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8007_DEMOLITION DELAY- TOWN COUNCIL - TOWN ORDINANCE �erno I.-Pcn -D-e Totem Counci I fawn LEGAL NOTICE TOWN OF AGAWAm BOARD LEGAL NOTICE �:. The Agawam PlanAM Board:will.hold a public ing amendment can be obtained from the hearing on Thursday Fe ruary 1$ i.999 at 7:15 PM Agawam Planning Office .or the Agawam Town at>ahe Faolin Peirce Com�rit�nity 'Room, Agawam Clerks Office between the hours of 8:30 AM and P,o a Station, 681 Springfiel`dd Street, Feeding 4:30 PM in the Agawam Town Hall, 36 Main Streeit, HII"sy MA. The purpose of this hearing will be to Agawam, MA. BY ORDER Ot= hear the petition of the Agawam Town Council for Chairmai@ W- 3 ed amendment to the Agawam Zoning Charles R. Calabrese,e, ��C��h�,���ter �`SQ =b�y adding a provision Agawam Planning Board o de`"layirig the diem itiori liistorcisiiy Published: January 28, 1999 significant buildings: A copyof the proposed zon- - LEGAL NOTICE LEGAL_NOTICE _ L LEGAL NOTICE LEGAL N(XIGE �po 1 TOWN OF AGAWAM `��,{p an TOWN OF AGAWAM PLANNING BOARD �C PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, March 18, 1999 at 7:15 PIN at The Agawam Planning Board will hold a public the Faolin Peirce Community Room, Agawam hearing on Thursday, March 18,1999 at 7:15 PM at Police Station, 681 Springfield Street, Feedino the Faolin Peirce Community Room, Agawam. H s, MA. The purpose of this hearing will be .to Police Station, 681 Springfield Street, Feeg Irt th petition of Twenty-One (21) RegisTe ed, Hill$,'MA. The purpose of this hearing will be a Vlo fort ioposed amendment-to the-Agawam hear ;the petition of Twenty-One (21) Registered - 'Q diva cn e;Chapter 180;by addin a MOW. Voter`s"for a proposed amendment to the Agawam S on relative to delaying the demolition of Zoninglordinance,Chapter 180,by addingg a p1 vf• h torically significant buildings. A copy of the sion�' relative io delaying the demolition, of proposed zoning amendment can be obtained historically significant buildings. A copy of the from the Agawam Planning Office or the Agawam pcop`osed zoning amendment can be obtafoed Town Clerk's Office between the hours of 8:30 AM from: he Agawam Planning Office or the Agawam and 4:30 PM in the Agawam Town Hall, 36 Main Tow;n:Clerk's Office between the hours of 8:30 AM Street, Agawam, MA. and-440 PM in the Agawam Town Hall, 36 Main BY ORDER OF: Street, Agawam, MA. Charles R. Calabrese, Chairman BY ORDER OF: Agawam Planning Board C1htles R. Calabrese, Chairman Published: March 4, 1999 g Manning Board Published: fl?I�af�ctt ,4 �. LEGAL NOTICE LEGAL NOTICE gdo TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, February 18,1999 at 7:15 I?4. a*t'the Faolin Peirce Community Room, Agawam Police Station, 681 Springfield Street, Feeding Hills, MA. The purpose of this hearing will be tc hear the petition of the Agawam Town Council fo a_ proposed .amendment to the Agawam Zoning iinance;aGWjap-ter 1,80, by adding a provisioi.- ;negative to delaying the demolition of historically significant buildings. A copy of the proposed zon- ing+, amendment can be obtained from the Aggawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall,36 Main Street, Agawam, MA. BY ORDER OF Charles R. Calabrese, Chairman Agawam Planning Board Published: February I1,,1999 4 I �� `'-h a eQ - 6L7ovd . _ 7/99 N A-f TOR-99-1 - . .fir. AN ORDINANCE TO ADD § 82-3 TO THE ee - g CODE OF THE TOWN OF AGAWAM N ` `- ` �60*A -CQk . RELATIVE TO DELAYING THE DEMOLITION l< OF HISTORICALLY SIGNIFICANT BUILDINGS ' J ' (Submitted by the Agawam Historical Commission) WHEREAS, the,most important role of a local historical commission is the preservation of the community's historic places; WHEREAS, in order to achieve the preservation of historic places, the historical commission must plan for and implement programs for the identification, evaluation and protection of the community's historic resources; WHEREAS, the Agawam Historical Commission fears that as development in our community continues,Agawam will lose more of its historic resources; WHEREAS, the Agawam Historical Commission supports the enactment of an ordinance which would delay the demolition of historically significant buildings in order to allow the owner and the town time to find some other person or group who is willing to purchase, preserve, rehabilitate or restore the building; WHEREAS, the enactment of an ordinance which would delay the demolition of historically significant buildings is in the best interests of the Town of Agawam; and NOW THEREFORE, the Agawam Town Council hereby resolves and ordains that§82-3 of Chapter 82 of the Code of the Town of Agawam entitled "Demolition Delay of Historically Significant Buildings"be added effective upon passage to read as follows: § 82-3 Demolition Delay of Historically Significant Buildings A. Intent and Purpose The purpose of this section is to preserve and protect historically significant buildings within the Town of Agawam and to encourage owners of such buildings to seek out persons who are willing to purchase, preserve, rehabilitate or restore such buildings rather than demolish them. To achieve this purpose,the Agawam Historical Commission is empowered to advise the Inspector of Buildings with respect to the issuance of permits for demolition of historically significant buildings. The issuance of demolition permits for historically significant buildings is regulated as provided in this section. B. Definitions For the purposes of this section, the following words and phrases shall have the meanings respectively as�ibed to them by this sub-section: (1) "Building" - any combination of materials forming a shelter for persons, animals, or property. (2) "Demolition" - any act of pulling down, destroying, removing or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same. (3) "Significant Building' - any building or portion thereof which: (a) is included in the Agawam Inventory of Historic Structures prepared by the Commission,as amended from time to time, including those buildings listed for which complete surveys may be pending; or (b) is 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. (4) "Commission" - the Agawam Historical Commission (S) "Historically Significant Building"-any building or portion thereof which after a public hearing of the Agawam Historical Commission: (a) is deemed to be associated with one or more historic persons or events, or with the architectural, cultural; economic,political or social history of the Town of Agawam; or (b) is historically or architecturally important(in terms ofperio4 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 or structures; or (c) is located within any federal, state or local historic district; or (d) is located within 150 feet of a federal, state or local historic district boundary. C. Procedure (1) Upon receipt of an application for a demolition permit for a significant building, the Inspector of Buildings shall forward a copy thereof to the Office of Planning and Community Development. No demolition permit shall be issued at that time. (2) Within five (5) days, the Office of Planning and Community Development shall make an initial determination of the building. If the building is listed in the Agawam Inventory of Historic Structures or listed on the National Register of Historic Places, the initial determination shall be positive If the building is not listed in the Inventory or on the National Register of Historic Places, the initial determination shall be negative If the building receives a positive determination, the Office of Planning and Community Development shall notify the Commission in writing of the determination. If the building receives a negative determination, the Office of Planning and Community Development shall notify the Inspector of Buildings in writing. (;) If the initial determination is negative, the Inspector of Buildings may issue the demolition permit. If the initial determination is positive, within thirty (30) days of receipt of the determination from the Office of Planning and Community Development, the Commission shall hold a public hearing. The Historical Commission shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen (14) days before said hearing and also within seven (7) 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 in the records of the Assessor's Office, and to such other persons as the Commission shall deem entitled to notice. (4) 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 Inspector of Buildings within ten (I 0) days. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if the Inspector of Buildings has not received notification from the Commission, the Inspector of Buildings may, subject to the requirements of the state building code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit. (5) 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 historically significant building. The Commission shall notify the Massachusetts Historic Commission, the Office of Planning and Community Development, and other interested parties requesting assistance in preservation funding and adaptive reuses. f + • s (6) Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a historically significant building, the Commission shall so advise the applicant and the Inspector of buildings, and no demolition permit may be issued until at least six(6)months after the date of such determination by the Commission. (7) The Commission and other appropriate town departments shall make all efforts to assist the applicant in the preservation, rehabilitation, and/or restoration of the historically signi ftcant budding(s). Such efforts may include seeking buyers for the property,seeking grants for preservation, rehabilitation and/or restoration, or obtaining other professional assistance. (8) Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for a historically significant building at any time after receipt of written advice from the Commission to the effect that either. (a) 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 (b) the Commission is satisfied that for at least six months since the determination that the building is a historically significant building, the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building, and that such efforts have been unsuccessful. D. Enforcement and Remedies (1) The Inspector of Buildings is 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 section, or to prevent 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 section for a period of two (2) years after the date of the completion of such demolition, such date of completion to be determined by the Inspector of Buildings. As used herein "premises" includes the parcel of land upon which the demolished significant building was located. E. Severability If any sub-section and/or portion of this section is for any reason declared invalid or unconstitutional by any court, every other sub-section and/or portion shall continue in full force and effect. Dated this 20th day of May , I999. PER ORDER OF THE AGAWAM TOWN COUNCIL olb-A d Rheault, President Agawam Town Council APPROVED AS TO FORM AND LEGALITY omas S. Locke, Solicitor • Received this NIA day of , 1999 from Town Council Clerk. (Signed by Council President May 20, 1999) APPROVAL OF LEGISLATIM By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby approve the passage of the above legislation on this 21st day of May ' 1999. C: Christopher C. Johns Mayor DISAPEROYALOE LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of , 1999 for the following reason(s): Christopher C. Johnson, Mayor RETURN OF LEGIISLAIION TO MUNCII._CLERI� Returned to Council Clerk this 21st day of May , 1999. f 0 TOWN OF AGAWAM %i• _£ +` 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 �'aRq�a MPy AGAWAM HISTORICAL COMMISSION 25 May 1999 Agawam Planning Board Town of Agawam 36 Main Street Agawam, Massachusetts 01001 Dear Members of the Planning Board: On behalf of the Agawam Historical Commission, I would like to thank each of you for your support in the Commission's recent efforts to establish a Demolition Delay Ordinance in the Town of Agawam. The Demolition Delay Ordinance which was passed at the last Town Council meeting will be a great tool for the Historical Commission in its efforts to preserve and protect the Town's historic resources. While it may not save every building, it will hopefully increase awareness of the importance of protecting the historic structures that remain in Town. Again, on behalf of the Agawam Historical Commission, thank you for your support. With gratitude, THE AGAWAM HISTORICAL COMMISSION David Cecchi chairman lz `' MAY 2 7 1999 TOR-99-1 1939 11: � AN ORDINANCE TO ADD § 180-14A TO THE -� ZONING CODE OF THE TOWN OF AGAWAM RELATIVE TO DELAYING THE DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS (Submitted by the Agmvam Historical Commission) WHEREAS, the most important role of a local historical commission is the preservation of the community's historic places; WHEREAS, in order to achieve the preservation of historic places, the historical commission must plan for and implement programs for the identification, evaluation and protection of the community's historic resources; WHEREAS, the Agawam Historical Commission fears that as development in our community continues, Agawam will lose more of its historic resources; WHEREAS, the Agawam Historical Commission supports the enactment of a zoning ordinance which would delay the demolition of historically significant buildings in order to allow the owner and the town time to find some other person or group who is willing to purchase, preserve, rehabilitate or restore the building; WHEREAS, the enactment of a zoning ordinance which would delay the demolition of historically significant buildings is in the best interests of the Town of Agawam; and NOW THEREFORE, the Agawam Town Council hereby resolves and ordains that §180- 14A of Article I of Chapter 180 of the Code of the Town of Agawam entitled "Demolition Delay of Historically Significant Buildings" be added effective upon passage to read as follows. § 180-14A Demolition Delay of Historically Significant Buildings A. Intent and Purpose The purpose of this section is to preserve and protect historically significant buildings within the Town of Agawam and to encourage owners of such buildings to seek out persons who are willing to purchase, preserve, rehabilitate or restore such buildings rather than demolish them. To achieve this purpose, the Agawam Historical Commission is empowered to advise the Inspector of Buildings with respect to the issuance of permits for demolition of historically significant buildings. The issuance of demolition permits for historically significant buildings is regulated as provided in this section, • B. Definitions For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this sub-section: (1) 'Building" - any combination of materials forming a shelter for persons, animals, or property. (2) "Demolition" -any act of pulling down, destroying, removing or razing a building or any portion thereof or commencing the work of total or substantial destruction with the intent of completing the same. (3) "Significant Building" - any building or portion thereof which: (a) is included in the Agawam Inventory of Historic Structures prepared by the Commission, as amended from time to time, including those buildings listed for which complete surveys may be pending; or (b) is 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. (4) "Commission" - the Agawam Historical Commission (5) "Historically Significant Building"- any building or portion thereof which after a public hearing of the Agawam Historical Commission: (a) is deemed to be associated with one or more historic persons or events, or with the architectural, cultural, economic,political or social history of the Town of Agawam; or (b) is historically or architecturally important (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 or structures; or (c) is located within any federal, state or local historic