DEMOLITION DELAY ORDINANCE
Sec. 25-1 Intent and Purpose
Sec. 25-2 Definitions
Sec. 25-3 Regulated Buildings and Structures
Sec. 25-4 Methuen Preservation Committee
Sec. 25-5 Procedure
Sec. 25-6 Determination of Applicability
Sec. 25-7 Emergency Demolition
Sec. 25-8 Non-Compliance
Sec. 25-9 Severability
CHAPTER 25 - DEMOLITION DELAY ORDINANCE
Section 25-A Intent and Purpose
This ordinance is adopted for the purpose of preserving and protecting significant buildings within the City which constitute or reflect distinctive features of the architectural, cultural, political, economic or social history of the City; to encourage owners of such buildings to seek out persons who might be willing to purchase, preserve, rehabilitate, or restore such buildings rather than demolish them. To achieve these purposes, the Methuen Preservation Committee (hereinafter the "Committee") is empowered to advise the Building Commissioner with respect to the issuance of permits for demolition of significant buildings.
1. Building - Any combination of materials capable of being used as a shelter for persons, animals or property.
2. Committee - The Methuen Preservation Committee.
3. Commissioner - The Methuen Building Commissioner.
4. Demolition Permit - the permit issued by the Commissioner as required by the state building code for the demolition or removal of a building or structure; and
5. Historically Significant Building or Structure - Any building or structure which is (1) importantly associated with one or more historic persons or events, or with the architectural, cultural, political, economic or social history of the city, the Commonwealth of Massachusetts or the United States of America; or (2) is historically or architecturally important by reason of period, age, style, method of building construction or association with a particular architect or builder, either by itself or in the context of a group of buildings or structures.
Section 25-C Regulated Buildings and Structures
1. A building or structure listed on, or is within an area listed on, the National Register of Historic Places or the State Register of Historic Places, or the subject of a pending application for listing on either of said Registers; or
2. A building or structure located within 200 feet of the boundary line of any federal, state or local historic district; or
3. A building or structure listed in the Inventory of the Historic Assets of the Commonwealth, or designated by the Committee for inclusion in said inventory including those buildings listed for which complete surveys may be pending; or
4. A building or structure determined by vote of the Committee to be historically or architecturally significant in terms of period, style, and method of building construction based on the following criteria:
a. Properties listed on the State Register of Historic Places and the Inventory of Historic Assets of the Commonwealth for the City of Methuen.
b. Properties in existence on or before 1875.
5. No demolition permit shall be issued for a regulated building or structure without full compliance with the provisions of this ordinance.
Section 25-D Methuen Preservation Committee
There is hereby established a committee to be known as the Methuen Preservation
Committee. The Methuen Preservation committee shall be composed of those members
serving on the Historic District Committee who shall serve ex officio on the
preservation committee. The committee shall annually choose a chairman.
Section 25-E Procedure
1. The Commissioner shall forward a copy of each demolition permit application for all regulated buildings or structures identified in section (c) of this section to the Committee within seven (7) days after the filing of such application. No demolition permit shall be issued at that time.
2. Within thirty (30) days after the receipt of such application, the Committee shall determine whether the building or structure is historically significant. The applicant for the permit shall be entitled to make a presentation to the Committee if he or she makes a timely request in writing to the Committee.
3. A. If the Committee determines that the building or structure is not historically significant, it shall so notify the Commissioner and the applicant in writing and the Commissioner may issue a demolition permit.
B. If the Committee determines that the building or structure is historically significant, it shall notify the Commissioner and the applicant in writing that a demolition plan review must be made prior to the issuance of a demolition permit. If the Committee fails to notify the Commissioner and the applicant of its determination within sixty (60) days after its receipt of the application, then the building or structure shall be deemed not historically significant and the Commissioner may issue a demolition permit.
4. Within thirty (30) days after the applicant is notified that the Committee has determined that a building or structure is historically significant, the applicant for the permit shall submit to the Committee nine (9) copies of a demolition plan which shall include the following information; (i) a map showing the location of the building or structure to be demolished with reference to lot lines and to neighboring buildings or structures; (ii) photographs of all street façade elevations; (iii) a description of the building or structure to be demolished; (iv) the reason for the proposed demolition and data supporting said reasons, including, where applicable, data sufficient to establish any economic justification for demolition; and (v) a brief description of the proposed reuse of the parcel on which the building or structure to be demolished is located.Upon receipt of the plan the Committee shall forward one copy each to the Methuen Historic Commission and the Historical Society for their review and comment on the plan.
