(Added 5-12-2025 by Ord. No. C0055-25)
(a) 
This division is intended to:
(1) 
Preserve and protect significant buildings within the city which constitute or reflect distinctive features of the architectural, cultural, political, economic or social history of the city; and
(2) 
Encourage owners of such buildings to seek out individuals who might be willing to purchase, preserve, rehabilitate or restore such buildings rather than demolishing them.
(b) 
In order to achieve these important purposes, the city's historical commission is authorized to advise and consult with the director of inspectional services/building commissioner, or his designee, with respect to the issuance of permits for the demolition of significant buildings.
(c) 
The issuance of demolition permits for significant buildings shall be regulated as set forth in this division.
(Added 5-12-2025 by Ord. No. C0055-25)
For the purposes of this division, the following definitions shall apply:
APPLICANT
Any person or entity seeking a demolition permit.
Building
Any combination of materials creating shelter for persons, animals or property.
COMMISSION
The Everett Historical Commission.
DEMOLITION
Any act of pulling down, destroying, removing, or razing 50% or more of a building, as such will necessitate the issuance of a demolition permit under the State Building Code.
DEMOLITION PERMIT
A permit issued by the director of inspectional services/building commissioner under the State Building Code for the demolition of a building or structure.
DEMOLITION PLAN
The plan submitted to the commission by the applicant setting forth the facts related to the property and its proposed use pursuant to Section 4-72(e) of this division.
DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER
The municipal officer authorized to issue demolition permits pursuant to the Massachusetts State Building Code.
MORATORIUM
A period of six months following the hearing date of the commission's determination of detriment regarding the demolition of a preferably preserved building.
PREFERABLY PRESERVED BUILDING
A significant building which is the subject of an application for a demolition permit and thereafter determined by vote of the commission to be worthy of preservation.
SIGNIFICANT BUILDING
Any building or portion thereof, not listed in the exemptions in Section 4-75, and which:
(a) 
Is listed on, or is within an area listed on, the State or National Register of Historic Places, or is the subject of a pending application for listing in said National Register; or
(b) 
Was built in whole or in part 80 or more years, based upon the records of the assessor's office, prior to the date of application of any demolition permit.
(Added 5-12-2025 by Ord. No. C0055-25)
(a) 
The director of inspectional services/building commissioner will hold in abeyance any application for a demolition permit affecting a significant building pending compliance with the procedures set forth herein.
(b) 
Within 10 days of receipt, the director of inspectional services/building commissioner will forward any application for a demolition permit affecting a significant building to the commission.
(c) 
The commission will hold a public hearing within 35 days of receipt of the application for the demolition permit. Such hearing may be adjourned at the discretion of the commission, but in no event shall the hearing be held open for longer than 60 days from receipt of the application for a demolition permit, unless the commission and the applicant agree otherwise.
(d) 
The commission shall give public notice of the hearing by:
(1) 
Publishing notice of the time, place and purpose of the hearing in a local newspaper at least 14 days prior to the hearing date; and
(2) 
By mailing a copy of said notice by first class mail at least 14 days prior to the hearing to:
a. 
The applicant;
b. 
The owners of all property directly abutting the property that is the subject of the application, as they appear on the most recent tax list;
c. 
To such other persons as the commission shall deem entitled to notice.
The applicant shall be responsible for the costs associated with the mailing, posting and publishing of the required notices.
(e) 
No less than 14 days before the public hearing, the applicant shall submit a sufficient number of copies of the demolition plan to the commission, as may be required by the commission, which shall include the following:
(1) 
An assessor's map or plot plan showing the location of the structure to be demolished on its property with reference to the neighboring properties;
(2) 
Photographs of all facade elevations of the subject property, street elevations of abutting properties and photos of the subject property in the context of its surroundings;
(3) 
A description of the structure to be demolished;
(4) 
The reason for the proposed demolition and data supporting said demolition;
(5) 
Data requested by the commission may include:
a. 
If the applicant or owner claims that the structure is structurally deficient, an independent licensed structural engineer's report from a qualified structural engineer with proven expertise in historic building techniques.
b. 
If the applicant or owner claims financial hardship:
1. 
An estimate from an architect, developer, contractor, or appraiser experienced in rehabilitation as to the cost to rehabilitate the building to the level of reasonable use or a reasonable profit can be realized from the property;
2. 
