[Ord. No. 29687, 1-14-2008]
This chapter is enacted for the purpose of preserving and protecting
significant buildings within the City of Waltham, which constitute
or reflect distinctive features of the architectural, cultural, economic,
political or social history of the City and to limit the detrimental
effect of demolition on the character of the City. Through this chapter,
owners of preferably preserved buildings are encouraged to seek out
alternative options that will preserve, rehabilitate or restore such
buildings and residents of the City are alerted to impending demolitions
of significant buildings. By preserving and protecting significant
buildings, streetscapes and neighborhoods, this chapter promotes the
public welfare by making the City a more attractive and desirable
place in which to live and work. To achieve these purposes, the Historical
Commission is authorized to advise the Building Inspector with respect
to demolition permit applications. The issuance of demolition permits
is regulated as provided by this chapter.
[Ord. No. 29687, 1-14-2008]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or entity who files an application for 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. Where the applicant
is a realty trust, the application shall include the names of all
the trustees and beneficiaries of said realty trust, and where the
applicant is a corporation, the application shall include the names
of all the officers and stockholders of said corporation; provided,
however, that when the number of beneficiaries or stockholders exceeds
25, only the 25 largest beneficiaries or stockholders need be included,
and provided, further, that such application shall also include any
changes in beneficiaries or stockholders that have occurred within
six months prior to the date of application.
An application for the demolition of a building.
Any combination of materials forming a shelter for persons,
animals, or property.
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
The City of Waltham Historical Commission or its designee.
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.
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.
Any significant building which the Commission determines,
following a public hearing, that it is in the public interest to be
preserved rather than demolished. A preferably preserved building
is subject to the twelve-month demolition delay period of this chapter.
[Amended 12-27-2011 by Ord. No. 31660]
Any building within the City which is in whole or in part
75 years or more old and which has been determined by the Commission
or its designee to be significant based on any of the following criteria:
The building is listed on, or is within an area listed on, the
National Register of Historic Places; or
The building has been found eligible for listing on the National
Register of Historic Places; or
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 City or the Commonwealth; or
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.
[Ord. No. 29687, 1-14-2008]
(a)
No demolition permit for a building which is in whole or in part
75 years or more old shall be issued without following the provisions
of this chapter. If a building is of unknown age, it shall be assumed
that the building is over 75 years old for the purposes of this chapter.
(b)
An applicant proposing to demolish a building subject to this chapter
shall file with the Building Inspector an application containing the
following information:
(1)
The address of the building to be demolished.
(2)
The owner's name, address and telephone number, including principals
of the applicant submitting the application (i.e., trustees and beneficiaries
of realty trusts, officers and stockholders of corporations).
(3)
A description of the building.
(4)
The reason for requesting a demolition permit and data supporting
said reason.
(5)
A brief description of the proposed reuse, reconstruction or replacement.
(6)
A photograph or photograph(s) of the building.
(c)
The Building Inspector shall within seven days forward a copy of
the application to the Commission. The Commission shall, within 15
days after receipt of the application, make a written determination
of whether the building is significant.
(d)
Upon determination by the Commission that the building is not significant,
the Commission shall so notify the Building Inspector and applicant
in writing. The Building Inspector may then issue the demolition permit.
(e)
Upon determination by the Commission that the building is significant,
the Commission shall so notify the Building Inspector and the applicant
in writing. No demolition permit may be issued at this time. If the
Commission does not notify the Building Inspector within 15 days of
receipt of the application, the Building Inspector may proceed to
issue the demolition permit.
(f)
If the Commission finds that the building is significant, it shall
hold a public hearing within 30 days of the written notification to
the Building Inspector. If the Commission deems the building or structure
significant, the applicant shall also provide the Commission with
10 copies of a demolition plan which shall include the following information:
i) a map showing the location of the building or structure to be demolished
on its property and with reference to neighboring properties; ii)
photographs of all street face elevations; iii) a description of the
building or structure, or part thereof, to be demolished; iv) the
reason for the proposed demolition and data supporting said reason,
including data sufficient to establish any economic justification
for demolition; v) a brief description of the proposed reuse of the
property on which the building or structure to be demolished is located.
Public notice of the time, place and purpose of the hearing shall
be posted in a conspicuous place in City Hall for a period of not
less than seven days prior to the date of said hearing, and the applicant
and the Building Inspector shall be notified in writing of the meeting
time and place.
(g)
The Commission shall decide at the public hearing or within 14 days
after the public hearing whether the building should be preferably
preserved. If agreed to in writing by the applicant, the determination
of the Commission may be postponed.
(h)
If the Commission determines that the building is not preferably
preserved, the Commission shall so notify the Building Inspector and
applicant in writing. The Building Inspector may then issue the demolition
permit.
