[HISTORY: Adopted by ATM 5-6-1996 by Art. 23.
Amendments noted where applicable.]
A.
This chapter is enacted for the purpose of protecting
and conserving the architectural, historical and aesthetic resources of the
Town of Dover. Its aim is to encourage owners of "preferably-preserved historically
significant buildings" to seek ways to preserve, rehabilitate or restore such
buildings rather than demolish them. By furthering these purposes, this chapter
intends to preserve the cultural heritage of Dover.
B.
To achieve these goals, this chapter both empowers the
Dover Historical Commission to advise the Inspector of Buildings with regard
to the issuance of permits for demolition and regulates the issuance of demolition
permits for significant buildings.
As used in this chapter, the following terms shall have the meanings
indicated:
Any combination of materials having a roof and a permanent foundation
and forming a shelter for persons, animals or property. Examples include,
but are not limited to, houses, shops, barns and outbuildings.
The Dover Historical Commission.
The act of pulling down, destroying, removing or razing a building
or a substantial portion of a building or commencing the work of total or
substantial destruction with the intent of completing the same.
Any building which was wholly or in part constructed during or before
1929 and which is:
[Amended ATM 5-7-2002 by Art. 32]
Importantly associated with 1 or more historic persons or events or
with the architectural, cultural, political, economic or social history of
the Town of Dover or the Commonwealth of Massachusetts; or
Historically or architecturally important by reason of period, style,
method of construction or association with a particular architect or builder,
either by itself or in the context of a group of buildings or structures;
or
Listed on or within an area listed on the National Register of Historic
Places or the State Register of Historic Places, or pending listing on such
registers.
The person occupying the office of Inspector of Buildings or person(s)
otherwise authorized to issue demolition permits.
Any historically significant structure which, because of its importance
to the Town's historical or architectural resources or heritage, is in
the public interest to preserve, rehabilitate or restore.
A.
No permit for the demolition of a building shall be issued
except in conformity with the provisions of this chapter, as well as in conformity
with the provisions of other laws and bylaws applicable to the demolition
of buildings.
B.
No permit for the erection of a new structure which would
require the demolition of an existing building will be issued prior to the
issuance of a permit for demolition of such existing building.
C.
An application for demolition of a building shall be
made only by the person(s) or entity which is the owner of record at the time
of such application.
D.
When the Inspector of Buildings receives a completed
application for a demolition permit for a building, the Inspector of Buildings
shall submit a copy of such application to the Commission within 7 days of
filing and shall notify the applicant in writing of this action.
E.
Within 21 days after the receipt of such application
the Commission shall determine whether the building or structure is historically
significant. The Commission will notify the applicant of the meeting at least
7 days in advance of the meeting, and the applicant for the permit shall be
entitled to make a presentation to the Commission.
F.
If the Commission determines that the building or structure
is historically significant, it shall notify the Inspector of Buildings and
the applicant in writing that a demolition plan review must be made prior
to the issuance of a demolition permit. If the Commission fails to notify
the Inspector of Buildings and the applicant within 21 days after its receipt
of the application, then the building or structure shall be deemed not historically
significant and the Inspector of Buildings may issue a demolition permit.
G.
Within 60 days after the applicant is notified that the
Commission has determined that a building or structure is historically significant,
the applicant for the permit shall submit to the Commission 5 copies of a
demolition plan which shall include the following information:
(1)
A drawing showing the location of the building or structure
to be demolished;
(2)
A description of the building or structure, or part thereof,
to be demolished;
(3)
The date of the building as established by the Board
of Assessors, deed or other documentation verifying year of construction;
(4)
The reason for the proposed demolition with supporting
data;
(5)
A brief description of the proposed reuse of the parcel
on which the building or structure to be demolished is located; and
(6)
A certified list of abutters within 300 feet, notwithstanding
any intervening water.
H.
Within 45 days of the receipt of this demolition plan,
the Commission shall review the application at a public hearing of the Commission
to determine if the structure is preferably preserved. Public notice of such
hearing shall be published by the Commission at the expense of the applicant
in a local newspaper of the time, place and purpose of the hearing once in
each of 2 successive weeks, the first publication not less than 14 days before
the day of said hearing. The Commission shall also mail a copy of said notice
to the applicant and to all owners of all property within 300 feet of the
applicant's property as appearing on the most recent tax list, to the
Dover Planning Board and such other persons as the Commission shall deem established
to be notified.
I.
