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| ARTICLE 5.3 DEMOLITION BY-LAW
This by-law is adopted to preserve and protect significant buildings within the Town which reflect distinctive features of the architectural, cultural, political, economic or social history of the Town and/or Commonwealth; to encourage property owners of significant buildings to seek ways to preserve, rehabilitate or restore such buildings rather than demolish them; and by furthering these purposes, to preserve the resources of the Town and promote the public welfare. To achieve these purposes, the Brookline PRESERVATION Commission is empowered to the issuance of demolition permits as provided in this by-law. SECTION 5.3.2 DEFINITIONS The following terms when used in this by-law, shall have the meanings set forth below, unless the context otherwise requires: (a) "Building" - any combination of materials having a roof and permanent foundation and forming a shelter for persons, animals or property. (b) "Significant Building" - any building within the Town which the Commission determines, as provided in Section 5.3.5 AND 5.3.8 of this by-law, to be in the public interest to be preserved or rehabilitated, and whose demolition would be detrimental to the historical and/or architectural heritage and resources of the Town. (c) "Commission"-the Brookline PRESERVATION Commission (d) "Commission staff" - the persons(s) regularly providing staff services for the Commission whom the Commission has designated Commission staff for the purposes of this by-law. (e) "Initial determination" - any determination contemplated in Section 5.3.5 of this by-law made by the Commission or its staff. (f) "Application" - an application to the Building Department for a demolition permit. (g) "Permit" - a permit issued by the Building Commissioner for the demolition of a building pursuant to an application. (h) "Demolition" - the act of pulling down, destroying, removing or razing a building or commencing the work of total or substantial destruction. (i) "Business Day" - a day which is not a legal municipal holiday, Saturday or Sunday. (j) "Historic District" - Cottage Farm Historic District, Pill Hill Historic District, or any other historic district which from time to time may be established under M.G.L. Ch. 40C.
General - No permit for the demolition of a building shall be issued other than in conformity with the provisions of this by-law, notwithstanding the provision of other codes and by-laws applicable to demolition of buildings and permits issued therefor.
SECTION 5.3.5 INITIAL DETERMINATION Within ten business days of the receipt of the application by the Commission, the Commission staff shall make an initial determination as to whether the building falls into one or more of the categories listed as i-iv of this section, and shall notify in writing the Commission, the Building Commissioner, Town Clerk, Planning Director and the owner of record as indicated on the application of its initial determination. The categories shall be as follows: a. The building is located within any local historic district; b. The building is listed on or is within an area listed on the National or State Registers of Historic Places; is eligible for listing on the National or State Registers of historic places; or is a building for which a preliminary determination of eligibility has been made by the Massachusetts Historical Commission or; c. The building is associated with one or more significant historic persons or events, or with the broad architectural, cultural, political, economic, or social history of the Town or Commonwealth; or d. The building is historically or architecturally significant in terms of its period,
style, method of building construction, or its association with a significant architect or
builder, either by itself or as part of a group of buildings. The Building Commissioner shall withhold a demolition permit until the procedural requirements of SectionS 5.3.3 THROUGH 5.3.12, INCLUSIVE, have been satisfied unless: a. The Building Commissioner receives written notice from the Commission staff that the building does not fall into one or more of the categories in Section 5.3.5; b. The Building Commissioner fails to receive written notice from the Commission staff of its initial determination required by Section 5.3.5 within the specified time period; or c. The Building Commissioner receives written notice from the Commission staff that while the building falls into one or more of the categories in Section 5.3.5, the building clearly could not be deemed significant by the Commission.
Within 20 business days of an initial determination by the Commission staff that the building falls into one or more of the categories in Section 5.3.5, the Commission shall review the application and initial determination at a public hearing with notice given as provided in Section 5.3.12 to determine whether the building is significant as defined in Section 5.3.2.
If the Commission determines after a public hearing that a building is significant it shall notify the Building Commissioner, Town Clerk, Planning Director and the owner of record as indicated on the application of its final determination within 15 business days from the date of the public hearing.
The Building Commissioner shall withhold the demolition permit for a period of one year from the date upon which the final determination that the building is significant was made except as provided in Section 5.3.11.
If the Commission makes a final determination that the building is significant, the
Commission chairman and staff shall invite the owner of record of the building, the
Building Commissioner, and the Planning Director to participate in an investigation of
alternatives to demolition including but not limited to incorporation of the building into
the future development of the site; adaptive reuse of the building; utilization of
financial incentives to rehabilitate the building; seeking a new owner willing to purchase
and preserve, restore or rehabilitate the building; or moving the building. SECTION 5.3.11 EXCEPTIONS TO WITHHOLDING OF DEMOLITION PERMIT/EMERGENCY DEMOLITION (a) Notwithstanding the provisions of Section 5.3.9, the Building Commissioner may issue a demolition permit for a significant building at any time after receipt of written advice from the Commission to the effect that the Commission is satisfied that there is no reasonable likelihood that the building can be preserved, restored, rehabilitated or moved. (b) Nothing in this by-law shall restrict the Building Commissioner from immediately ordering the demolition of any building in the event of imminent danger to the public's safety or health due to deteriorated conditions. The structure shall be inspected by the Building Commissioner, and findings and reasons for immediate demolition shall be recorded in a written report, a copy of which shall be forwarded promptly to the Commission.
Notice of any public hearing required by this by-law shall be given by the Commission to the owner of record; the applicant for the demolition permit (if different from the owner of record); the immediate abutters to the subject property; to each elected Town Meeting member for the precinct in which the subject property is located; the Building Commissioner; Town Clerk; Planning Director; and to such other persons as the Commission may determine. The Commission may among other forms of notice require that the applicant maintain on the subject building 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.
The Building Commissioner shall institute any and all actions and proceedings as may be necessary and appropriate to obtain compliance with the requirements of this by-law or to prevent a violation or threatened violation thereof.
There is hereby established a filing fee for a Certificate of Significance. The amount of the fee shall be established, and may be amended from time to time, by the Board of Selectmen.
Anyone who demolishes a significant building except pursuant to court order without complying fully with the provisions of this by-law shall be subject to a fine not to exceed $300. Each day from the date of the commencement of demolition to the final determination by court of competent jurisdiction shall constitute a separate offense. In addition, no building permit may be issued for such premises while such court action is pending, or after a judicial determination that there has been a violation of this by-law. Notwithstanding the foregoing, a building permit may be issued two years after the completion of such demolition of a significant building, and a building permit may be issued at any time for new construction which would replicate the exterior of the demolished significant structure, including but not limited to use of materials, design, dimensions, massing, arrangement of architectural features, and execution of decorative details. As used herein, premises refers to the parcel of land upon which the demolished building was located and all abutting parcels of land under common ownership or control on or subsequent to the date this by-law was voted by Town Meeting.
If any of the provisions of this by-law shall conflict with the Historic Districts Act, G.L. Ch. 40C, the state statute shall prevail.
The invalidity of any section or provision of this by-law shall not render invalid any other section or provision of this by-law.
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