1999 Annual Town Meeting
April 26, 27, 28 and May 3
DEMOLITION DELAY BYLAW
ARTICLE 53. Upon a motion duly made and seconded, it was
VOTED: To adopt the following Demolition Delay Bylaw:
Section 1. Intent and Purpose
The purpose of this article is to establish a predictable process for preserving and protecting significant buildings and other structures within the Town of Concord (the "Town") which constitute or reflect distinctive features of the cultural, political, architectural or social history of the Town; to encourage owners of such buildings and other structures to seek out persons or groups of people who might be willing to purchase, preserve, rehabilitate, or restore such buildings or other structures rather than demolish them; or, barring that, to create a record, including a photo/video history of such buildings or other structures; and to provide a reasonable time period for public notice and discussion by interested groups and individuals of means by which to preserve such buildings and other structures.
Section 2. Definitions
For the purposes of this bylaw the following words and phrases shall have the meanings set forth below:
2.1 "CHC" - the Concord Historical Commission
2.2 "Building Commissioner"- the Building Commissioner of the Town of Concord, or other person authorized by state law or local bylaw to issue demolition permits in the Town.
2.3 "Building or other Structure" - any combination of materials forming a shelter for persons, animals, or property, and/or such other walls, fences, paths, statues, monuments, bridges, burial grounds or other combinations of building materials.
2.4 "Demolition" - any act of pulling down, destroying, removing or razing any building or other structure or any substantial portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same. A "substantial" portion or "substantial" destruction of a building or other structure is defined as either half the volume of the building or other structure or half its value, as determined by the Building Commissioner.
2.5 "Significant listed building or other structure" - a building or other structure placed on the attached list by virtue of its inclusion in the Historic Resources Masterplan of Concord, MA of 1995* or its having been designated a "significant listed building or other structure" by the procedures laid out in section 8 of this bylaw, and by its location outside of a Local Historic District, or LHD. (LHD buildings are already protected by the LHD designation.) *Available at the Public Library.
2.6- "Demolition Permit" - a written approval for demolition of a building or other structure, issued by the Building Commissioner in response to an application for such a permit, as required by the State Building Code.
2.7 "6 Month Delay period" - the 6 month period, dated from the stamped receipt by the Building Commissioner of the application for a demolition permit.
Section 3. Procedure
3.1 When the Building Commissioner receives a demolition permit application for a "significant listed building or other structure", he will within 15 days inform both the applicant and the CHC in writing by certified mail that a demolition permit application has been received, that the Demolition Review Bylaw is in effect, and whether s/he has determined to grant or deny such
permit.
If the Building Commissioner determines to grant the demolition permit, the CHC will then have up to 15 days to appeal the Building Commissioner's decision to the Board of before a demolition permit is issued.
If the Building Commissioner determines not to grant the demolition permit, the permit applicant may in a similar manner as above appeal the decision to the Board of Appeals. The Board of Appeals will handle appeals under this bylaw in the same manner in which it handles all other appeals. No demolition permit may actually be issued until the expiration of the appeal period. The filing of an appeal will stay the issuance of a demolition permit until final disposition of the appeal. In any case, at the end of the 6 Month Delay period, all appeals by either the CHC or the applicant or any abutter shall be moot, and a demolition permit shall be issued if no alternative method of saving the significant listed building or other structure has been agreed upon.
If the applicant does not choose to appeal, the 6 Month Delay period will go into effect and no demolition permit will be issued until 6 months after the date of the initial application to the Building Commissioner.
3.2 During the 6 Month Delay period, the applicant, the CHC and any other interested parties are encouraged to work to seek an alternative to the proposed demolition. (See Sec. 1, Intent and Purpose). The Building Commissioner will not issue a permit for any construction or alteration on the site of the significant listed building or other structure during this 6 months.
3.3 Upon notification of the 6 Month Delay period in the issuance of the demolition permit, an applicant may request a waiver of the demolition delay bylaw by applying directly to the Concord Historical Commission for a demolition plan review.
3.4 Demolition Plan Review
(a) After the Building Commissioner's initial determination that a demolition application involves a demolition of a significant listed building or other structure which is subject to the 6 month delay period, the applicant for the demolition permit may submit to the CHC a demolition plan which shall include the following information: (i) a lot plan showing the location of the building or other structure to be demolished on the property and with reference to neighboring properties; (ii) a brief description of the type of building or other structure and the reason for the proposed demolition with supporting data; (iii) and optionally may include a brief description of the proposed reuse of the premises upon which the building or other structure is located.
(b) After giving public notice the CHC shall hold a public hearing within 30 days from receipt of the demolition plan. At the close of this hearing a vote of the majority of the CHC members shall determine whether to issue a waiver. Within 15 days from the date of the public hearing the CHC shall file a written report of its decision with the Building Commissioner, which shall include the following: (i) a description of the age, architectural style, historical associations and importance of the building or other structure to be demolished; (ii) a determination as to whether the building or other structure should be preserved and remain subject to the demolition delay.
