[HISTORY: Adopted by the Town of Lunenburg as Art. IX, § 22,
of the Town Bylaws. Amendments noted where applicable.]
The intent and purpose of this chapter is to protect the historic
and aesthetic qualities of the Town of Lunenburg by preserving, rehabilitating
or restoring, whenever possible, significant buildings or structures
which constitute or reflect distinct features of architectural or
historical resources of the Town, by promoting continued private ownership
and utilization of such buildings and by providing owners of significant
structures with time to consider alternatives to demolition, thereby
promoting the public welfare and preserving the cultural heritage
of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
An application for a permit for the demolition of a building,
which shall include a photograph of the building taken within the
past year.
The act of pulling down, destroying, removing or razing a
building or structure.
A permit issued by the Building Commissioner for demolition
of a building pursuant to an application.
Any building or structure that the Historical Commission
determines, in conjunction with the Building Commissioner and Fire
Chief, meets one of the following conditions:
Listed on the National or State Registry of Historic Places
or is the subject of a previously submitted application for listing
of historic places on said registries; or
Included in a local Registry of Historic Places or is on a current
or previously submitted inventory prepared by the local Historical
Commission; or
Importantly associated with one or more historic persons or
events, or with the broad architectural, cultural, political, economic
or social history of the Town of Lunenburg or the Commonwealth of
Massachusetts; or
Historically or architecturally important in terms of period,
style, or method of building construction; or
Seventy-five years old or more.
An application for a demolition permit will be made to the Building
Commissioner, who shall, within five days, forward a copy of the demolition
permit application to the Historical Commission. The Historical Commission
shall, within five business days of receiving said application, determine
whether a demolition plan review is required. If a demolition plan
review is required, the applicant will supply to the Historical Commission
a written narrative that includes the following:
A.
Within 30 days after said application is reviewed by the Historical
Commission, the Historical Commission shall hold a demolition plan
review meeting during its next scheduled public meeting to determine
the applicability of the delay procedure or to make a determination
of nonapplicability of the delay procedure. Said meeting will be advertised
in the local newspaper and posted in the usual manner one week prior
to said meeting.
B.
Written reports shall be presented by the Historical Commission,
Building Commissioner and Fire Chief and the applicant pertaining
to the applicability or nonapplicability of the delay procedure to
the building or structure. The Historical Commission shall determine
the status of the application based on the reports noted above. The
written report of the determination taken shall be given to the Building
Commissioner with seven days of the closing of the review meeting.
C.
If the Historical Commission determines the building or structure
is not a significant building under this bylaw, the Building Commissioner
may issue a demolition permit upon receipt of the notification.
D.
If the building or structure is determined to be a significant building
under this bylaw, the Building Commissioner shall impose a demolition
delay of 540 days from the date of notification. During the delay
period the applicant must notify the Historical Commission by means
of submitting the document entitled "Demolition Delay Bi-monthly Report,"
once every other month, beginning with the first day of the second
month following the imposition of the demolition delay, that:
[Amended 11-13-2018 STM
by Art. 11; 11-16-2021 STM by Art. 14]
(1)
Bona fide, reasonable attempts have been made to sell, preserve,
move, rehabilitate or restore said building or structure. Evidence
shall include at least one, but in the discretion of the Historical
Commission more than one, of the following:
(a)
Listing of the building with a licensed real estate broker;
(b)
An estimate of rehabilitation or restoration costs of the building
or structure;
(c)
An estimate for moving the building or structure in its present condition;
(d)
The name, address and contact information of a party or parties that
have been located who have agreed to preserve, rehabilitate, restore
or relocate the building or structure.
(2)
The applicant has agreed to alternatives to demolition and/or accept
conditions noted in the applicability determination.
(3)
Any
owner failing to submit the bimonthly report on the prescribed schedule
shall have the demolition delay period extended one day for each day
of delay in filing.
(4)
At
any time during the delay period, the Historical Commission may advise
the Building Commissioner, in writing, to issue a demolition permit
without waiting for the period to expire, if the Commission decides
that both:
(a)
There is not a reasonable likelihood that any entity is willing to
purchase, preserve, rehabilitate, restore, or move said structure;
and
(b)
For at least six months the owner has made continuing bona fide and
reasonable efforts to locate a purchaser to preserve, rehabilitate,
restore, or move the subject building or structure, and that such
efforts have been unsuccessful.
[Amended 11-16-2021 STM by Art. 14]
Nothing in this bylaw shall restrict the Building Commissioner
or the Fire Chief from ordering the demolition of a significant building
determined to present a clear and present danger to the safety of
the public, which only demolition can prevent. The Commission shall
be promptly notified of the decision.
A.
The Building Commissioner is empowered to institute any proceeding
in law or equity as he deems necessary to obtain compliance with the
requirements of this bylaw to prevent a violation thereof.
B.
No building permit shall be issued with respect to any premises upon
which a significant building has been demolished in violation of this
bylaw for a period of two years after the date of the violation.
