[HISTORY: Adopted by the Town Council of the Town of Braintree 4-2-2019 by Ord. No. 18-025. Amendments noted where applicable.]
A.
The Demolition Delay Ordinance is enacted for the purpose of encouraging
and facilitating the preservation and protection of significant buildings
within the Town of Braintree which are located outside designated
historic districts. Such buildings reflect distinctive features of
the architectural, cultural, economic, political, or social history
of the Town, and their preservation promotes the public welfare by
making the Town a more attractive and desirable place to live and
work.
B.
The intent of this chapter is not to permanently prevent demolition,
but rather to provide an opportunity to document and photograph the
building and in those situations determined by the Historical Commission
to be historically significant, develop preservation solutions for
significant buildings threatened with demolition. This chapter is
intended to encourage owners and Townspeople to seek out persons who
might be willing to purchase, preserve, rehabilitate or restore such
buildings rather than demolish them, and to limit the detrimental
effect of demolition on the historical architectural resources of
the Town. To achieve these purposes, the Braintree Historical Commission
(the "Commission") is empowered to advise the Inspector of Buildings
with respect to the issuance of permits for demolition of significant
buildings, and, where appropriate and consistent with the intent and
purpose of this chapter, to allow demolition under conditions designed
to minimize the loss of distinctive features of significant buildings.
For the purposes of this chapter only, the following words and
phrases shall have the following meanings, whether or not capitalized:
The person or persons filing an application for review under
this chapter.
An application for review under this chapter filed pursuant
to this chapter.
A structure designed, built, or occupied as a shelter for
persons, animals, or property.
The Braintree Historical Commission.
Any act of pulling down, destroying, removing, razing or
moving a building, or commencing such work with the intent of completing
the same.
A significant building which, after a public hearing, the
Commission determines that demolition of such building would be detrimental
to the historical or architectural heritage or resources of the Town.
Any building which in whole or in part is more than 75 years
old, or is of unknown age, and which meets one or more of the following
two criteria:
The building 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
The building is determined by the Commission Chairperson to
be of historical or architectural significance by reason of period,
style, method or building construction, or by reason of its association
with a particular architect, or a builder, or with a person or event
of importance to the Town's history.
A.
No demolition of a building which is at least 75 years old, or which
is of an indeterminate age, shall be permitted except in conformity
with the provisions of this chapter. This chapter shall not apply
to any building located in a designated Historic District created
pursuant to MGL c. 40C or any special act of the legislature, or to
any property certified as a landmark pursuant to MGL c. 40, § 8D.
B.
Upon receipt of an application for a demolition permit for any building
which is at least 75 years old, or which is of indeterminate age,
the Inspector of Buildings shall forward a copy thereof to the Planning
and Community Development Department, which in turn shall notify the
Historical Commission Chairperson. No demolition permit shall be issued
at that time.
C.
Within five days of his/her receipt of a copy of an application for
a demolition permit, the Commission Chairperson shall make an initial
determination as to the significance of the subject building. If the
initial determination shall be positive for the building, the Planning
and Community Development Department shall notify the Building Inspector
and applicant of said determination in writing within five days of
the Chairperson's determination of the need to conduct a public
hearing.
D.
If the initial determination is in the negative, or if the Planning
and Community Development Department fails to notify the Building
Inspector of the positive initial determination within five days of
the initial determination, the Building Inspector may, subject to
the requirements of the State Building Code and any other applicable
law, ordinances, rules and regulations, issue a demolition permit.
E.
If the initial determination is positive, the Commission shall, within
35 days of the initial determination, conduct a public hearing to
determine whether the significant building is preferably preserved.
The Commission shall give public notice by publication in a newspaper
of general circulation once in each of two successive weeks, the first
publication to be not less than 14 days before the day of the hearing,
and by posting such notice in a conspicuous place in Town Hall for
a period of not less than 14 days before the day of such hearing.
The Commission shall also mail a copy of said notice to the applicant,
to the owner of the premises on which the significant building is
located (if other than the applicant), to the owners of all property
within 300 feet of the lot on which the significant building is located
as appearing on the most recent tax list, and to such other persons
as the Commission shall deem entitled to notice. The applicant is
encouraged to provide any information to the Commission that he or
she believes will assist the Commission in reaching its decision.
The conduct of the public hearing shall be in accordance with duly
adopted ordinances or regulations adopted by the Commission.
F.
If, after a public hearing, the Commission determines based on the
applicant's presentation and submission of materials that demolition
of the significant building would not be detrimental to the historical
or architectural heritage or resources of the Town, the Commission
shall so notify the applicant, the owner (if other than the applicant),
and the Inspector of Buildings, in writing, within 10 days of such
public hearing. Upon receipt of such notice, or upon the expiration
of 10 days from the date of the close of the Commission's public
hearing without having received any notification from the Commission,
the Building Inspector shall, subject to the requirements of the State
Building Code and any other applicable laws, ordinances, rules and
regulations, issue a demolition permit for the subject building.
G.
