Town of Yarmouth, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Special Town Meeting of the Town of Yarmouth 8-30-1989 by Art. 14. Amendments noted where applicable.]
This chapter is enacted to promote the public welfare and to safeguard the Town's historical, cultural and architectural heritage by protecting historic resources that make the Town a more interesting, attractive and desirable place in which to live. The intent is to protect and preserve historic properties by encouraging their owners to seek alternatives to demolition.
As used in this chapter, the following words and terms, unless the context requires otherwise, shall have the following meanings:
BUILDING
Any combination of materials having a roof and/or having formed a shelter for persons, animals or property.
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
COMMISSION
The Yarmouth Historical Commission.
DEMOLITION
Any act of destroying, elimination, pulling down, razing or removing a building or any portion thereof or starting the work of any such act with the intention of completing the same.
PERSON
Any actual person, firm, partnership, association or corporation.
SIGNIFICANT BUILDING OR STRUCTURE
Any building or structure or portion thereof which is not within a regional historic district, subject to regulation under the provisions of MGL c. 40C and has been listed or is the subject of a pending application for listing on the National Register of Historic Places or has been listed on the Massachusetts Register of Historic Places or is over 75 years of age and:
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
A. 
Is associated with one or more historic persons or events contributing to the cultural, political, economic or social history of the Town or the commonwealth; or
B. 
Is historically or architecturally important (in terms of period, style, method of construction, or association with a famous architect or builder), either by itself or in the context of a group of buildings or structures.
STRUCTURE
A combination of materials, other than a building, including, but not limited to, a wall, fence, walk, driveway.
[Added 4-4-2011 ATM by Art. 37, approved 7-21-2011]
A. 
No permit for the demolition of a building shall be issued other than in conformity with the provisions of this chapter as well as in conformity with provisions of other laws applicable to the demolition of buildings and the issuance of permits therefor generally.
B. 
When an application is made for a demolition permit at the Building Department, the applicant shall deliver a copy of said application, signed by the owner of record at the time of application, to the Historical Commission.
C. 
The Commission, within 10 business days of the receipt of the application, shall determine the significance of said building. When said building is determined to be a significant building, in accordance with the criteria set forth in the definition of "significant building" in § 92-2, the Commission shall notify, in writing, the Building Commissioner, the Town Clerk and, by certified mail, the owner of record as indicated on the application.
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
D. 
The Commission shall hold a public hearing on said significant building or structure application within 30 days after the date it is filed with the Town Clerk and shall give notice thereof by publishing the date, time, place and purpose of the hearing in a local newspaper at least 14 days before such hearing and also within seven days of said hearing and shall mail a copy of said notice to the applicant. The Commission may also require that the applicant maintain on said significant building or structure a notice in a form designated by the Commission, visible from the nearest public way, of any hearing upon the subject matter of such application.
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
E. 
The Commission shall notify the applicant, the Building Commissioner and the Town Clerk within 10 business days from the close of the public hearing if the Commission determines that the demolition of the significant building or structure would not be detrimental to the historical, cultural or architectural heritage or resources of the Town. The Building Commissioner may, subject to the requirements of the State Building Code and any other applicable laws, bylaws, rules and regulations, issue the demolition permit.
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
F. 
The Commission shall notify the applicant, the Building Commissioner and the Town Clerk within 10 business days from the close of the public hearing if the Commission determines that the demolition of the significant building or structure would be detrimental to the historical, cultural or architectural heritage or resources of the Town, and no demolition permit may be issued until at least 180 days after the date of such determination by the Commission.
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
G. 
The Building Commissioner may issue a demolition permit for the significant building which is the subject of said hearing at any time after receipt of written advice from the Commission to the effect that either:
(1) 
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 is satisfied that for at least 180 days the owner has made continuing, bona fide and reasonable efforts as evidenced by monthly progress reports to locate a purchaser to preserve, rehabilitate or restore the subject building or structure and that such efforts have been unsuccessful.
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
A. 
Nothing in this chapter shall restrict the Building Commissioner from ordering the demolition of a significant building or structure determined by him to present a danger to the safety of the public which only demolition can prevent.
B. 
In such event, the Building Commissioner shall notify the Historical Commission in writing within five days of the decision to approve the emergency demolition.
A. 
Whoever violates any provision of this chapter shall be penalized by a fine of not more than $300 per day.
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
(1) 
Each day during which the violation exists shall constitute a separate offense until the faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission.
(2) 
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 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.
B. 
The Commission and the Building Commissioner and/or his assignees are each authorized to institute any and all proceedings in law or equity as they deem necessary to obtain compliance with the requirements of this chapter or to prevent a violation thereof.
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.
No provision of this chapter shall be construed or applied so as to conflict with MGL c. 143. In the event of any apparent conflict, the provisions of MGL c. 143 shall prevail.