district; or (d) is located within 150 feet of a federal, state or local historic district boundary. C. Procedure (1) Upon receipt of an application for a demolition permit for a significant building, the Inspector of Buildings shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time. (2) Within five (5) days, the office of Planning and Community Development shall make an initial determination of the building. If the building is listed in the Agawam Inventory of Historic Structures or listed on the National Register of Historic Places, the initial determination shall be positive. If the building is not listed in the Inventory or on the National Register of Historic Places, the initial determination shall be negative. If the building receives a positive determination, the Office of Planning and Community Development shall notify the Commission in writing of the determination. If the building receives a negative determination, the Office of Planning and Community Development shall notify the Inspector of Buildings in writing. (3) If the initial determination is negative, the Inspector of Buildings may issue the demolition permit. If the initial determination is positive, within thirty (30) days of receipt of the determination from the Office of Planning and Community Development, the Commission shall hold a public hearing. The Historical Commission shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen (14) days before said hearing and also within seven (7) 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 in the records of the Assessor's Office, and to such other persons as the Commission shall deem entitled to notice. (4) 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 Inspector of Buildings within ten (10) days. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if the Inspector of Buildings has not received notification from the Commission, the Inspector of Buildings may, subject to the requirements of the state building code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit. (5) 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 historically significant building. The Commission shall notify the Massachusetts Istoric Commission, the Office of Planning and Community Development, and other interested parties requesting assistance in preservation funding and adaptive reuses. (6) Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a historically significant building, the Commission shall so advise the applicant and the Inspector of Buildings, and no demolition permit may be issued until at least six (6) months after the date of such determination by the Commission. (7) The Commission and other appropriate town departments shall make all efforts to assist the applicant in the preservation, rehabilitation, and/or restoration of the historically significant building(s). Such efforts may include seeking buyers for the property,seeking grants for preservation, rehabilitation and/or restoration, or obtaining other professional assistance. (8) Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for a historically significant building at any time after receipt of written advice from the Commission to the effect that either: (a) 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 (b) the Commission is satisfied that for at least six months since the determination that the building is a historically significant building, the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building, and that such efforts have been unsuccessful. A Enforcement and Remedies (1) The Commission and the Inspector of Buildings 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 section, or to prevent 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 section for a period of two(2)years after the date of the completion of such demolition, such date of completion to be determined by the Inspector of Buildings. As used herein "Premises" includes the parcel of land upon which the demolished significant building was located. E. Severability If any sub-section and/or portion of this section is for any reason declared invalid or unconstitutional by any court, every other sub-section and/or portion shall continue in full force and effect. Dated this day of , 1999. PER ORDER OF THE AGAWAM TOWN COUNCIL Donald M. Rheault, President Agawam Town Council APPROVED AS TO FORM AND LEGALITY Thoma ocke, Solicitor TOWN OF AGAWAM ,�0 9 LAW DEPARTMENT 3614AIN STREET,AGAWAM,MASSACHUSETTS 01001 TEL(413)786-0.400,Ext.261 or 786-54001 FAX(413)786-9927 - Thomas S. Locke, Solicitor - b - - 4] TO: AGAWAM TOWN COUN FROM: LAW DEPARTMENT RE: PROPOSED DEMOLITION DELAY ORDINANCE DATE: APRIL 2, 1999 The Law Department has reviewed the proposed Demolition Delay Ordinance TOR-99-1 and approves it as to form with the following recommended revisions: i. Section 180-14B. Definitions should be amended to add the following- (5) "Historically Significant Building"-Any building or portion thereof which after a public hearing of the Agawam Historical Commission: (a) is deemed to be associated with one or more historic persons or events, or with the architectural cultural, economic,political or social history of the Town of Agawam; or (b) is historically or architecturally important(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 or structures; or (c) is located within any federal, state or local historic district; or (d) is located within 150 feet of a federal, state or local historic district boundary. 2. Section 180-14C(7), the first sentence should be amended to read as follows: The Commission and other appropriate town departments shall make all efforts to assist the applicant in the preservation, rehabilitation, and/or restoration of the historically significant building(s). 3. The second Section 180-14C(7) should be renumbered to become Section 180- 14C(8) and the first sentence should be amended to read: Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for historically significant buildings at any time after receipt of written advice from the Commission to the effect that either: 4. Section 180-I4D(2), the first sentence should be amended to read as follows: No building permit shall be issued with respect to any premises upon which a historically significant building has been voluntarily demolished in violation of this section for a period of two (2)years after the date of completion of such demolition, such date of completion to be determined by the Inspector of Buildings. I have included for your use a revised TOR-99-1 incorporating these recommended revisions. Please contact the Law Department with any additional questions. D uo t y ..b 6s?i/9 9 G Ce CrCa�� e� vac • - `�'�� —AAA . ��o, TOR-99-1cc �,(_ i �/1' `a � r (/ AN ORDINANCE TO ADD § 82-3 TO THE CODE OF THE TOWN OF AGAWAM A - RELATIVE TO DELAYING THE DEMOLITION . }-r„ V OF HISTORICALLY SIGNIFICANT BUILDINGS 3 0 (Submitted by the Agawam Historical Commission) an WHEREAS, the most important role of a local historical commission is the preservation of the community's historic places; WHEREAS, in order to achieve the preservation of historic places, the historical commission must plan for and implement programs for the identification, evaluation and protection of the community's historic resources; WHEREAS, the Agawam Historical Commission fears that as development in our community continues, Agawam will lose more of its historic resources; WHEREAS, the Agawam Historical Commission supports the enactment of an ordinance which would delay the demolition of historically significant buildings in order to allow the owner and the town time to find some other person or group who is willing to purchase, preserve, rehabilitate or restore the building; WHEREAS, the enactment of an ordinance which would delay the demolition of historically significant buildings is in the best interests of the Town of Agawam; and NOW THEREFORE, the Agawam Town Council hereby resolves and ordains that §82-3 of Chapter 82 of the Code of the Town of Agawam entitled "Demolition Delay of Historically Significant