[HISTORY: Adopted by the Town Meeting of the Town of Lynnfield 10-20-2008 STM (Ch.
5, § 29, of the Bylaws). Amendments noted where applicable.]
This bylaw is enacted for the purpose of preserving and protecting
significant structures within the Town which constitute or reflect
distinctive features of 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 preferably preserved structures are encouraged to seek out alternative
options that will preserve, rehabilitate or restore such structures
and residents of the Town are alerted to impending demolitions of
significant structures. By preserving and protecting significant structures,
streetscapes and neighborhoods, this bylaw promotes the public welfare
by making the Town a more attractive and desirable place in which
to live and work. To achieve these purposes, the Lynnfield Historical
Commission is empowered to advise the Building Inspector with respect
to the issuance of permits for demolition of significant structures.
The issuance of demolition permits for significant structures is regulated
as provided in this bylaw.
As used in this bylaw, the following terms shall have the meanings
indicated:
Any person who, or entity which, files an application for
a demolition permit. If the applicant is not the owner of the premises
upon which the structure is situated, the owner must indicate on or
with the application his/her assent to the filing of the application.
An application for the demolition of a structure.
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
A day which is not a legal municipal holiday, Saturday or
Sunday.
The Lynnfield Historical Commission.
The act of pulling down, destroying, removing, dismantling
or razing a structure or commencing the work of total or substantial
destruction with the intent of completing the same.
A process of ongoing damage to the fabric, viability and/or
functionality of an unoccupied structure 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 structure 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.
The building permit issued by the Building Inspector for
the demolition of a structure, excluding a building permit issued
solely for the demolition of the interior of a structure.
Any building or other structure, or portion thereof, 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 on
said National Register;
Is included in any historical or architectural inventory maintained
by the Commission; or
Has been determined by 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 or builder,
provided that the owner of such building or structure and the Building
Inspector have been notified, in hand or by certified mail, within
10 days following such vote.
Materials assembled at a fixed location to give support or
shelter, such as a building, framework, wall, reviewing stand, platform
or the like.
A.
The Commission shall create, and from time to time shall revise,
a list of significant structures within the Town, and shall supply
an up-to-date copy to the Building Inspector.
B.
Within three business days after the receipt of a completed application for a demolition permit for a structure that is on the list of significant structures, the Building Inspector shall forward a copy of such application to the Commission for review. No demolition permit shall be issued at that time, except in the event of an emergency as set forth below. Within 14 days after receipt of such application by the Commission, the Commission shall determine whether the structure in question is potentially worthy of preservation. If the Commission determines that it is not, then the Commission shall give prompt written notice of such determination to the Building Inspector and the applicant, and the demolition permit may thereafter be issued. If the Commission determines that the structure in question is potentially worthy of preservation, then the Commission shall proceed as set forth in Subsection C below.
C.
The Commission shall fix a reasonable time and date for a hearing
on any application for a demolition permit with respect to a structure
that is on the list of significant structures within the Town and
shall give public notice of the time, place and purpose of the hearing
in a newspaper of general circulation within the Town at least 14
days before said hearing. At least seven days before said hearing,
the Commission shall mail a copy of said notice to the applicant,
to all owners of abutting property as they appear on the most recent
local tax list and to such other persons as the Commission shall deem
entitled to notice.
D.
The applicant shall be responsible for all costs associated with
the mailing, posting or publishing of the required notices. The Commission
may require the applicant to maintain on the property, which is the
subject of a demolition permit application, a notice in a form designated
by the Commission, visible from the nearest public way, of any hearing
on the subject matter of such application.
E.
No less than five business days before the public hearing, the applicant
shall submit to the Commission three copies of a demolition plan which
shall include the following:
(1)
An Assessors' map or plot plan showing the location of the structure
to be demolished and the lot on which it is located with reference
to the neighboring properties;
(2)
Photographs of all facade elevations;
(3)
A description of the structure to be demolished;
(4)
The reasons for the proposed demolition and any data supporting said
reasons; and
(5)
A brief description of the proposed reuse of the property on which
the structure to be demolished is located.
F.
If, after such hearing, the Commission determines that the demolition
of a structure appearing on the list of significant structures within
the Town would not be detrimental to the historical or architectural
heritage or resources of the Town, the Commission shall so notify
the Building Inspector and the applicant within 10 business days after
making such determination. Upon receipt of such notification, or after
the expiration of 15 days from the date on which the hearing closed
if he has not received notification from the Commission, the Building
Inspector may, subject to the requirements of the State Building Code,
the Zoning Bylaws[1] and any other applicable laws, bylaws, rules and regulations,
issue the requested demolition permit.
