§ 112-3. Procedures.

A. 

No permit for the demolition of a building which is a significant building as defined in § 112-2 herein shall be issued other than in conformity with the provisions of this article as well as in conformity with the provisions of other laws applicable to the demolition of buildings and the issuance of permits therefore generally.

B. 

Any person who intends to file an application for a permit to demolish a building which (1) Has been listed or is the subject of a pending application for listing in the National Register of Historic Places or is listed in the Massachusetts Register of Historic Places; or (2) Is over 75 years of age shall first file a notice of intent to demolish a significant building with the Town Clerk, and in addition, shall complete the review process established in § 112-3A through I herein. The Town Clerk shall forthwith transmit copies of each duly filed notice of intent to the Commission and the Building Commissioner. At the time of filing an application or request, the applicant shall pay a filing fee to be determined annually by the Town Manager to cover costs and expenses associated with this article.

C. 

The Commission shall prepare and have available for distribution a notice of intent to demolish a significant building, which shall contain at least the following information:

(1) 

The applicant's name, address, if different in such property;

(2) 

The owner's name and address, if different from that of the applicant's;

(3) 

The address or location of such property;

(4) 

Assessor's map and parcel number;

(5) 

A brief description of such property; and

(6) 

An explanation of the proposed use to be made of the site of such property.

D. 

Where an applicant has filed a notice of intent to demolish a building that is over 75 years of age which neither has been listed nor is the subject of a pending application for listing on the National Register of Historic Places nor has been listed on the Massachusetts Register of Historic Places, the Commission Chair or Chair's designee, in consultation with the Planning and Development Department Staff, shall, within 21 business days of the filing of the notice of intent, file with the Town Clerk an initial determination, in writing, as to whether or not the building is a significant building in accordance with any criterion set forth in § 112-2, definition of "significant building," Subsections A and B. A determination that a building is not a significant building shall be transmitted by the Commission to the applicant, to the Building Commissioner and to the Town Clerk, and the applicant shall not be required to take any further steps prior to filing for a demolition permit. This determination shall be in effect for 24 months from the date of determination filing with the Town Clerk. After 24 months have elapsed, a new determination shall be required.

[Amended 5-4-2017 by Order No. 2017-142]

E. 

The Commission, unless the building is not significant, shall hold a public hearing on each such notice of intent within 65 days after the date the notice intent is filed with the Town Clerk, and shall give notice thereof by publishing the date, time, place and purpose of the hearing in a local newspaper at least 14 days before such hearing, and also within seven days of said hearing, mailing a copy of said notice to the applicant and to all property owners within 300 feet of the subject property's boundaries. The Commission may require the applicant to post the Commission's notice form on the subject building and/or property. This form shall be visible from the nearest public way. Within 21 days from the close of the public hearing, the Commission shall file a written determination with the Town Clerk as to whether the demolition proposed will be detrimental to the historical, cultural or architectural heritage or resources of the Town of Barnstable.

F. 

If after such hearing the Commission determined that the demolition of the significant building would not be detrimental to the historical, cultural or architectural heritage or resources of the Town, the Commission shall so notify the applicant, the Building Commissioner and the Town Clerk. Upon receipt of such notification, the Building Commissioner may, subject to the requirements of the State Building Code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit.

G. 

If the Commission determines that the demolition of the significant building would be detrimental to the historical, cultural or architectural heritage or resources of the Town, such building shall be considered a preferably preserved significant building.

H. 

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 notify the applicant, the Building Commissioner, and the Town Clerk, and no demolition permit may be issued until 18 months after the date of such determination by the Commission is filed with the Town Clerk.

I. 

Notwithstanding the preceding sentence, the Building Commissioner 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 and restore such building; or

(2) 

The Commission is satisfied that 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.

J. 

The Commission's determination shall be in effect for 24 months from the date of determination filing with the Town Clerk. After 24 months have elapsed, a new determination shall be required.

Amended 1-3-2013 by Order No. 2013-057