Buildings"be added effective upon passage to read as follows: § 82-3 Demolition Delay of Historically Significant Buildings A. Intent and Purpose The purpose of this section is to preserve and protect historically significant buildings within the Town of Agawam and to encourage owners of such buildings to seek out persons who are willing to purchase, preserve, rehabilitate or restore such buildings rather than demolish them. To achieve this purpose,the Agawam Historical Commission is empowered to advise the Inspector of Buildings with respect to the issuance of permits for demolition of historically significant buildings. The issuance of demolition permits for historically significant buildings is regulated as provided in this section. V � a• i B. Definitions For the purposes of this section, the following words and phrases shall have the meanings respectively aszzibed to them by this sub-section: (1) "Building" - any combination of materials forming a shelter for persons, animals, or property. (2) "Demolition" - any act of pulling down, destroying, removing or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same. (3) "Significant Building" - any building or portion thereof which: (a) is included in the Agawam Inventory of Historic Structures prepared by the Commission,as amended from time to time,including those buildings listed for which complete surveys may be pending; or (b) is 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. (4) "Commission" -the Agawam Historical Commission (S) "Historically Significant Building"-any building or portion thereof which after a public hearing of the Agawam Historical Commission: (a) is deemed to be associated with one or more historic persons or events, or with the architectura4 cultura4 economic political or social history of the Town of Agawam; or (b) is historically or architecturally important(in terms ofperiod,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 or structures; or (c) is located within any federal, state or local historic district; or (d) is located within 150 feet of a federal, state or local historic district boundary. C. Procedure (I) Upon receipt of an application for a demolition permit for a significant building, the [nspector of Buildings shall forward a copy thereof to the Office of Planning and Community Development. No demolition permit shall be issued at that time. (2) Within five (5) days, the Office of Planning and Community Development shall make an initial determination of the building. If the building is listed in the Agawam Inventory of Historic Structures or listed on the National Register of Historic Places, the initial determination shall be positive. If the building is not listed in the Inventory or on the National Register of Historic Places, the initial determination shall be negative. If the building receives a positive determination, the Office of Planning and Community Development shall notify the Commission in writing of the determination. If the building receives a negative determination, the Office of Planning and Community Development shall notify the Inspector of Buildings in writing (;) If the initial determination is negative, the Inspector of Buildings may issue the demolition permit. If the initial determination is positive, within thirty (30) days of receipt of the determination from the Office of Planning and Community Development, the Commission shall hold a public hearing. The Historical Commission shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen (14) days before said hearing and also within seven (7) 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 in the records of the Assessor's Office, and to such other persons as the Commission shall deem entitled to notice. (4) 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 Inspector of Buildings within ten (10) days. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if the-Inspector of Buildings has not received notification from the Commission, the Inspector of Buildings may, subject to the requirements of the state building code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit. (5) 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 historically significant building. The Commission shall notify the Massachusetts Historic Commission, the Office of Planning and Community Development, and other interested parties requesting assistance in preservation funding and adaptive reuses. (6) Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a historically significant building, the Commission shall so advise the applicant and the Inspector of `buildings, and no demolition permit may be issued until at least six(6)months after the date of such determination by the Commission. (7) The Commission and other appropriate town departments shall make all efforts to assist the applicant in the preservation, rehabilitation, and/or restoration of the historically significant building(s). Such efforts may include seeking buyers for the property, seeking grants for preservation, rehabilitation and/or restoration, or obtaining other professional assistance. (8) Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for a historically significant building at any time after receipt of written advice from the Commission to the effect that either: (a) 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 (b) the Commission is satisfied that for at least six months since the determination that the building is a historically significant building, the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building, and that such efforts have been unsuccessful. D. Enforcement and Remedies (1) The Inspector of Buildings is authorized to institute .any and all proceedings in Iaw or equity as they deem necessary and appropriate to obtain compliance with the requirements of this section, or to prevent 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 section for a period of two (2) years after the date of the completion of such demolition, such date of completion to be determined by the Inspector of Buildings. As used herein "premises" includes the parcel of land upon which the demolished significant building was located. E. Severability If any sub-section and/or portion of this section is for any reason declared invalid or unconstitutional by any court, every other sub-section and/or portion shall continue in full force and effect. Dated this 20th day of May 1999. PER ORDER OF THE AGAWAM TOWN COUNCIL olLint K Z�.-- d Rheault, President Agawam Town Council APPROVED AS TO FORM AND LEGALITY r -- omas S. Locke, Solicitor MAYORAL ACTION Received this N I A day of 1999 from Town Council Clerk. (signed by Council President May 20, 1999) APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby approve the passage of the above legislation on this 21st day of May .. _ , 1999. c::Q Christopher C. Johns Mayor DISAPPRQVALOF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 1999 for the following reason(s): Christopher C. Johnson, Mayor RETURN OF.LEOSLATION TO Q2MCIL CLERK Returned to Council Clerk this 21st day of May , 1999. TOWN OF AGAWAM LAW DEPARTMENT 36 MAIN STREET,AGAWAM,MASSACHUSETTS 0100:1 TEL(413)786-0400,Ext.281 or 786-54001 FAX(413)786-9927 �RD Mp Thomas S. Locke, Solicitor TO: AGAWAM TOWN COUNCIL FROM: LAW DEPARTMENT RE: PROPOSED DEMOLITION DELAY ORDINANCE DATE: APRIL 8, 1999 This memorandum shall serve as a follow up to my previous memorandum dated April 2, 1999 regarding the proposed Demolition Delay Ordinance TOR-99-1. I have one additional recommended revision. After completing additional research, I believe that the ordinance should not be enacted as a zoning ordinance, but rather included as a general ordinance in another section of the Code of the Town of Agawam. The rationale involves avoiding the potential argument that a historically significant building is a pre-existing structure which is either exempt from the new zoning ordinance providing for a demolition delay or exempt from all zoning because it pre-existed the zoning enabling legislation. The proposed ordinance will be effective either way,but I believe that to make it a general ordinance rather than a zoning ordinance would remove one possible legal challenge to its validity. I have included for your use a revised TOR-99-1 which reflects the inclusion of the proposed Demolition Delay Ordinance in Chapter 82 of the Code of the Town of Agawam.