[HISTORY: Adopted by the Annual Town Meeting
of the Town of Groton 4-24-2006 by Art. 15. Amendments noted where applicable.]
A.
The Demolition Delay Bylaw is enacted for the purpose
of preserving and protecting significant buildings within the Town
of Groton which are outside Local Historic Districts. 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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
The Groton Historical Commission, which is charged with the
identification, documentation and preservation of the historical resources
of Groton.
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.
The permit issued by the Building Inspector as required by
the State Building Code for the demolition, substantial demolition
or removal of a building.
Any building which, in whole or in part, is at least 75 years
old, or is of unknown age and:
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
Is included in the Cultural Resources Inventory
prepared by the Historical Commission; or
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:
Historical importance. The building meets the
criterion of historical importance if it:
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
Is the site of an historic event; or
Is identified with a person or group of persons
who had significant influence on society; or
Exemplifies the cultural, political, economic,
social or historic heritage of the community.
Architectural importance. The structure meets
the criterion of architectural importance if it:
Portrays the environment of a group of people
in an era of history characterized by a distinctive architectural
style; or
Embodies those distinguishing characteristics
of an architectural type; or
Is the work of an architect, master builder
or craftsman whose individual work has influenced the development
of the Town of Groton; or
Contains elements of architectural design, detail,
materials or craftsmanship, which represents a significant innovation.
Geographic importance. The structure meets the
criterion of geographic importance if:
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.
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 14 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 25 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 25 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 not less than 14 days before the day of said
hearing and shall be posted in a conspicuous place in the Town Hall
for a period of not less than seven days before the day of said hearing.
F.
If after a public hearing the Historical Commission
determines that the significant building should not be preferably
preserved, the Historical Commission shall, within five 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.
G.
If after a public hearing the Historical Commission determines that
the significant building should be preferably preserved ("preservation
determination"), the Historical Commission shall, within five days
after the hearing, notify in writing the Building Inspector and the
applicant, and no demolition permit may be issued until 18 months
after the date of the preservation determination by the Historical
Commission.
[Amended 10-1-2018 ATM
by Art. 16]
H.
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:
[Amended 10-1-2018 ATM
by Art. 16]
(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 18 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 eighteen-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.
[Amended 10-1-2018 ATM
by Art. 16]
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.
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.
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.
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.
