[HISTORY: Adopted by the Town of Randolph 4-20-1999 ATM by Art. 8, approved 8-23-1999; amended 6-17-2002 STM by Art. 2, approved 10-3-2002. Subsequent amendments noted where applicable.]
This ordinance is adopted for the purpose of preserving and
protecting significant buildings within the Town of Randolph which
reflect or constitute distinctive features of the cultural, architectural,
economic, political or social history of the Town and to encourage
the preservation and restoration rather than the demolition of such
buildings.
As used in this chapter, the following terms shall have the
meanings indicated:
Any combination of materials forming a shelter for persons,
animals, or property.
The Randolph Building Commissioners.
The Randolph Historical Commission.
Any act of pulling down, destroying, removing, or razing
a building or any portion thereof, or commencing the work of total
or substantial destruction with the intent of completing the same.
A process of ongoing damage to the materials, viability and/or
functionability of a building leading towards and/or causing its eventual
demolition due to decay and/or structural failure and/or severe degradation
over a period of time as a result of a general lack of maintenance,
and/or failure to secure the building from pests or vandals, and/or
failure to take reasonable measures to prevent the ingress of water,
snow, ice, and wind through the roof, walls, or apertures. This definition
to apply to buildings that meet one (1) or more of the following criteria:
Municipal Building; Listed as part of a Local Historic District, a
National Register or National Register eligible property, or listed
on a Form A or B in the Massachusetts Cultural Resource Inventory
Survey (MACRIS).
[Added 5-26-2009 ATM
by Art. 31]
The permit issued by the Building Commissioner as required
by State Building Code, for the demolition or removal of a building
or structure. This permit must also indicate the location of the facility
at which the debris is to be disposed.
Any building or portion thereof which is one hundred (100)
years old or over and is not included in a historic district but which:
Is listed on, or is within an area listed on, the National Register
of Historic Places, or is the subject of a pending application for
listing on said National Register; or
Is included in the Cultural Resources Inventory prepared by
the Commission including those buildings listed for which completed
surveys may be pending; or
Has been determined by a vote of the Commission to be historically
or architecturally significant in terms of period, style, method of
building construction, or association with a famous architect, builder,
person or event provided that the owner of such a building and the
Building Commissioner have been notified, in hand or by certified
mail, within ten (10) days of such vote.
A.
Prior to application for a demolition permit of any building in the
Town that is one hundred (100) years old or older, applicant should
apply to the Historical Commission for a determination of whether
such building is a Significant Building. A list of one hundred (100)
years old or older buildings shall be maintained at the offices of
both the Building Commissioner and the Historical Commission. No demolition
permit shall be issued for such a property without the determination
specified herein, except as noted below.
B.
After the Commission has received a copy of the application for a
determination of historical significance, it shall within twenty (20)
days submit a preliminary recommendation regarding the granting of
a demolition permit. If the commission issues a recommendation in
favor of granting such a permit, an application may be filed with
the Building Commissioner for the granting of such a permit, no permit
shall be issued until a more thorough investigation and a public hearing
is undertaken and a final recommendation is made by the Commission.
Such investigation, public hearing and recommendation shall be completed
within forty-five (45) days of the original submission to the Commission.
C.
After the Commission issues a preliminary recommendation in opposition
to the granting of a permit for demolition, the Commission shall fix
a time for the hearing no more than thirty (30) days from the issuance
of the preliminary recommendation and shall give public notice thereof
by publishing notice of the time, place, and purpose of the hearing,
in a local newspaper at least fourteen (14) days before said hearing,
and also, within seven (7) days of said hearing, by mailing a copy
of said notice to the applicant, to the owners of all property within
a three-hundred-foot radius of subject property as they appear on
the most recent local tax list and to other such persons as the Commission
shall deem entitled to notice.
D.
If, after such hearing, the Commission determines that the demolition
of the Significant Building would not be detrimental to the historical
heritage or resources of the Town, the Commission shall so notify
the Building Commissioner with ten (10) days of such determination.
Upon receipt of such notification, or after the expiration of fifteen
(15) days from the date of the conduct of the public hearing if notification
from the Commission has not been received, the Building Commissioner
may, subject to the requirements of the State Building Code and any
other applicable law, ordinances, rules and regulations, issue the
demolition permit.
E.
If the Commission determines that the Significant Building would
be detrimental to the historical heritage or resources of the Town,
such building shall be considered a "preferably-preserved significant
building."
F.
Upon determination by the Commission that the Significant Building
which is the subject of the application for a demolition permit is
a preferably-preserved significant building, the Commission shall
so advise the applicant and the Building Commissioner, and no demolition
permit may be issued for at least six (6) months after the date of
such determination by the Commission.
G.
Notwithstanding Subsection F preceding, the Building Commissioner may issue a demolition permit for a preferably-preserved significant building at any time after receipt of written advice from the Commission to the effect that either:
(1)
The Commission is satisfied that there is no reasonable likelihood
that either the owner or some other person or group is willing to
purchase for fair market value, to preserve, rehabilitate, or restore
such building, or
(2)
The Commission is satisfied that for at least six (6) months the
owner has made continuing, bona fide and reasonable efforts to locate
a purchaser to preserve, rehabilitate and restore the subject building,
and that such efforts have been unsuccessful.
A.
If the Commission determines that a vacant building appears to suffer from deterioration and meets the definition of "demolition by neglect" stated in § 87-2, the Commission shall so notify the owner of the property by certified mail.
B.
The property owner shall have thirty (30) days to respond in writing
to the Commission and submit a plan for securing the building from
further risk of loss or damage.
C.
Upon submission of the plan for securing the building, the owner
shall perform the actions described in the plan no later than thirty
(30) days after submission of the plan, with completion to be within
a reasonable time to be determined by the Commission and the owner.
D.
If the property owner fails to carry out the plan described in § 87-4C above, the Commission shall deem the building to be at risk of demolition by neglect and shall refer the violation to the Code Management Task Force for further action.
E.
Failure to respond to the Commission's notification shall result
in the property being referred to the Town's Code Management
Task Force for further action.
Notwithstanding the foregoing sections of this Chapter 87, these provisions shall not apply to any building or structure located within a local historic district and subject to regulation under the provisions of MGL c. 40C and any ordinances regulating historic districts in the Town of Randolph.
A.
The Commission and Building Commissioner are each authorized to institute
any and all proceedings in law or equity as they deem necessary and
appropriate to obtain compliance with the requirements of this ordinance,
or to prevent the violation thereof.
C.
No building permit shall be issued with respect to any premises upon
which a Significant Building has been voluntarily demolished in violation
of this ordinance for a period of three (3) years after the date of
completion of such demolition. As used herein, "premises" includes
the parcel of land upon which the demolished significant building
was located.
D.
The provisions of sub-section B above shall not apply to those buildings
or structures that were demolished due to fire, storm or other natural
disaster, provided that said fire damage was not the result of arson
or other intentional destruction by the owner as determined by the
Fire Chief or his designee or State Fire Marshal.
Any person aggrieved by the determination of the Commission,
may within twenty (20) days after the filing of the notice of such
determination with the Building Commissioner, appeal to the Superior
Court for Norfolk County.
If any section, paragraph, or part of this ordinance is for
any reason declared invalid or unconstitutional by any court, every
other section, paragraph and part shall continue in full force and
effect.