5. The Committee shall hold a public hearing, within 30 days of receipt of the demolition plan, referenced in paragraph four, with respect to the application for a demolition permit, and shall give public notice of the time, place, and purposes thereof at least fourteen (14) days before said hearing in such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the Committee to be materially affected thereby as they appear on the most recent real estate tax list of the Board of Assessors, to the Community Development Board, to any person filing written request for notice of hearings, such request to be renewed yearly in December, and to such other persons as the Committee shall deem entitled to notice. Within sixty (60) days after its receipt of the demolition plan, the Committee shall file a written report with the Commissioner on the demolition plan which shall include the following: (i) a description of age, architectural style, historic association and importance of the building or structure to be demolished; (ii) a determination as to whether or not the building or structure should preferably be preserved. The Committee shall determine that a building or structure should preferably be preserved only if it finds that the building or structure is an historically significant building or structure which, because of the important contribution made by such building or structure to the City's historical and/or architectural resources, it is in the public interest to preserve, rehabilitate or restore.
6. If, following the demolition plan review, the Committee does not determine that the building or structure should preferably be preserved, or if the Committee fails to file report with the Commissioner within the time limit set out in subparagraph (5) next above, then the Commissioner may issue a demolition permit.
7. If, following the demolition plan review, the Committee determines that the building or structure should preferably be preserved, then the Commissioner shall not issue a demolition permit for a period of six (6) months from the date of the filing of the Committee's report unless the Committee informs the Commissioner prior to the expiration of such six (6) month period that it is satisfied that the applicant for the demolition permit has made a bona fide, reasonable and unsuccessful effort to locate a purchaser for the building or structure who is willing to preserve, rehabilitate or restore the building or structure, or has agreed to accept a demolition permit on specific conditions approved by the Committee. During the six (6) month review period, the Committee shall invite the Applicant to participate in an investigation of alternatives to demolition.
Section 25-F Determination of Applicability
An owner of a regulated building or structure may petition the Committee for a determination of applicability of the ordinance. Within sixty (60) days after the receipt of such application, the Committee determine whether the building or structure is historically significant. The applicant for the permit shall be entitled to make a presentation to the Committee if he or she makes a timely request in writing to the Committee. The determination by the Committee of whether a regulated building or structure is historically significant shall be made in writing signed by the Committee and shall be binding on the Committee for a period of 5 years from the date thereof.
Section 25-G. Emergency Demolition
If the condition of a building or structure poses a serious and imminent threat to public health or safety due to its deteriorated condition, the owner of such building or structure may request the issuance of an emergency demolition permit from the Commissioner. If possible, and as soon as practical, after the receipt of such a request, the Commissioner shall arrange to have the property inspected by a board consisting of himself, the Chairman of the Committee and the Chairman of the Board of Health, and the Chief of the Fire Department, or their respective designees. After inspection of the building or structure and, to the extent possible, consultation with this Board, the Commissioner shall determine whether the condition of the building or structure represents a serious and imminent threat to public health or safety and whether there is any reasonable alternative to immediate demolition of the building or structure which would protect the public health or safety. If the Commissioner finds that the condition of the building or structure poses a serious and imminent threat to public health or safety, and that there is no reasonable alternative to the immediate demolition permit under the provisions of this Paragraph (f), they shall prepare a written report describing the condition of the building or structure and the basis for his decision to issue an emergency demolition permit with the Committee. Nothing in this Paragraph (f) shall be inconsistent with the procedures for the demolition and/or securing of building and structures established by Chapter 143, Section 6-10, of the Massachusetts General laws. In the event that a Board of Survey is convened under the provisions of Section 8 of said Chapter 143 with regard to any building or structure identified in Paragraph (c) of this section, the Commissioner shall request the Chairman of the Committee or his designee to accompany that Board of Survey during its inspection. A copy of the written report prepared as a result of such inspection shall be filed with the Committee.
1. The Committee and the Building Commissioner are each authorized to institute any and all proceedings in law or equity, as they deem necessary and appropriate to obtain compliance with the requirements of this bylaw, or to prevent a violation thereof.
2. No building permit shall be issued with respect to any premises upon which a significant building has been voluntarily demolished in violation of this bylaw for a period of twenty-two months after the date of the completion of such demolition. As used herein "premises" includes the parcel of land upon which the demolished significant building is located.
3. Upon a determination of the Committee that a building is a preferably-preserved significant building, the owner shall be responsible for properly securing the building, if vacant, to the satisfaction of the Building Commissioner. Should the owner fail to secure the building, the loss of such building through fire or other cause shall be considered voluntary demolition for the purposes of Section H (2).
4. Anyone who demolished a building or structure identified in Paragraph (C) of this section without first obtaining, and complying fully with the provisions of, a demolition permit, shall be subject to a fine of not less than one hundred (100) dollars nor more than three hundred (300) dollars.
If any section, paragraph or part of this bylaw be for any reason declared invalid or unconstitutional by a Court authority, every other section, paragraph and part shall continue in full force and effect.
(Ord. # 734, eff. February 21, 2002, Ord. # 811, eff. April 4, 2007 Repealed
Ord. # 734)