G.
If the Commission determines that the demolition of the significant structure would be detrimental to the historical or architectural heritage of the Town, such structure shall be deemed a preferably preserved significant structure. The Commission shall so advise the applicant and the Building Inspector, and no demolition permit may be issued until one of the conditions set forth in Subsection H, below, is met. The Commission shall offer the applicant (and the owner, if different) information about alternatives to demolition, and shall direct him to resources in the preservation field, including the Massachusetts Historical Commission and other interested parties that might provide assistance in preservation, funding and/or adaptive reuse.
H.
Conditions for issuing permits for preferably preserved structures.
(1)
The Building Inspector may issue a demolition permit for a preferably
preserved significant structure at any time after:
(a)
He receives written notice from the Commission that it is satisfied
that there is no reasonable likelihood that either the owner or some
other person or entity is willing to purchase, preserve, rehabilitate
or restore such significant structure; or
(b)
He receives written notice from the Commission that it is satisfied
that the owner has made continuing, bona fide and reasonable efforts
to locate a purchaser to preserve, rehabilitate and/or restore the
significant structure, and that such efforts have been unsuccessful;
or
(c)
A period of 12 months shall have elapsed since the date of the
Commission's determination that the significant structure which is
the subject of an application for a demolition permit is a preferably
preserved significant structure.
(2)
As a condition of releasing the delay enforcement, the Commission
may require the applicant to submit measured drawings or other documentation
for the Town's historic records.
I.
The owner of record shall be primarily responsible for participating
in the investigation of options to demolition by actively seeking
alternatives with the Commission and any interested parties, by providing
any necessary information, by allowing the Commission reasonable access
to the property, and by securing the premises.
A.
If the Commission has reason to believe, through visual inspection
or other means, that a preferably preserved significant structure
may be undergoing demolition by neglect, then the Commission shall
notify the Building Inspector and the owner, and the Commission and
the Building Inspector shall jointly hold a public hearing to determine
whether or not the significant structure is undergoing demolition
by neglect, which determination shall require the concurrence of the
Commission and the Building Inspector. In furtherance of determining
its condition, the Commission may, at any time, request an inspection
of the structure by the Building Inspector.
B.
If the Commission and the Building Inspector both determine that
the significant structure is undergoing demolition by neglect, the
Commission and the Building Inspector shall attempt to negotiate a
voluntary agreement with the owner for appropriate and timely repairs
sufficient to structurally stabilize the significant structure and/or
prevent further deterioration.
C.
In the event that the Commission and the Building Inspector both
determine that they are not able to negotiate such an agreement with
the owner, for any reason, or that the owner has agreed to undertake
but has failed satisfactorily to complete such repairs in a timely
manner, then the Commission and the Building Inspector may take such
action as is permitted under this bylaw, including seeking a court
order that specific repairs be undertaken to secure the significant
structure against the elements, vandals or vermin, to halt further
deterioration, and/or to stabilize it structurally. The Commission
may forbear from commencing an action in court for any reason.
D.
Upon completion of all repairs that have been agreed upon between
the owner and the Commission and the Building Inspector or that have
been ordered by the Commission and the Building Inspector or that
have been ordered by the court, and upon certification by the Building
Inspector that said repairs have been completed, the Commission shall
certify that the structure is no longer undergoing demolition by neglect.
Nothing in this bylaw shall be construed to prevent the demolition
of any structure or portion thereof which the Building Inspector shall
certify is required by public safety because of an unsafe or dangerous
condition. However, the Building Inspector shall endeavor to notify
the Commission of his intention to cause or permit such demolition
as early as possible.
A.
The Commission and the Building Inspector are each specifically authorized
to institute any and all actions and proceedings, in law or equity,
as they may deem necessary or appropriate to obtain compliance with
the requirements of this bylaw and/or to prevent a threatened violation
thereof.
B.
Any owner of a significant structure who demolished such structure
without first obtaining a demolition permit in accordance with the
provisions hereof 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 significant structure
is completed or unless otherwise agreed by the Commission.
C.
If a significant structure is demolished without first obtaining a demolition permit in accordance with the provisions hereof, 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 or control unless the permit is for the faithful restoration referred to in Subsection B above, or unless otherwise agreed by the Commission.
In case any section, paragraph or part of this bylaw should
be 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.