After a public hearing, if the Commission determines
that the demolition of the subject building would result in the demolition
of a significant building whose loss would be detrimental to the historical
or architectural heritage or resources of the Town, such building or structure
shall be considered a Preferably Preserved Historically Significant Structure
and the Commission shall so advise, in writing, both the applicant and the
Inspector of Buildings within 7 days of the hearing, and no demolition permit
shall be issued until 1 year after the date of such determination by the Commission.
[Amended ATM 5-7-2002 by Art. 32]
J.
During the one-year waiting period established above,
the applicant and the Commission shall make a good faith effort to find an
alternative use for the building that will result in its preservation. Alternatives
to demolition include, but are not limited to, incorporation of the building
into the future development of the site; adaptive reuse of the building; utilization
of financial incentives to rehabilitate the building; seeking a new owner
willing to purchase and preserve, restore or rehabilitate the building; or
moving or relocating the building.
[Amended ATM 5-7-2002 by Art. 32]
K.
If no viable alternatives to the demolition of the building
are found during the one-year waiting period, the owner of record shall cooperate
with the Commission by permitting reasonable access, with prior notice, to
the building for archival and documentation purposes for at least 30 days
prior to the expiration of the waiting period.
[Amended ATM 5-7-2002 by Art. 32]
L.
After a public hearing if the Commission determines that
the subject building is not a Preferably Preserved Historically Significant
Structure, the Commission shall notify the Inspector of Buildings within 7
days of the hearing and the Inspector of Buildings may issue a demolition
permit upon receipt of the written decision.
M.
Notwithstanding the preceding subsections, the Inspector
of Buildings may issue a demolition permit for a Preferably Preserved Historically
Significant Structure at any time after receipt of written advice from the
Commission to the effect that the Commission is satisfied that there is no
reasonable likelihood that the Preferably Preserved Historically Significant
Structure can be preserved, rehabilitated or restored.
A.
It shall be the responsibility of the applicant for a
demolition permit to assist in the facilitation of the above process of this
chapter by providing information; for allowing access to the property; for
securing the premises; for participating in the investigation of preservation
options; and for actively cooperating in seeking alternatives with the Commission
and any interested parties.
B.
Upon determination by the Commission that a building
or structure is a Preferably Preserved Historically Significant Structure,
the owner shall be responsible for properly securing the building, if vacant,
to the satisfaction of the Inspector of Buildings. Should the owner fail to
secure the building to the satisfaction of the Inspector of Buildings, the
subsequent destruction of such building through any cause, which destruction
could have been prevented by the required security measures, shall be considered
a demolition in violation of this chapter.
A.
In the event that the Inspector of Buildings determines
or is asked to consider the condition of a building which was wholly or in
part constructed during or before 1929, the Chair of the Historical Commission
or his or her designee shall be notified to accompany the Inspector of Buildings
during the inspection. If the Chair of the Historical Commission or his or
her designee makes an initial determination that said building is or may be
an Historically Significant Structure, the Inspector of Buildings shall pursue
all reasonable courses of action to prevent emergency demolition of such building,
including, but not limited to, requiring the owner to secure it against further
damage or danger to the public.
[Amended ATM 5-7-2002 by Art. 32]
B.
Nothing in this chapter shall restrict the Inspector
of Buildings from immediately ordering the demolition of unsafe structures
in accordance with the provisions of MGL c. 143.
A.
The Commission and/or the Inspector of Buildings are
each specifically authorized to institute any and all actions and proceedings
in law or in equity, as they deem necessary and appropriate, to obtain compliance
with the requirements of this chapter or to prevent a threatened violation
thereof.
B.
Anyone who demolishes an Historically Significant building,
except pursuant to a court order, without complying fully with the provisions
of this chapter shall be subject to a fine not to exceed $300. Each day from
the date of the commencement of demolition until final adjudication by a court
of competent jurisdiction shall constitute a separate offense.
In the event that any section, paragraph or part of this chapter is
for any reason declared invalid or unconstitutional by any court, every other
section, paragraph or part shall continue in full force and effect.
Nothing in this chapter shall be deemed to conflict with the provisions
of the Historic Districts Act, MGL c. 40C, with respect to requirements as
to notice, hearing and issuance by the Historic District Commission of a certificate
of appropriateness, a certificate of non-applicability or a certificate of
hardship prior to demolition of any building in any Historic District established
in the future in the Town of Dover.
Any person aggrieved by a determination of the Commission may appeal
to Superior Court, per MGL c. 249, § 4.
