Vote Language:That the Town does and hereby amends Title VI, Article 6 of the Town’s bylaws so that the revised Title VI, Article 6 reads:
ARTICLE 6
HISTORICALLY OR ARCHITECTURALLY SIGNIFICANT BUILDINGS
Section 1. Intent and Purpose
This Bylaw is adopted for the purpose of preserving and protecting, through advance notice of their proposed demolition, significant buildings within the Town which constitute or reflect distinctive features of the architectural, cultural, political, economic or social history of the Town, to encourage owners of preferably-preserved significant buildings to seek out persons who might be willing to purchase and to preserve, rehabilitate, or restore such buildings rather than demolish them, and by furthering these purposes to promote the public welfare, to preserve the resources of the Town, and to make the Town a more attractive and desirable place in which to live. To achieve these purposes, the Arlington Historical Commission is empowered to advise the Arlington Building Inspector with respect to the issuance of permits for demolition, and the issuance of demolition permits for significant buildings is regulated as provided in this Bylaw. This Bylaw also provides a remedial process through which “Significant Buildings” listed on the “Inventory” created and maintained by the Arlington Historical Commission, and provided to the Building Inspector, may be removed from said “Inventory.”
Section 2. Definitions
(ART. 35, ATM – 05/01/89) (ART. 31, ATM – 04/25/90)
The following terms, when used whether or not capitalized in this Bylaw, shall have the meanings set forth below, unless the context otherwise requires.
A. "Building" Any combination of materials forming a shelter for persons, animals or propertyB. “Significant Building” any building:
1. which is listed on, or is within an area listed on, the National Register of Historic Places, or which is the subject of a pending application for listing on said National Register, or
2. which is or has been listed on an Inventory provided to the Building Inspector by the Commission
C. “Preferably-Preserved Significant Building” – any significant building which the Commission determines is in the public interest to be preserved or rehabilitated rather than to be demolished
D. “Commission” - the Arlington Historical Commission
E. “Commission Staff” - the chairperson of the Commission, or any person to whom the chairperson has delegated authority to act as Commission staff under this Bylaw
F. “Inventory” - a list of buildings on file at the Massachusetts Historical Commission that have been designated by the Commission to be significant buildings after a finding by the Commission that a building either
1. is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or Commonwealth, or
2. is historically or architecturally significant (in terms of period, style, method of building construction, or association with a famous architect or builder) either by itself or in the context of a group of buildings
G. “Building Inspector” - the person occupying the office of Building Inspector or otherwise authorized to issue demolition permits
H. “Application” - an application for a permit for the demolition of a building which shall include a photograph of the building taken within the past year
I. “Permit” - a permit issued by the Building Inspector for demolition of a building pursuant to an application therefor
J. “Demolition” - the act of pulling down, destroying, removing, or razing a building, or commencing the work of total or substantial destruction with the intent of completing the same. A structure is considered to be demolished if it is destroyed due to the owner's failure to maintain a watertight and secure structure. A structure shall also be considered to be demolished if more than twenty-five percent (25%) of the front or side elevations are removed or covered. Each elevation shall be calculated separately
K. “Business Day” - a day which is not a legal municipal holiday, Saturday or Sunday
L. “Property owner” – the owner of record of a Building, as found on the Town’s local tax list
Section 3. Procedure
(ART. 24, ATM – 05/01/89) (ART. 31, ATM – 04/25/90)
A. The Building Inspector, on the day of receipt of an application for demolition of a listed significant building or within the next five successive business days, shall cause a copy of each such application for a demolition permit to be forwarded to (or shall satisfy themself that a duplicate of such application has been submitted to) the Commission. No demolition permit shall be issued at that time. Within five business days of the receipt by the Building Inspector of said application they shall personally inspect the site of the proposed demolition to verify the accuracy of the information contained in the application with particular attention to the correctness of the address listed.
B. The Commission shall fix a reasonable time, within 30 days of receiving a copy of such application, for a hearing on any application and shall give public notice thereof by publishing notice of time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property deemed by the Commission to be affected thereby as they appear on the most recent local tax list, to the Arlington Historic Districts Commission and to such other persons as the Commission shall deem entitled to notice.
