[HISTORY: Adopted by the Town of Falmouth
as indicated in article histories. Amendments noted where applicable.]
[Adopted AFTM 11-14-2006, Art. 53,[1] approved 3-6-2007]
This bylaw is enacted for the purpose of preserving
and protecting significant buildings within the Town which 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. Through this bylaw,
owners of significant buildings are encouraged to seek out alternatives
to demolition that will preserve, rehabilitate or restore such buildings,
and residents of the Town are alerted to impending demolitions of
significant buildings. By preserving and protecting significant buildings,
and the streetscapes and neighborhoods they form, this bylaw makes
the Town a more attractive and desirable place in which to live and
work. To achieve these purposes and thereby promote the public welfare,
the Historical Commission is authorized to advise the Building Commissioner
with respect to demolition permit applications. The issuance of demolition
permits is regulated as provided by this bylaw.
As used in this article, the following terms
shall have the meanings indicated:
A discussion by the Historical Commission with the applicant
of why the building should be preserved and ways to avoid demolition.
[Added STM 4-8-2014,
Art. 1, approved 4-14-2014]
Any person or entity who files an application for, or a request
for review of demolition relative to, 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.
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 Commissioner
or otherwise authorized to issue demolition permits.
The Falmouth 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.
A letter from the Town Clerk noting the date on which a request
for review of demolition has been recorded and indicating whether
the building is on the List of Significant Buildings. The Town Clerk
shall send this letter to the Building Commissioner and the Historical
Commission with a copy of the request for review of demolition.
A list, to be created by the Historical Commission and kept
by the Town Clerk, of significant buildings as determined according
to the provisions of this article. (See "significant building.")
Any building within the Town, but not within a Local Historic
District, which has been determined by the Commission, according to
the provisions of this article, to be significant based on any of
the following criteria:
A.Â
The building is listed on, or is within an area listed
on, the National or State Register of Historic Places; or
B.Â
The building has been found eligible for the National
or State Register of Historic Places; or
C.Â
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 or the
commonwealth; or
D.Â
REQUEST FOR REVIEW OF DEMOLITION
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, a streetscape, or a neighborhood.
A request from an applicant to the Town Clerk, and through
the Clerk to the Historical Commission, for a certification by the
Town Clerk of whether a building is on the List of Significant Buildings,
and if the building is so listed, for an advisory review by the Historical
Commission of the proposed demolition.
A.Â
No demolition permit shall be issued without following
the provisions of this bylaw. Prior to applying for a demolition permit
at the Building Department, the applicant shall file with the Town
Clerk a request for Advisory review of demolition containing the following
information:
[Amended STM 4-8-2014, Art. 1, approved 4-14-2014]
(1)Â
The address of the building to be demolished.
(2)Â
The owner's name, address and telephone number.
(3)Â
A description of the building.
(4)Â
The reason for requesting a demolition permit.
(5)Â
A brief description of the proposed reuse, reconstruction
or replacement.
(6)Â
A photograph or photograph(s) of the building.
B.Â
Upon receipt of such request for Advisory review of demolition, the Town Clerk shall record the request and draft a letter of certification noting the date on which the request was recorded and indicating whether the building is on the List of Significant Buildings described in § 107-6 of this article. The Town Clerk shall send this letter to the Building Commissioner and the Historical Commission with a copy of the request for Advisory review of demolition. Upon receipt of the letter of certification the Commission shall notify abutters by mail, and publish the intent of the applicant to demolish the structure. The public will be advised to monitor the FHC agendas for scheduled hearings on the demolition application.
[Amended STM 4-8-2014, Art. 1, approved 4-14-2014]
C.Â
The Building Commissioner shall not accept or act
on any application for a demolition permit without a letter of certification
from the Town Clerk. If such letter indicates that the building is
not on the List of Significant Buildings, the Building Commissioner
may accept and act upon an application for a demolition permit for
the building without delay.
D.Â
If such letter indicates that the building is on the List, the date on which the request is recorded by the Town Clerk shall be the commencement of a twelve-month delay period, during which time the Building Commissioner shall not accept or act on any application for a demolition permit except as provided for under § 107-4 of this article entitled "Waiver of delay."
