[Adopted AFTM 11-14-2006, Art. 53, approved 3-6-2007]
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 significant buildings are encouraged to seek out alternatives
to demolition 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,
and the streetscapes and neighborhoods they form, this bylaw makes
the Town a more attractive and desirable place in which to live and
work. To achieve these purposes and thereby promote the public welfare,
the Historical Commission is authorized to advise the Building Commissioner
with respect to demolition permit applications. The issuance of demolition
permits is regulated as provided by this bylaw.
As used in this article, the following terms
shall have the meanings indicated:
ADVISORY REVIEW
A discussion by the Historical Commission with the applicant
of why the building should be preserved and ways to avoid demolition.
[Added STM 4-8-2014,
Art. 1, approved 4-14-2014]
APPLICANT
Any person or entity who files an application for, or a request
for review of demolition relative to, 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.
APPLICATION
An application for the demolition of a building.
BUILDING
Any combination of materials forming a shelter for persons,
animals, or property.
BUILDING COMMISSIONER
The person occupying the office of Building Commissioner
or otherwise authorized to issue demolition permits.
COMMISSION
The Falmouth Historical Commission or its designee.
DEMOLITION
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.
DEMOLITION PERMIT
The building permit issued by the Building Inspector for
a demolition of a building, excluding a building permit issued solely
for the demolition of the interior of a building.
LETTER OF CERTIFICATION
A letter from the Town Clerk noting the date on which a request
for review of demolition has been recorded and indicating whether
the building is on the List of Significant Buildings. The Town Clerk
shall send this letter to the Building Commissioner and the Historical
Commission with a copy of the request for review of demolition.
LIST OF SIGNIFICANT BUILDINGS
A list, to be created by the Historical Commission and kept
by the Town Clerk, of significant buildings as determined according
to the provisions of this article. (See "significant building.")
SIGNIFICANT BUILDING
Any building within the Town, but not within a Local Historic
District, which has been determined by the Commission, according to
the provisions of this article, to be significant based on any of
the following criteria:
A. The building is listed on, or is within an area listed
on, the National or State Register of Historic Places; or
B. The building has been found eligible for 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 or the
commonwealth; 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, a streetscape, or a neighborhood.
REQUEST FOR REVIEW OF DEMOLITION
A request from an applicant to the Town Clerk, and through
the Clerk to the Historical Commission, for a certification by the
Town Clerk of whether a building is on the List of Significant Buildings,
and if the building is so listed, for an advisory review by the Historical
Commission of the proposed demolition.
[Amended STM 4-8-2014, Art. 1, approved 4-14-2014]
After an Advisory review meeting of the applicant
(or their representative) with the Historical Commission members in
the presence of abutters and the general public, the applicant may
request a waiver. The Historical Commission may issue a waiver of
delay allowing the demolition to proceed immediately, or at a specific
time, or upon fulfillment of specified conditions by the applicant,
if the Commission deems such a waiver to be in the best interests
of the Town and in pursuit of the purpose of this article. Upon receipt
of such a waiver, and written notice from the Historical Commission
that the conditions of the waiver, if any, have been fulfilled, the
Building Commissioner may issue a demolition permit for the building.
The Commission shall develop a List of Significant
Buildings that will be subject to this bylaw. Buildings proposed for
the List shall be added following a public hearing. 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
(7) days prior to the date of said hearing and the owner shall be
notified in writing of the meeting time and place.
If after an inspection, the Building Commissioner
finds that a building subject to this bylaw is found to pose 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 or structure, then the Building Commissioner may issue
an emergency demolition permit to the owner of the building or structure.
The Building Commissioner shall then prepare a report explaining the
condition of the building and the basis for his decision which shall
be forwarded to the Commission.
[Amended STM 4-8-2014, Art. 1, approved 4-14-2014]
This bylaw shall take effect January 1, 2008.
The terms of the previous Demolition Delay Bylaw will continue to
be in effect for demolition permit applications delivered to the Town
Clerk on or before December 31, 2007. Upon approval of this article by the Office of the Attorney General, the Historical Commission shall have the authority to begin development of a List of Significant Buildings in accordance with the provisions of §§
107-2 and
107-5 of this article.
Information here is standard form depending on the dates of
Town Meeting action and the Massachusetts Attorney General action;
some information remains the same.
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.