C. If, after such hearing, the Commission determines that the demolition of the significant building would not be detrimental to the historical or architectural heritage or resources of the Town, the Commission shall so notify the Building Inspector within ten (10) days of such determination. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if such person has not received notification from the Commission, the Building Inspector may, subject to the requirements of the State Building Code and any other applicable laws, bylaws, rules and regulations, issue the demolition permit.
D. If the Commission determines that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the Town, such building shall be considered a preferably-preserved significant building.
E. Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a preferably-preserved significant building, the Commission shall so advise the applicant and the Building Inspector, and no demolition permit may be issued until at least twelve months after the date of the application for demolition.
F. Notwithstanding the preceding sentence, the Building Inspector may issue a demolition permit for a preferably-preserved significant building 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 twelve months the owner has made continuing bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the subject building, and that such efforts have been unsuccessful.
G. No permit for erection of a new structure on the site of an existing significant building may be issued prior to issuance of a permit for demolition of such existing building.
H. No permit for erection of a new building, paving of drives or for parking shall be issued for two (2) years if a structure is demolished in violation of this bylaw.
Section 4. Inventory Removal Procedure
The removal of listed properties from the Inventory that have been previously determined to include Significant Building shall be done in accordance with the following procedures:
A. A Homeowner may submit an appeal to the Commission to request the removal of the Homeowner’s Building from the Inventory and a determination that the Building is not a Significant Building for purposes of Section 2(B)(2).
B. Any appeal to remove a building, structure or property from the Inventory shall be considered by the Commission at a public hearing.
C. The Commission shall provide public notice of any such hearing in accordance with the provisions set forth in Section 3(B) of this Bylaw.
D. The Commission shall hold a public hearing (the “Public Hearing”) on an appeal to remove a Building from the Inventory withing sixty (60) days and the public hearing on the appeal shall be concluded within ninety (90) days of the appeal filing date (the “Public Hearing Deadlines”) unless the applicant consents to extend the Public Hearing Deadlines. Any appeal submitted to the Commission under this Section shall be constructively approved if the Commission fails to abide by the Public Hearing Deadlines and if no extension by the applicant is granted.
E. The Commission shall consider the following factors at a Public Hearing in which it reviews an appeal to remove a Building from the Inventory:
1. Whether the Building was added to the Inventory in error;
2. Whether the Building is a Significant Building or is the subject of a pending application of the same listed on, or is within an area listed on, the National Register of Historic Places or is the subject of a pending application for listing on said National Register;
3. The extent, if any, of the documented historical significance of the Building;
4. Whether there are any factual circumstances that have changed since the Building’s inclusion on the Inventory that impact the Building’s status as a Significant Building.
F. The Commission shall issue a notice of decision detailing the reasons for its decision within fifteen (15) business days of the conclusion of Public Hearing. If the Commission determines that a Building is not properly on the Inventory, the date of the Commission’s notice of decision shall be the date the Building is removed from the Inventory. The Commission shall issue the notice of decision by mailing it to the Homeowner and providing a copy to the Town’s Director of Inspectional Services.
Section 4 5. Emergency Demolition
Nothing in this article shall be construed to derogate in any way from the authority of the Inspector of Buildings derived from Chapter 143 of the General Laws. However, before acting pursuant to this chapter the Inspector of Buildings shall make every reasonable effort to inform the Chairperson of the Historical Commission of the Inspector’s intentions to cause demolition before the Inspector initiates same.
Section 5 6. Historic Districts Act
Nothing in this bylaw shall be deemed to conflict with the provisions of the Historic Districts Act, General Laws, Chapter 40C, with respect to requirements as to notice, a hearing and issuance by the Arlington Historic District Commissions of a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship prior to demolition of any building in an historic district, provided, however, that any temporary building erected or maintained in an historic district pursuant to a certificate issued by the Arlington Historic District Commissions may be demolished in a manner not inconsistent with the terms of said certificate.
Section 6 7. Severability
If any section, paragraph or part of this Bylaw is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.