time during the twenty-four-month demolition delay period and such destruction could have been prevented by the required security measures as determined by the Building Inspector, it shall be considered a demolition in violation of this chapter.
B. 
Also, the applicant shall allow the Historical Commission or a designee appointed by the Historical Commission access to the significant building and property, for the purpose of documenting the building under the survey process of the Massachusetts Historical Commission and for the purpose of showing the building to prospective purchasers or preservers.
C. 
During the entire twenty-four-month demolition delay period, the property owner shall make a good faith effort to sell the property in order to preserve the building, unless granted an exemption by vote of the Historical Commission where the owner has demonstrated that such efforts will be futile. "Good faith efforts" shall include the following:
(1) 
The significant building must be sold along with the land on which it currently sits to maintain its historic context. For the avoidance of doubt this requirement cannot be satisfied by the owner offering the building to be moved to another location, unless such relocation is approved by the Historical Commission. The amount of land to be sold with the significant building shall be governed by all applicable zoning regulations. If legally permitted, this may include the subdivision of the property. Any related expenses will be borne by the applicant.
(2) 
The property in question must be publicly advertised for sale. This includes the conspicuous posting of such notice on the property, as well as in at least one other suitable public outlet typically utilized by persons offering real estate for sale (including, but not limited to, the Multiple Listing Service). This shall be done at the owner's sole expense. The twenty-four-month demolition delay period shall not begin until the provisions of this section are met and the applicant informs the Commission of such. If at any time during the demolition delay period the applicant ceases to meet the provisions of this section, the delay period may be paused until the provisions are once again met. The Commission will notify the applicant of any such pause, and the reason for the same.
(3) 
The offer for sale must be constructed in a bona fide and commercially reasonable manner. The object of this provision is limited to preventing the owner from impeding the preservation of the property by offering the property for sale other than on commercially reasonable terms.
(4) 
If the owner declines an offer to purchase the property in question and does not accept another offer within two weeks, the applicant must inform the Commission, in writing, of the offer price and the reason that the offer was declined. The owner shall document such good faith efforts and provide reports to the Commission, at least once every two months during the delay period, of such good faith efforts.
A. 
Notwithstanding the other provisions of this chapter, 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 Historical 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.
B. 
No provision of this chapter 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 Historical Commission is authorized to adopt rules and regulations to carry out its duties and functions under this chapter.
B. 
The Historical Commission is specifically authorized to institute any and all actions and proceedings, in law or equity, as it may deem necessary and appropriate to obtain compliance with the requirements of this chapter or to prevent a threatened violation thereof.
C. 
No building permit for any premises upon which a significant building has been voluntarily demolished in violation of this chapter shall be issued for a period of two years after the date of the completion of such demolition. The design shall first be reviewed, and must be accepted by, the Historical Commission. 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 Historical Commission shall, on its own initiative or on application of the applicant, determine that earlier reconstruction, restoration or other remediation of any demolition in violation of this chapter better serves the intent and purpose of this chapter, it may, prior to the expiration of said period of two years, authorize issuance of a building permit, upon such conditions as the Historical Commission deems necessary or appropriate to effectuate the purposes of this chapter, and may so notify the Building Inspector.
E. 
If the property owner fails to abide by the terms of § 125-4, the Historical Commission may pause the demolition delay period until the provisions are met.
F. 
The Commission is authorized to adopt a schedule of reasonable fees to cover the costs associated with the administration of this bylaw.
G. 
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 fine of not more than $300. Each day the violation exists shall constitute a separate offense until a faithful recreation of the demolished building is completed or unless otherwise agreed to by the Commission.
Nothing in this chapter shall be deemed to conflict with the provisions of the Historic Districts Act, Massachusetts General Laws Chapter 40C. If any of the provisions of this chapter do so conflict, that act shall prevail. 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 Massachusetts General Laws, Chapter 40C, the Historic Districts Act. The steps required under M.G.L. Chapter 40C shall be followed prior to the establishment of a local historic district. Buildings included within the boundaries of a local historic district established under M.G.L. Chapter 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 chapter is for any reason declared invalid or unconstitutional by any court of competent jurisdiction, every other section, paragraph and part shall continue in full force and effect.