Appraised value from a licensed appraiser for the property's current condition, after completion of the proposed demolition, and after rehabilitation of the existing property for continued use;
3. 
Amount paid for the property; and
4. 
Proof of effort to obtain financing, tax incentives, or preservation grants to earn a reasonable economic return.
(6) 
A brief description of the proposed reuse of the property on which the structure to be demolished is located.
(f) 
The commission shall distribute copies of the demolition plan to the director of inspectional services/building commissioner, as well as any other city agency the commission deems appropriate.
(g) 
The commission will make one of either of the alternative determinations, which it will forward to the director of inspectional services/building commissioner:
(1) 
No detriment. The commission may determine that the demolition of the significant building would not be detrimental to the historical or architectural heritage or resources of the city.
(2) 
Detriment. The commission may determine that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the city, and is therefore a preferably preserved building based on the following criteria:
a. 
It is importantly associated with one or more historic persons or events, or with the architectural, cultural, political, economic or social history of the city or the Commonwealth of Massachusetts; or
b. 
It is historically or architecturally important by reason of period, style, method of building construction or association with a particular architect or builder, either by itself or in the context of a group of buildings.
The commission will forward a copy of its determination to the director of inspectional services/building commissioner, the applicant, the building owner, and the city clerk within 10 days of the commission's determination.
The failure to forward its determination as herein provided will be equivalent to a determination of no detriment.
(h) 
In the event of a determination of no detriment, or in the event that the building commissioner has not received a notice of the commission's determination of detriment within 10 days of the determination, then the director of inspectional services/building commissioner may issue the demolition permit, subject to the requirements of the State Building Code and any other applicable laws, rules, or regulations.
(i) 
In the event of a determination of detriment, the director of inspectional services/building commissioner will hold the application in abeyance for the issuance of a demolition permit regarding the preferably preserved building during the moratorium, which will be for a period of six months commencing from the date of the determination.
(j) 
Notwithstanding the foregoing, the director of inspectional services/building commissioner may issue a demolition permit regarding the preferably preserved building prior to the expiration of the moratorium, upon receipt of a determination by the commission that:
(1) 
The commission is satisfied that there is no reasonable likelihood that either the owner or some other person, group or entity is willing to purchase, preserve, rehabilitate or restore the preferably preserved building; or
(2) 
In exceptional circumstances, the commission has imposed additional conditions on an applicant, including but not limited to submission of photographic documentation and/or architectural rendering of the structure, salvage of materials, or installation of historic signage, and said conditions have been met.
(Added 5-12-2025 by Ord. No. C0055-25)
(a) 
If the director of inspectional services/building commissioner determines that the building poses an imminent threat to public health and safety and that immediate demolition of the building is warranted, the director of inspectional services/building commissioner may issue a demolition permit without requiring compliance with the provisions of this division.
(b) 
The director of inspectional services/building commissioner will make every reasonable effort to inform the chair of the commission of his order to require demolition.
(Added 5-12-2025 by Ord. No. C0055-25)
(a) 
The commission and the director of inspectional services/building commissioner are each authorized to institute any and all proceedings in law or in equity as they deem necessary and appropriate to obtain compliance with the requirements of this division, or to prevent a violation thereof.
(b) 
No building permit will be issued with respect to any premises upon which a significant building has been demolished in violation of this division for a period of two years after the date of the completion of such demolition. As used herein, "premises" will include the parcel of land upon which the demolished significant building was located, together with abutting parcels in common ownership.
(c) 
Upon filing an application for a demolition permit of a significant building, the owner will be responsible for properly securing and maintaining the building. Should the owner fail to secure the building, the loss of such building through fire or other cause will be considered a demolition in violation of this division for the purposes of Section 4-74(b).
(d) 
Any person or entity who engages in demolition in violation of this division may be subject to a fine of $300 per day said person is found in violation of this division, and a stop work order.
(Added 5-12-2025 by Ord. No. C0055-25)
This division shall not apply to any building or structure:
(a) 
Owned by the city and/or any of its various departments and agencies; and
(b) 
That has received a special permit, variance or site plan approval from the relevant permit granting authorities at the time of adoption of this division.
(Added 5-12-2025 by Ord. No. C0055-25)
In the event any section, paragraph or part of this division is declared invalid or unconstitutional by any court of competent jurisdiction, every other section, paragraph and part of this division shall continue in full force and effect.