This By-Law is enacted for the purpose of preserving and protecting
significant buildings within the Town of Dartmouth outside Local Historic
Districts that constitute or reflect distinctive features of the architectural,
cultural, economic, political or social history of the town and to
limit the detrimental effect of demolition on the character of the
town. Significant buildings within Local Historic Districts are subject
to the section(s) of the Town of Dartmouth General By-Laws entitled
"Historic District" pursuant to the provisions of the Massachusetts
General Laws Chapter 40C.
A. This by-law provides:
(1) An opportunity to develop preservation solutions for significant
buildings threatened with demolition;
(2) A reasonable time period for public notice and discussion by interested
groups and individuals of means by which to preserve such buildings;
(3) An opportunity to inform residents of the town to impending demolitions
of significant buildings; and
(4) An opportunity to create an historical record, including photographs,
of significant buildings prior to demolition.
B. Owners of significant buildings will be encouraged to:
(1) Seek out alternative options that will preserve, rehabilitate or
restore such buildings; or
(2) Seek out persons who might be willing to purchase such buildings
in order to preserve, rehabilitate, or restore such buildings rather
than demolish them.
C. To achieve these purposes, the Dartmouth Historical Commission is
authorized to advise the Town of Dartmouth Building Commissioner or
Inspector with respect to demolition permit applications. The issuance
of demolition permits is regulated as provided by this By-Law.
APPLICANT
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.
APPLICATION
An application for a (building) permit that involves the
demolition of a building.
BUILDING
Any combination of materials forming a shelter for persons,
animals, or property.
BUSINESS DAY
A day which is not a legal municipal holiday, Saturday or
Sunday.
COMMISSION
The Dartmouth Historical Commission or its designee.
DEMOLITION
Any act of pulling down, destroying, removing, dismantling
or razing a building or any substantial portion thereof or commencing
the work of total or substantial destruction with the intent of completing
the same, or removal of the building from its site with the intent
to relocate it to another site.
A.
A substantial portion or substantial destruction of a building
is defined as either half the volume of the building or half its value,
as determined by the Building Commissioner.
B.
A building shall be considered to be demolished if more than
25% of the front, back or side elevations are removed or covered so
as to substantially obliterate the original design. Each elevation
shall be calculated separately.
PREFERABLY PRESERVED
Any significant building that the Commission determines,
following a public hearing, is in the public interest to be preserved
or rehabilitated rather than demolished. A preferably preserved building
is subject to a demolition review period as stated in this By-Law
of up to six months.
SIGNIFICANT BUILDING
Any building within the Town of Dartmouth that is in whole
or in part 75 years or more old, or is of an unknown age, and which
has been determined by the Commission or its designee to be significant
based on any of the following criteria:
A.
The Building is listed on, or is within an area listed on, the
National Register of Historic Places; or
B.
The Building has been found eligible for the National Register
of Historic Places; or
C.
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 Town of Dartmouth or the Commonwealth;
or
D.
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.
Following a determination that the building is significant and
preferably preserved, the Commission may recommend to town meeting
that the building be protected through the provisions of Massachusetts
General Laws Chapter 40C, the Historic Districts Act. The steps required
under Massachusetts General Laws Chapter 40C shall be followed prior
to the establishment of a local historic district. Nothing in this
By-Law shall be deemed to conflict with the provisions of the Historic
Districts Act, Massachusetts General Laws Chapter 40C. If any of the
provisions of this By-Law do so conflict, that act shall prevail.
In case any section, paragraph or part of this By-Law be for
any reason declared invalid or unconstitutional by any court, every
other section, paragraph, and part shall continue in full force and
effect.