(i)
If the Commission determines that the building is preferably preserved,
the Commission shall notify the Building Inspector and applicant in
writing. No demolition permit may then be issued for a period of twelve
months from the date of the determination unless otherwise agreed
to by the Commission. If the Commission does not so notify the Building
Inspector in writing within 21 days of the public hearing, the Building
Inspector may issue the demolition permit.
[Amended 12-27-2011 by Ord. No. 31660]
(j)
Upon a determination by the Commission that any building, which is
the subject of an application, is a preferably preserved building,
no building permit for new construction or alterations on the premises
shall be issued for a period of twelve months from the date of the
determination unless otherwise agreed to by the Commission.
[Amended 12-27-2011 by Ord. No. 31660]
(k)
No permit for demolition of a building determined to be a preferably
preserved building shall be granted until all plans for future use
and development of the site have been filed with the Building Inspector
and have been found to comply with all laws pertaining to the issuance
of a building permit or, if for a parking lot, a certificate of occupancy
for that site. All approvals necessary for the issuance of such building
permit or certificate of occupancy, including, without limitation,
any necessary zoning variances or special permits, must be granted,
and all appeals from the granting of such approvals must be concluded,
prior to the issuance of a demolition permit under this section.
(l)
Upon determination that a building is a preferably preserved building, the applicant/owner shall be responsible for properly securing the building to the satisfaction of the Building Inspector. Should the owner/applicant fail to so secure the building, a subsequent destruction of the building at any time during the twelve-month delay period, which destruction could have been prevented by the required security measures, shall be considered a demolition in violation of this chapter and shall be subject to the fines and/or two-year bar to the issuance of permits as enumerated below in Section 23-6.
[Amended 12-27-2011 by Ord. No. 31660]
(m)
The Building Inspector may issue a demolition permit or a building
permit for a preferably preserved building within the twelve-month
delay period if the Commission notifies the Building Inspector in
writing that the Commission finds that the intent and purpose of this
chapter is served even with the issuance of the demolition permit
or the building permit.
[Amended 12-27-2011 by Ord. No. 31660]
(n)
Following the twelve-month delay period, the Building Inspector may
issue the demolition permit.
[Amended 12-27-2011 by Ord. No. 31660]
[Ord. No. 29687, 1-14-2008]
(a)
The Commission may adopt such rules and regulations as are necessary
to administer the terms of this chapter.
(b)
The Commission is authorized to adopt a schedule of reasonable fees
to cover the costs associated with the administration of this chapter.
(c)
The Commission may delegate authority by vote of the Commission to
make initial determinations of significance to one or more members
of the Commission or to a municipal employee.
(d)
The Commission may proactively develop a list of significant buildings
that will be subject to this chapter. Buildings proposed for the significant
building list shall be added following a public hearing. The inclusion
of certain buildings on such a significant building list shall have
no bearing on whether nonlisted buildings may qualify as significant
buildings upon application for any demolition permit.
[Ord. No. 29687, 1-14-2008]
If, after an inspection, the Building Inspector finds that a
building subject to this chapter 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 Inspector may issue an
emergency demolition permit to the owner of the building or structure.
The Building Inspector shall then prepare a report explaining the
condition of the building and the basis for his/her decision, which
shall be forwarded to the Commission. Nothing herein shall be construed
to conflict with or derogate in any way from the Building Inspector's
statutory obligations under MGL c. 143 or under the State Building
Code.
[Ord. No. 29687, 1-14-2008]
(a)
The Commission and/or the Building Inspector are each specifically
authorized to institute any and all actions and proceedings, in law
or equity, as they may deem necessary and appropriate to obtain compliance
with the requirements of this chapter or to prevent a threatened violation
thereof.
(b)
Any owner of a building subject to this chapter that demolished the
building without first obtaining a demolition permit in accordance
with the provisions of this chapter shall be subject to a fine of
not more than $300. Each day the violation exists shall constitute
a separate offense until a faithful restoration of the demolished
building is completed or unless otherwise agreed to by the Commission.
(c)
If a building subject to this chapter is demolished without first
obtaining a demolition permit, no building permit shall be issued
for a period of two years from the date of the demolition on the subject
parcel of land or any adjoining parcels of land under common ownership
and control unless the building permit is for the faithful restoration
referred to above or unless otherwise agreed to by the Commission.
[Ord. No. 29687, 1-14-2008]
Following a determination that the building is significant and
preferably preserved, the Commission may recommend to the Mayor and
City Council that the building be protected through the provisions
of MGL c. 40C, the Historic Districts Act. The steps required under
MGL c. 40C shall be followed prior to the establishment of a local
historic district. Nothing in this chapter shall be deemed to conflict
with the provisions of the Historic Districts Act, MGL c. 40C. If
any of the provisions of this chapter do so conflict, that act shall
prevail.
[Ord. No. 29687, 1-14-2008]
In case any section, paragraph or part of this chapter be for
any reason declared invalid or unconstitutional by any court, every
other section, paragraph, and part shall continue in full force and
effect.
