[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:
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]
The Yarmouth Historical Commission.
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.
Any actual person, firm, partnership, association or corporation.
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]
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
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.
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.