(c) Upon a determination by the CHC that any building or other structure which is the subject of an application for demolition is a significant building or other structure which should be preserved, the CHC shall advise the applicant and the Building Commissioner that the 6 Month Delay period remains in force, and no demolition permit shall be issued until 6 months after the date of the original application to the Building Commissioner.
3.5 The Building Commissioner may issue a demolition permit for a significant listed building or other structure at any time after receipt of written opinion from the CHC to the effect that either: (i) the building or other structure is determined not to warrant preservation, or (ii) the CHC 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 other structure.
Section 4. Emergency Demolition
Nothing in this bylaw shall restrict the Building Commissioner from immediately ordering the demolition of any building or other structure in the event of an imminent danger to the safety of the public.
Section 5. Enforcement and Remedies
5.1 The CHC and/or the Building Commissioner are each specifically authorized to request that the Town Manager, with the approval of the Selectmen, institute any and all actions and proceedings, in law or in equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this bylaw or to prevent a threatened violation thereof.
5.2 Anyone who demolishes a significant listed building or other structure without first obtaining and complying fully with the provisions of a demolition permit in accordance with this bylaw shall be subject to a fine of not more than $300.
5.3 No building permit for a new building or other structure shall be issued with respect to any premises upon which a significant listed building or other structure has been voluntarily demolished in violation of this bylaw for a period of two (2) years after the date of the completion of the demolition. As used herein "premises" includes the parcel of land upon which the demolished significant listed building or other structure was located, and all adjoining parcels of land under common ownership or control.
5.4 Upon application for a demolition permit for a significant listed building or other structure the owner shall be responsible for properly securing the building or other structure, if vacant, to the satisfaction of the Building Commissioner. Should the owner fail to secure the building or other structure, the loss of such building or other structure through fire or other cause may be considered voluntary demolition for the purposes of section 5.2 and/or section 5.3.
5.5 Nothing in this bylaw shall be deemed to exempt applicants from any requirements of the state Building Code.
Section 6. Local Historic Districts
Nothing in this bylaw shall be deemed to conflict with the provisions of Chapter 345 of the Acts of 1960 as amended (the Historic Districts Act). This bylaw shall not apply to any proposed demolition of a building or other structure which is located within a Local Historic District established under the Local Historic District Bylaw. The Historic Districts Commission shall have jurisdiction over any demolition proposals within a Local Historic District pursuant to all procedures, standards and requirements set forth therein.
Section 7. Severability
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.
Section 8. Addition of other significant buildings and/or other structures to this Bylaw's list
Further significant buildings and other structures may be added to the list covered by this Bylaw when there is a future revision of the Historic Resources Masterplan. Such additions will be pursuant to a Town Meeting vote modifying the significant listed buildings or other structures based on a report from the CHC, following the public hearings required for all warrant articles.
Demolition Review: Buildings and other structures deemed Historically valuable, but not
protected by Local Historic District designation:
NL = National Landmark
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LD = Local Historic District
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SO = State Owned
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NR = National Register
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SR = State Register
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TO = Town Owned
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Priorty
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NR
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SR
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LD
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SO |
TO
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Structure
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265 Ball's Hill Road
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Old Ball House
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2
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265 Ball's Hill Road
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Ball Barn
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1
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Barn
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324 Bedford Street
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Caesar Robbins
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2
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383 Cambridge Turnpike
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Fletch/Cuming
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2
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20 Commonwealth Avenue
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Concord Junction Depot
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2
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Y
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Y
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Depot
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106 Elm Street
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Franklin Sanborn
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2
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965 Elm Street
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Warden's House
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2
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Y
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998 Elm Street
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John Cuming House
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2
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Y
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Y
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Y
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299 Estabrook Road
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Benj. Clark House
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3
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"Antietam"
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Fairhaven Road
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Smallpox Cemetery
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2
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Y
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Cemetery
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158 Fairhaven Road
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Ephraim Potter/Pest
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2
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Y
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Y
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Smallpox Hospital
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240 Fairhaven Road
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Chas Francis Adams
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2
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317 Garfield Road
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Thorn Mott Shaw
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2
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Y
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Y
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112 Great Meadows Road
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Samuel Hoar House
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3
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Gave Gt. Meadows
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249 Harrington Avenue
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Wheeler/Harrington
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2
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Y
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45 Hubbard Street
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Black Horse Tavern
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2
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1325 Lowell Road
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Daniel Wood House
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3
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Musket. Farm
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1710 Lowell Road
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Adams/Chandler/Mel
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2
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1694 Main Street
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Roger Brown
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2
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Y
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Y
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1700 Main Street
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Damon Mill
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2
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Y
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Y
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Mill
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1709 Main Street
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Damon Mill Tail Race
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2
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Tail Race
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25 Middle Street
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Old Academy
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2
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HDT Taught
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577 Monument Street
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J.E. Wright (Shattuck/Barr)
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3
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635 Monument Street
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Minot Pratt Farm
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3
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755 Monument Street
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Log Cabin/Watertank
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2
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775 Monument Street
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Barrett/Hutchins House
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1
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1024 Monument Street
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Barn
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3
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