- There are no substantive changes to the ordinance. Please contact the Law Department with any additional questions. APR 1 2 1999 1 TOR-99-1 AN ORDINANCE TO ADD § 82-3 TO THE 'aw CODE OF THE TOWN OF AGAWAM RELATIVE TO DELAYING THE DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS (Submitted by the Agawam Moorical Commission) WHEREAS, the most important role of a local historical commission is the preservation of the community's historic places; WHEREAS, in order to achieve the preservation of historic places, the historical commission must plan for and implement programs for the identification, evaluation and protection of the community's historic resources; WHEREAS, the Agawam Historical Commission fears that as development in our community continues, Agawam will lose more of its historic resources; WHEREAS, the Agawam Historical Commission supports the enactment of an ordinance which would delay the demolition of historically significant buildings in order to allow the owner and the town time to find some other person or group who is willing to purchase, preserve, rehabilitate or restore the building; WHEREAS, the enactment of an ordinance which would delay the demolition of historically significant buildings is in the best interests of the Town of Agawam; and NOW THEREFORE, the Agawam Town Council hereby resolves and ordains that§82-3 of Chapter 82 of the Code of the Town of Agawam entitled "Demolition Delay of Historically Significant Buildings"be added effective upon passage to read as follows: § 82-3 Demolition Delay of Historically Significant Buildings A. Intent and Purpose The purpose of this section is to preserve and protect historically significant buildings within the Town of Agawam and to encourage owners of such buildings to seek out persons who are willing to purchase,preserve, rehabilitate or restore such buildings rather than demolish them. To achieve this purpose,the Agawam Historical Commission is empowered to advise the Inspector of Buildings with respect to the issuance of permits for demolition of historically significant buildings. The issuance of demolition permits for historically significant buildings is regulated as provided in this section. B. Definitions For the purposes of this section, the following words and phrases shall have the meanings respectively asibed to them by this sub-section: (1) "Building" -any combination of materials forming a shelter for persons, animals, or property. (2) "Demolition" - any act of pulling down, destroying, removing or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same. (3) "Significant Building" - any building or portion thereof which: (a) is included in the Agawam Inventory of Historic Structures prepared by the Commission,as amended from time to time,including those buildings listed for which complete surveys may be pending; or (b) is 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. (4) "Commission" - the Agawam Historical Commission (5) "Historically Significant Building"-any building or portion thereof which after a public hearing of the Agawam Historical Commission: (a) is deemed to be associated with one or more historic persons or events, or with the architectural, cultural, economic,political or social history of the Town of Agawam; or (b) is historically or architecturally important rn 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 or structures; or (c) is located within any federal, state or local historic district; or (d) is located within 150 feet of a federal, state or local historic district boundary. C. Procedure (1) Upon receipt of an application for a demolition permit for a significant building, the inspector of Buildings shall forward a copy thereof to the Office of Planning and Community Development. No demolition permit shall be issued at that time. (2) Within five (5) days, the Office of Planning and Community Development shall make an initial determination of the building. If the building is listed in the Agawam Inventory of Historic Structures or listed on the National Register of Historic Places, the initial determination shall be positive If the building is not listed in the Inventory or on the National Register of Historic Places, the initial determination shall be negative If the building receives a positive determination, the Office of Planning and Community Development shall notify the Commission in writing of the determination. If the building receives a negative determination, the Office of Planning and Community Development shall notify the Inspector of Buildings in writing. (3) If the initial determination is negative, the Inspector of Buildings may issue the demolition permit. If the initial determination is positive, within thirty (30) days of receipt of the determination from the Office of Planning and Community Development, the Commission shall hold a public hearing. The Historical Commission shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen (14) days before said hearing and also within seven(7) 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 in the records of the Assessor's Office, and to such other persons as the Commission shall deem entitled to notice. (4) 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 Inspector of Buildings within ten (10) days. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if the.Inspector of Buildings has not received notification from the Commission, the Inspector of Buildings may, subject to the requirements of the state building code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit. (5) 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 historically significant building. The Commission shall notify the Massachusetts Historic Commission,the Office of Planning and Community Development, and other interested parties requesting assistance in preservation funding and adaptive reuses. (6) Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a historically significant building, the Commission shall so advise the applicant and the Inspector of `buildings, and no demolition permit may be issued until at least six(6) months after the date of such determination by the Commission. (7) The Commission and other appropriate town departments shall make all efforts to assist the applicant in the preservation, rehabilitation, and/or restoration of the historically significant building(s). Such efforts may include seeking buyers for the property,seeking grants for preservation, rehabilitation and/or restoration, or obtaining otherprofessional assistance. (8) Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for a historically significant building at any time after receipt of written advice from the Commission to the effect that either: (a) 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 (b) the Commission is satisfied that for at least six months since the determination that the building is a historically significant building, the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building, and that such efforts have been unsuccessful. D. Enforcement and Remedies (1) The Commission and the Inspector of Buildings 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 section, or to prevent 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 section for a period of two (2) years after the date of the completion of such demolition, such date of completion to be determined by the Inspector of Buildings. As used herein "premises" includes the parcel of land upon which the demolished significant building was located. E. Severability If any sub-section and/or portion of this section is for any reason declared invalid or unconstitutional by any court, every other sub-section and/or