If, after the public hearing, the Commission determines that demolition
of the significant building would be detrimental to the historical
or architectural heritage or resources of the Town, such building
shall be considered to be preferably preserved and the Commission
shall so advise the applicant, the owner (if other than the applicant),
and the Inspector of Buildings of its determination, in writing, within
10 days, and no demolition permit shall be issued until four months
after the date of such determination by the Commission. In making
its determination, the Commission shall consider, among other relevant
factors: a) the building's condition; b) whether the building
is one of the last remaining examples of its kind in the neighborhood,
the Town, or the region; and c) the building's historic, architectural,
and urban design significance.
H.
In the event the Commission imposes a demolition delay pursuant to
this chapter, the Commission shall invite the applicant (or owner
of record, if different) to participate in an investigation of alternatives
to demolition of the building. The Commission may also invite any
other party to participate in such investigation, on an advisory basis,
that it believes can be helpful. The investigation shall consider
possibilities such as: the incorporation of the building into future
development on the site; adaptive reuse of the building; financial
incentives for rehabilitation; removal of the building to another
site; and, with the owner's consent, a search for a party willing
to purchase and preserve, restore, or rehabilitate the building. During
the four-month delay period, the Commission shall notify the Massachusetts
Historical Commission, the Mayor, the Director of Planning and Community
Development, the Community Preservation Committee and any other interested
party in an effort to obtain assistance in obtaining preservation
funding or in finding an adaptive use of the building which will result
in its preservation.
I.
Upon expiration of the four-month demolition delay period required
by this chapter, the Inspector of Buildings may issue a demolition
permit to the applicant, subject to the requirements of the State
Building Code and any other laws, ordinances, and regulations.
J.
Notwithstanding the preceding subsections, the Inspector of Buildings
may issue a demolition permit for a preferably preserved building
prior to the expiration of the four-month demolition delay period
upon receipt of written advice from the Commission to the effect that:
(1)
Notwithstanding the fact that a significant building is preferably
preserved, the Commission is satisfied that there is no reasonable
likelihood that either the owner or some other person or group is
willing to purchase, preserve, rehabilitate or restore such building;
or
(2)
The Commission has determined that the proposed moving or demolition
may be conducted in a specified manner so as not to be detrimental
to the historical or architectural heritage or resources of the Town.
K.
The requirements of this chapter are in addition to, and not in lieu
of, the requirements of any other codes, ordinances, statutes, or
regulations related to the demolition of buildings.
L.
Any determination issued pursuant to this chapter shall be in writing
and shall specify the reasons for such determination. In the event
a demolition delay is imposed, the written determination shall specify
the date on which such delay period shall terminate.
Once a significant building is determined to be preferably preserved,
the owner shall be responsible for properly securing the building,
if vacant, to the satisfaction of the Inspector of Buildings. Should
the owner fail to so secure the building, a subsequent destruction
of the building at any time during the four-month demolition delay
period, which destruction could have been prevented by the required
security measures, shall be considered a voluntary demolition in violation
of this chapter.
A.
Notwithstanding the foregoing provisions, the Inspector of Buildings
may issue a demolition permit at any time in the event of imminent
and substantial danger to the health or safety of the public due to
deteriorating conditions. Prior to doing so, the Inspector of Buildings
shall inspect the building and document, in writing, the findings
and reasons requiring an emergency demolition, a copy of which shall
be forwarded immediately to the Commission. Before allowing emergency
demolition, the Inspector of Buildings shall make every effort to
inform the Chairperson of the Commission of his intention to allow
demolition before he issues a permit for emergency demolition.
B.
Nothing in this chapter shall restrict the authority of the Inspector
of Buildings to require the applicant to take reasonable action to
prevent the need for required demolition of a significant building,
which may include securing the building and making it safe so that
it does not present an imminent and substantial danger to the public.
C.
No provision of this chapter is intended to conflict with or abridge
any obligations or rights conferred by MGL c. 143 regarding removal
or demolition of dangerous or abandoned structures. In the event of
a conflict, the applicable provisions of Chapter 143 shall control.
D.
Nothing in this chapter shall be deemed to conflict with the provisions
of the Historic Districts Act, Massachusetts General Laws, Chapter
40C, with respect to requirements of notice, hearing and issuance
by the Commission of a certificate of appropriateness, a certificate
of nonapplicability or a certificate of hardship prior to demolition
of any building in an historic district.
A.
If the Commission determines that a significant building has been
voluntarily demolished in violation of this chapter, the Building
Commissioner shall not issue any building permit for new construction,
or any use or occupancy permit for any use other than a park or recreational
space, with respect to the premises for a period of eight months after
the date of the demolition. As used herein, "premises" includes the
parcel of land upon which the demolished building was located, and
all abutting parcels under common ownership or control.
B.
Notwithstanding the foregoing, whenever the Commission shall, on
its own initiative, or on application of the landowner, determine
that earlier reconstruction, restoration or other remediation of any
demolition in violation of this chapter better serves the intent and
purpose of this chapter, it may, prior to the expiration of said period
of eight months, authorize the Inspector of Buildings to issue a building
permit upon such conditions as the Commission deems necessary or appropriate
to effectuate the purposes of this chapter.
If any section, paragraph or part of this chapter is for any
reason declared invalid or unconstitutional by any court, every other
section, paragraph and part shall continue in full force and effect.