[Amended 11-12-2018 FATM, Art. 21, approved 2-21-2019]
E.Â
The Historical Commission, upon receipt of a letter
of certification indicating that a building is on the List of Significant
Buildings, shall schedule a time to meet with the applicant or his
authorized representative to perform an Advisory review. The applicant
must attend or send an authorized representative to such a review.
At this time the Historical Commission shall assist and encourage
the applicant to seek out alternatives to demolition that will preserve,
rehabilitate or restore the building, or if demolition is to proceed
to provide suitable documentation of the building for the permanent
records of the Commission. The Commission may also request access
to the building for a site visit to further the purposes of this review,
which access shall be at the discretion of the applicant.
[Amended STM 4-8-2014, Art. 1, approved 4-14-2014]
F.Â
Upon performance of such a review, the Commissioner shall notify
the Building Commissioner in writing that the applicant has fulfilled
the requirement to attend. The Building Commissioner shall not accept
or act on any application for a demolition permit for a building on
the List of Significant Buildings without such written notification
from the Historical Commission, regardless of whether the twelve-month
delay period has ended. If the Building Commissioner has received
such written notification, and if following the twelve-month delay
period the applicant still chooses to apply for a demolition permit,
the Building Commissioner may then issue a demolition permit for the
building.
[Amended 11-12-2018 FATM, Art. 21, approved 2-21-2019]
[Amended STM 4-8-2014, Art. 1, approved 4-14-2014]
After an Advisory review meeting of the applicant
(or their representative) with the Historical Commission members in
the presence of abutters and the general public, the applicant may
request a waiver. The Historical Commission may issue a waiver of
delay allowing the demolition to proceed immediately, or at a specific
time, or upon fulfillment of specified conditions by the applicant,
if the Commission deems such a waiver to be in the best interests
of the Town and in pursuit of the purpose of this article. Upon receipt
of such a waiver, and written notice from the Historical Commission
that the conditions of the waiver, if any, have been fulfilled, the
Building Commissioner may issue a demolition permit for the building.
The Commission shall develop a List of Significant
Buildings that will be subject to this bylaw. Buildings proposed for
the List shall be added following a public hearing. Public notice
of the time, place and purpose of the hearing shall be posted in a
conspicuous place in Town Hall for a period of not less than seven
(7) days prior to the date of said hearing and the owner shall be
notified in writing of the meeting time and place.
If after an inspection, the Building Commissioner
finds that a building subject to this bylaw 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 Commissioner may issue
an emergency demolition permit to the owner of the building or structure.
The Building Commissioner shall then prepare a report explaining the
condition of the building and the basis for his decision which shall
be forwarded to the Commission.
A.Â
The Commission and/or the Building Commissioner 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 by-law or to prevent
a threatened violation thereof.
B.Â
Any owner of a building subject to this bylaw that
demolishes the building without first obtaining a demolition permit
in accordance with the provisions of this bylaw shall be subject to
a fine of not more than three hundred dollars ($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.Â
If a building subject to this bylaw is demolished
without first obtaining a demolition permit, no building permit shall
be issued for a period of two (2) 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.
[Amended STM 4-8-2014, Art. 1, approved 4-14-2014]
This bylaw shall take effect January 1, 2008.
The terms of the previous Demolition Delay Bylaw will continue to
be in effect for demolition permit applications delivered to the Town
Clerk on or before December 31, 2007.[1] Upon approval of this article by the Office of the Attorney General, the Historical Commission shall have the authority to begin development of a List of Significant Buildings in accordance with the provisions of §§ 107-2 and 107-5 of this article.
Information here is standard form depending on the dates of
Town Meeting action and the Massachusetts Attorney General action;
some information remains the same.
[1]
Editor's Note: A copy of the previous Demolition
Delay Bylaw is on file in the Town offices.
In case any section, paragraph or part of this
bylaw be for any reason declared invalid or unconstitutional by any
court, every other section, paragraph, and part shall continue in
full force and effect.
