Chelmsford, MA Demolition Delay Bylaw
§ 16-1. Permit Required
No building shall be demolished in whole or in part in
the Town of Chelmsford without a permit from the Building Inspector.
§ 16-2. Procedure; delay; alternatives; emergencies; violations and penalties
A. Intent and purpose.
(1) The intent and purpose of this chapter is to preserve and protect from
demolition, historically significant buildings and structures
which reflect distinctive features of the architectural, cultural, political, economic, and/or
social history of the town: to encourage owners of such buildings or structures to explore
and develop alternatives to such demolition: to seek out persons or entities who
might be willing to purchase, preserve, rehabilitate or restore such buildings or
structures rather than demolish them: and thereby to preserve the historic resources of the
Town, and to make the Town a more attractive and desirable place in which to live, and
so promote the general welfare.
(2) For purposes of the chapter "the term
demolition" shall mean any act of pulling down, destroying, moving, removing or razing a
building or structure or any portion thereof, including destruction through willful neglect or
arson.
B. Procedure.
(1) Notice of Intent to Demolish:
No demolition permit shall be issued for any building or structure that
was constructed seventy-five (75) or more years prior to the year
of the application, other than in conformity with the provisions
of this Bylaw. The property owner shall first file an
application for a demolition permit with the Inspector of Buildings,
and the Inspector of Buildings shall forward a copy of such
application within one (1) week to the Historical Commission,
the Board of Selectmen, and the Planning Board. The application
shall be reviewed by the Historical Commission at its next regular
meeting. Such application shall
be in the form provided and established by the Inspector of Buildings
in consultation with the Historical Commission
and shall include a copy of the demolition plan, a description of the
building or structure to be demolished, the reasons for the demolition
and the proposed reuse of the property, including a written
description or concept plan describing the proposed reuse.
If the property owner is unable to specify the
exact age of the building or structure, the application shall so
state, and shall set forth the best-known estimate of age and the
basis for such estimate.
(2) Determination of Significance
A building or structure which was constructed seventy-five (75) or
more years prior to the year of the application may be deemed to
be significant if the Historical Commission, at a public meeting,
finds that the building or structure is significant to the
architectural, cultural, political, economic or social history of the
Town.
(3) Non-Applicability
Upon determination by the Historical Commission that the building or
structure is not historically significant, the Historical Commission
shall submit a negative finding to the property
owner, and a copy thereof shall be furnished to the Inspector of
Buildings. Upon receipt of such notification, or after the expiration
of one hundred and twenty (120) days from the date
of submission of the demolition application to the Historical
Commission, the Inspector of Buildings may issue the demolition
permit.
C. Public Hearing:
Unless the Historical Commission has determined that the building or
structure is not historically significant, the Historical Commission
shall hold a public hearing to determine if the building or structure
is “preferably preserved.” The Historical Commission shall hold a
public hearing within sixty (60) days from the date of
submission of the demolition application to the Commission. The
date of submission shall be the date the application is received at
a meeting of the Commission. Notice of
the Public Hearing shall be provided as described in Massachusetts
General Laws (M.G.L.) Chapter 40A, § 11. The Historical Commission at
the expense of the applicant shall complete the newspaper publication
and abutter notification. Within thirty (30) days of the close
of the public hearing, the Historical Commission shall make one of the
following determinations:
(1) Preferably Preserved:
If the proposed demolition would be detrimental to the architectural,
cultural, political, economic or social heritage or resources of the
Town, then such building or structure shall be considered preferably
preserved.
(2) Not Preferably Preserved:
If the Commission finds that the building or structure is not preferably
preserved, or where less than a complete demolition is being proposed,
that the work to be done will not materially diminish its historical
significance, the Inspector of Buildings may thereafter allow
demolition in accordance with applicable law.
The failure of the Historical Commission to issue its written
determination within thirty (30) days after the close of the
hearing shall be deemed to constitute a determination that the
building or structure is not considered preferably preserved.
D. Delay of Demolition:
If the Historical Commission determines that the building or structure is
preferably preserved, it may impose a demolition delay of up to twelve
(12) months from the date of such determination. Written notice of
its determination and the period of delay imposed shall be mailed
promptly to the property owner, and a copy thereof
shall be furnished to the Inspector of Buildings who shall not issue a
demolition permit during the period specified therein. However, such
permit may be issued prior to the end of such period if the Historical
Commission notifies the Inspector of Buildings that the property owner: (i)
has made a bona fide, reasonable and unsuccessful effort to locate a
purchaser for the building or structure who has agreed to preserve,
rehabilitate, restore or relocate same, or (ii)
has agreed to alternatives to demolition set forth in Section E.
E. Alternatives to Demolition
If the Historical Commission imposes a demolition delay as set forth in Section
D and/or if alternatives to demolition are developed in or after
the Public Hearing which are acceptable to the owner,
then the Historical Commission is hereby empowered, in its discretion,
to enter into an agreement with such owner providing
for such alternatives and a time period for implementation of same. A
copy of said agreement shall be filed with the Inspector of Buildings
and any other applicable Town department, board or commission and thereafter no work shall be
done on the building or structure except in accordance with the terms
of said agreement unless and until a new application for a demolition
permit is filed and processed hereunder.
F. Expiration of Demolition Delay
At the end of any period of demolition delay as set forth in this
chapter, including any alternatives agreed upon pursuant to Section E,
the Historical Commission shall notify the Inspector of Buildings the
period of delay has expired, and the owner
shall be entitled to apply for all necessary demolition permits to
allow the work to go forward as set forth in the Demolition Permit,
and pursuant to applicable law.
G. Emergency Demolition.
Nothing in this chapter shall restrict or prevent the Inspector of Buildings
from ordering the immediate demolition of any building or structure
that is determined to be imminently dangerous or unsafe to the public.
The Inspector of Buildings shall file a copy of any such order of
emergency demolition with the Historical Commission.
H. Enforcement and Remedies
(1) Enforcement:
The Inspector of Buildings shall have the authority to enforce this chapter
in the manner described in Section 195-100 of the Chelmsford Zoning Bylaw.
(2) Issuance of Building Permit.
No building permit shall be issued or be valid for any parcel or premises
upon which a historically significant building or structure, or
property has been demolished by an intentional or grossly negligent
violation of this hapter, for a period of up to three (3) years
after a completion of such demolition.
(3) Multiple remedies:
The remedies and enforcement procedures set forth in this Section may be
applied separately or in conjunction with one another.
I. Penalty
Any person violating any of the provisions of this chapter shall be fined
not more than three hundred (300) dollars for each offense.
Each day that such violation continues shall constitute a separate offense.
J. Request for Enforcement.
If the Inspector of Buildings is requested in writing to enforce this
chapter against any person allegedly in violation of the same, he shall
notify, in writing, the party requesting such enforcement of any
action or refusal to act, and the reasons therefore, with fourteen
(14) days of receipt of such request.
K. Historic Districts Act.
If any of the provisions of this by-law shall conflict with the Historic
Districts Act, M.G.L. Chapter 4OC, the state statute shall prevail.
L. Validity.
The invalidity of any section or provision of this chapter
shall not render invalid any other section or provision of this
chapter or act or relation thereto.
Approved at Town Meeting October 20, 2008; Posted February 25, 2009
Chelmsford Historical Commission
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