portion shall continue in full force and effect. Dated this day of ' 1999. PER ORDER OF THE AGAWAM TOWN COUNCIL Donald M. Rheault, President Agawam Town Council APPROVED AS TO FORM AND LEGALITY omas S. Locke, Solicitor s TOWN OF AGAWAM "0 9 LAW DEPARTMENT y f 36 MAW STREET,AGAWAM,MASSACHUSETTS 01001 TEL(413)786-0406,Ext.281 or 786-54001 FAX(413)786-9927 A ED p� Thomas S. Locke Solicitor TO: AGAWAM TOWN COUN FROM: LAW DEPARTMENT RE: PROPOSED DEMOLITION DELAY ORDINANCE DATE: APRIL 2, 1999 The Law Department has reviewed the proposed Demolition Delay Ordinance TOR-99-1 and approves it as to form with the following recommended revisions: 1. Section 180-14B. Definitions should be amended to add the following- (5) "Historically Significant Building"-Any building or portion thereof which after a public hearing of the Agawam Historical Commission: (a) is deemed to be associated with one or more historic persons or events, or with the architectural cultural, economic,political or social history of the Town of Agawam; or (b) is historically or architecturally important(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 or structures; or (c) is located within any federal, state or local historic district; or (a) is located within 150 feet of a federal, state or local historic district boundary. 2. Section 180-14C(7), the first sentence should be amended to read as follows: The Commission and other appropriate town departments shall make all efforts to assist the applicant in the preservation, rehabilitation, and/or restoration of the historically significant building(s). 3. The second Section 180-14C(7) should be renumbered to become Section 180- 14C(8) and the first sentence should be amended to read: Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for historically significant buildings at any time after receipt of written advice from the Commission to the effect that either: 4. Section 180-14D(2), the first sentence should be amended to read as follows: No building permit shall be issued with respect to any premises upon which a historically significant building has been voluntarily demolished in violation of this section for a period of two (2)years after the date of completion of such demolition, such date of completion to he determined by the Inspector of Buildings. I have included for your use a revised TOR-99-1 incorporating these recommended revisions. Please contact the Law Department with any additional questions. TOR-99-1 AN ORDINANCE TO ADD § 180-14A TO THE ZONING CODE OF THE TOWN OF AGAWAM RELATIVE TO DELAYING THE DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS (Submitted by the Agawam Historical Commission) WHEREAS, the most important role of a local historical commission is the preservation of the community's historic places; WHEREAS, in order to achieve the preservation of historic places, the historical commission must plan for and implement programs for the identification, evaluation and protection of the community's historic resources; WHEREAS, the Agawam Historical Commission fears that as development in our community continues, Agawam will lose more of its historic resources; WHEREAS, the Agawam Historical Commission supports the enactment of a zoning ordinance which would delay the demolition of historically significant buildings in order to allow the owner and the town time to find some other person or group who is willing to purchase, preserve, rehabilitate or restore the building; WHEREAS, the enactment of a zoning ordinance which would delay the demolition of historically significant buildings is in the best interests of the Town of Agawam; and NOW THEREFORE, the Agawam Town Council hereby resolves and ordains that §180- 14A of Article I of Chapter 180 of the Code of the Town of Agawam entitled "Demolition Delay of Historically Significant Buildings" be added effective upon passage to read as follows: § 180-14A Demolition Delay of Historically Significant Buildings A. Intent and Purpose The purpose of this section is to preserve and protect historically significant buildings within the Town of Agawam and to encourage owners of such buildings to seek out persons who are willing to purchase, preserve, rehabilitate or restore such buildings rather than demolish them. To achieve this purpose, the Agawam F istorical Commission is empowered to advise the Inspector of Buildings with respect to the issuance of permits for demolition of historically significant buildings. The issuance of demolition permits for historically significant buildings is regulated as provided in this section. ° • R Definitions For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this sub-section- (1) "Building" - any combination of materials forming a shelter for persons, animals, or property. (2) "Demolition" -any act of pulling down, destroying, removing or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same. (3) "Significant Building" - any building or portion thereof which: (a) is included in the Agawam Inventory of Mstoric Structures prepared by the Commission, as amended from time to time, including those buildings listed for which complete surveys may be pending; or (b) is 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. (4) "Commission" -the Agawam Historical Commission (5) "Historically Significant Building"-any building or portion thereof which after a public hearing of the Agawam Historical Commission: (a) is deemed to be associated with one or more historic persons or events, or with the architectural, cultural, economic,political or social history of the Town of Agawam; or (b) is historically or architecturally important (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 or structures, or (c) is located within any federal, state or local historic district; or (d) is located within 150 feet of a federal, state or local historic district boundary. • C. Procedure (1) Upon receipt of an application for a demolition permit for a significant building, the Inspector of Buildings shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time. (2) Within five (5) days, the office of Planning and Community Development shall make an initial determination of the building. If the building is listed in the Agawam Inventory of Historic Structures or listed on the National Register of Historic Places, the initial determination shall be positive If the building is not listed in the Inventory or on the National Register of Historic Places, the initial determination shall be negative If the building receives a positive determination, the Oice of Planning and Community Development shall notify the Commission in writing of the determination If the building receives a negative determination, the Office of Planning and Community Development shall not::fy the Inspector of Buildings in writing. (3) If the initial determination is negative, the Inspector of Buildings may issue the demolition permit. If the initial determination is positive, within thirty (30) days of receipt of the determination from the Office of Planning and Community Development, the Commission shall hold a public hearing. The Historical Commission shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen (14) days before said hearing and also within seven (7) 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 in the records of the Assessor's Office, and to such other persons as the Commission shall deem entitled to notice. (4) 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 Inspector of Buildings within ten (10) days. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if the Inspector of Buildings has not received notification from the Commission, the Inspector of Buildings may, subject to the requirements of the state building code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit. (5) 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 historically significant building. The Commission shall notify the Massachusetts Historic Comnission,'the Office of Planning and Community Development, and other interested parties requesting assistance in preservation funding and adaptive reuses. (6) Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a historically significant building, the Commission shall so advise the applicant and the Inspector of Buildings, and no demolition permit may be issued until at least six (6) months after the date of such determination by the Commission. (7) The Commission and other appropriate town departments shall make all efforts to assist the applicant in the preservation, rehabilitation, and/or restoration of the historically significant building(s). Such efforts may include seeking buyers for the property, seeking grants for preservation, rehabilitation and/or restoration, or obtaining other professional assistance. (8) Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for a historically significant building at any time after receipt of written advice from the Commission to the effect that either: (a) 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 (b) the Commission is satisfied that for at least six months since the determination that the building is a historically significant building, the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building, and that such efforts have been unsuccessful. D. Enforcement and Remedies (1) The Commission and the Inspector of Buildings are each authorized to institute any and all proceedings in Iaw or equity as they deem necessary and appropriate to obtain compliance with the requirements of this section, or to prevent 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 section for a period of two(2)years after the date of the completion of such demolition, such date of completion to be determined by the Inspector of Buildings. As used herein "premises" includes the parcel of land upon which the demolished significant building was located. E. Severability If any sub-section and/or portion of this section"is for any reason declared invalid or unconstitutional by any court, every other sub-section and/or portion shall continue in full force and effect. Dated this day of^ , 1999. PER ORDER OF THE AGAWAM TOWN COUNCIL Donald M. Rheault,President Agawam Town Council APPROVED AS TO FORM AND LEGALITY Tho . ocke, Solicitor rf [� AG�1 'OWN OF AGAWAM r _ 10 A 36MAIN STREET -�GAW:kM. NIASSACHUSETTS 01001 yCo `1� Tel. 413 86-0400 � Mph OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT x�.r March 23, 1999 Agawam Town Council w 36 Main Street Agawam, MA 01001 cn ' Donald Rheault, President Robert A. Magovern, Vice President George Bitzas, Councilor Edward Caba, Councilor Gary F. Geiger, Councilor Gina M. Letellier, Councilor John J. Negrucci, Councilor Dennis J. Perry, Councilor Jill P. Simpson, Councilor Nancy E. Thompson, Councilor Robert M. Young, Councilor Dear Councilors: I am unable to attend your April 5, 1999 public hearing on the proposed "Demolition Delay Ordinance". I would ask that this letter of support for the proposed amendment be read into the record in my absence. Over the last few months, the Office of Planning and Community Development has assisted the Historical Commission in the drafting of the proposed ordinance. Intially modeled after the Easthampton Demolition Delay By-Law, the proposal has been altered to address a number of comments raised by the Planning Board during their earlier public hearing. The amended version is clear, consise and fair. It proposes a reasonable timetable during which the Historical Commission, in cooperation with other Town entities, may identify alternatives to the demolition of valuable historic structures. Prior to January 1993, the granting of demolition permits involved the submission of a demolition permit application to the Building Department and the subsequent granting of the permit without any consideration of the historic significance of a structure. In January of 1993, Mayor Johnson instituted a new process which enabled the Planning Office to review all demolition permits and when necessary work with the Historical Commission to attempt to save historically significant structures. Unfortunately, the Planning Office has only two weeks in which to accomplish this very difficult task. In 1985, the Planning Office secured funding through the Massachusetts Historical Commission's Survey and Planning Grant Program. The funds were used to inventory 275 structures constructed prior to 1930. Since the completion of the survey fourteen years ago, twelve inventoried properties have been demolished. The demolition of many of these buildings created a void in the once cohesive neighborhoods and neighbors feel a sense of loss. The Planning Office and the Planning Board work closely with builders to try to ensure that all new construction is attractive and an asset to the community. However, this does not compensate for the loss of character and charm when one of Agawam's historic treasures is demolished. There are many examples of older buildings in Agawam which have been retrofitted to house businesses. The Austin-Hamblen house, a large Queen Anne style building located at 158 Main Street was purchased by Dr. Vassos in 1988 and was converted to his periodontal office. In 1991, Dr. Vassos was nominated by the Town and received a Massachusetts Historical Commission Preservation Award. Other examples include: the Robert Cooper House (1861), the Country Squire; the Charles Wright house (1863), the Feeding Hills Dunkin Donuts; the former Halladay Library (1890), a branch of Landry Lyons and Whyte; the Samuel Converse House (1862), Carmelina's on the Hill and Dr. Judson Hastings house (1865) 23 Southwick Street, commercial office space. Many New England communities have been successful in retrofitting historic structures so that they become functioning commercial inventory. Not only do such unions work, but their character and charm makes them more competitive than their neighbors who demolish instead of retain. The proposed "Demolition Delay Ordinance" enables the Town to become proactive and to form a partnership with property owners to prevent the loss of Agawam's historic resources. The Planning Office respectfully requests your support of the proposed ordinance. Sincerely, Nia'd-os Deborah S. Dachos, Director Office of Planning and Community Development o TOWN OF AGAWAM 36 MAiti STREET AGAWA.M, 'WASSACHUSETTS 01001 Tel. 413- ,86-0400 qTE� Mph r► `. March 22, 1999 NJF_ , Agawam Town Council 36 Main Street ' Agawam, MA 01001 Ln Donald M. Rheault, President Robert A. Magovern, Vice President George Bitzas, Councilor Edward Caba, Councilor Gary F. Geiger, Councilor Gina M. Letellier, Councilor John J. Negucci, Councilor Dennis J. Perry, Councilor Jill P. Simpson, Councilor Nancy E. Thompson, Councilor Robert M. Young, Councilor Dear Councilors: At its duly called meeting held on March 18, 1999, the Agawam Planning Board unanimously voted to support the petition of twenty-one (21) registered voters entitled "Demolition Delay Ordinance" with the condition that in Section 180-14A.C.(1)the word Commission be replaced with Office of Planning and Community development. The proposed "Demolition Delay Ordinance" was modeled after the Easthampton by-law which has been in existence for two (2)years. The Easthampton by- law received approval from the Attorney General's Office prior to its enactment. 1 Agawam's"Demolition Delay Ordinance", if adopted, would enable the Historical Commission and other Town Officials to work with the owner of"Historically Significant" buildings to preserve, rehabilitate and/or restore buildings which are slated for demolition. The proposed ordinance narrowly defines what is an"Historically Significant" building and sets up a clearly defined process which must be followed by the Town when demolition of these buildings is proposed. Demolition Delay is not a new historic preservation tool. Sixty (60) Massachusetts communities utilize this preservation tool. Of these communities, over half have adopted the six(6) month delay period which is contained with Agawam's proposed ordinance. My' Agawam has lost valuable historical structures at an alarming rate. Most recently, the loss of Betty's Towne House has increased local support for preservation efforts. The Planning Office recently conducted a survey in conjunction with the updating of the Open Space and Recreation Plan. One of the questions asks whether Agawam should "protect buildings and places of historical and local significance". Ninety-three (93) % of the 352 respondents to the survey either"strongly agreed" or "agreed" with this statement. In addition, the 1993 "Coming Together for Consensus" document, adopted by the Agawam Town Council in 1994, sets as one of its goals to make Agawam a place of "village center whose historic character is preserved, where traffic is controlled, and (where)there is no more commercial sprawl along the roadsides". The Agawam Planning Board respectfully requests your support of the "Demolition Delay Ordinance". If you have any questions, please do not hesitate to contact the Planning Office at 786- 0400, extension 283. Sincerely, Charles R. Calabrese, Chairman Agawam Planning Board cc: Mayor Historical Commission Clerk Building File Sunday Republican, February 14, 1999 Mw LOCAL ► A4 Law to perserve history pondered , By JACK FARRELL C0II11IIg The ordinance said she will be giving the wood "new life." Staff writer i_ next week Its ` would delay a "We will definitely be using AGAWAM -- Laurie Kwader � � *auraln Grandma Wordy's timber," she ' razing for six doesn't live in the city anymore, g said. "That house had so much l5d she has a piece of Agawam in ' love in it." her•New Hampshire home. month delay would not have saved months while other The mementos are bittersweet, the structure-the city tried to save bons could be though, because they're pieces O of Betty's Old Towne House for more P timber from Betty's Old Towne than a year-but the proposed or- for saving House, the forme explored that dinance will still be of value, his- g Was razed to make way for a Wal- torical officials say. a structure. Springfield store at Walnut and Members of the Agawam His- Springfield streets. torical Commission, who wrote Wherefore, Kwader,who played the proposed ordinance, say the to Elm Street. as a young girl in and around the bylaw would allow for the com- ironically, the house was saved house in the 1950s before it be- mission to call for a public hearing from demolition in the late 1950s came a restaurant, said she hopes within 14 days of a demolition re- when it was moved to its final site a public hearing on a proposed quest if the building is among the at 60 Springfield St.to make room demolition-delay ordinance before more than 250 sites listed in the for the new shopping center then the Planning Board Thursday will Agawam Inventory of Historic being built at Suffield and Spring- lead to a consensus to save what Structures. field streets. The Bottaro family �. ever history Agawam has left. If the commission then decides then turned the house into a res- "So much has disappeared al- that a demolition would be"detri- taurant. ready,". said Kwader, whose in- mental to the historical or archi- But in the years the Worden laws still live here (she and her tectural la heritage or resources of lived there, Kwader used to pick I�Ishand,Alex,are 1960 graduates the town,"the panel would notify #lowers in the woods nearby, and of,Agawam High School), 'When I the Massachusetts Historic COm- Nathalie,or"Grandma Wordy"as see'Agawam, I don't see anything mission and the city planning de- Kwader knew her,would help her pretty anymore, other than per- partment to ask for help in press them into books. gyp§the Captain Charles Leonard preserving the building. Kwader has found a poem that House." If, after six months, no other her`The ordinance would delay a buyer or use for the building is Ward and the house that ht back oGrandma long- options a razing for six months while other identified, a demolition permit er stands. "1 shall se s love could be explored for sav- would be issued. y ing a structure. if the Planning The house that later became old house, For in those timbers Board approves the ordinance, it home to Betty's Old Towne House strong, Is love and life and memo- still must pass the City Council. was originally at Suffield and vies•.." The proposal first arose when Springfield streets. It was the That's why Kwader and her the 167-year-old building housiog Worden family homestead from husband will build a lakeside cot- Betty's at 60.Springfield St. was 1896 until 1955,before the late Na- tage this spring using•the salvaged demolished last February. A six- thalie and Preston Worden moved timber from the old home. She i Lost. to - hhto ry k1i L .. ...... ...... n { " 5 X _ "s`4et" fR'k�h .t - f 2�d„ 3�' 'L�p6/+i�i6:i�X- •f�' Sunday Republican file p(,oto Betty's Old Towne House was 167 years old when it was torn down last year. The Agawam landmark's destruction has prompted an ordinance that will come before the Planning Board Thursday to officially delay any ratings for six months. See story on Page A23. i Date: 18 March 1999 To: Mr. Charles Calabrese Chairman, Agawam Planning Board From: David Cecchi Chairman, Agawam Historical Commission re: Revisions to proposed Demolition Delay Ordinance Thank you for the opportunity to re-submit the Demolition Delay Ordinance. It has been revised to reflect the concerns of your Board and the citizens of Agawam. The following revisions have been incorporated into the proposed ordinance. Section B, Definitions The definition of "Significant Buildings" has been changed as follows: Reference to a structure's significance based solely on the age of the building, and the Commission's ability to determine the significance of any building by vote has been removed. The definition of "Significant Buildings" has been revised to reflect only the following criteria: Section B, subsection three, item a: Structures which are "included in the Agawam Inventory of Historic Structures prepared by the Commission, as amended from time to time, including those buildings listed for which complete surveys may be pending, or" Section B, subsection three, item b: Structures "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." 1 k Section C. Procedure Language has been added to define a specific timeline for all phases of the process and clarify the roles of those involved in the process. subsection 2: "Within five (S) days (of receipt of a copy of a demolition permit application from the Inspector of Buildings) the office of Planning and Community Development shall make an initial determination of the building." If the building does not meet the definition of "Significant", the Inspector of Buildings will be notified in writing of a negative determination, and a demolition permit may be issued. If the building meets the definition of "Significant", the Historical Commission will be notified in writing of a positive determination. subsection 3: "If the initial determination is positive, within thirty (30) days of the receipt of the determination from the office of Planning and Community Development, the Commission shall hold a public hearing." subsection 7: The following has been added to clarify the role of those involved: "The Commission and other appropriate town departments shall make all efforts to assist the applicant in the preservation, rehabilitation, and/or restoration of the building(s). Such efforts may include seeking buyers for the property, seeking grants for preservation, rehabilitation and/or restoration, or obtaining other professional assistance" subsection $, part b: The following line has been added to clarify the timeframe of the process. "the Commission is satisfied that for at least six months since the determination that the building is a historically significant building, the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building..." TOWN OF EASTHAMPTON Planning Department �- Town Hall, 43 Main Street -t ,_"' u Easthampton, MA 01027 Y ey (413) 529-1406 TEL yco9peR�TED 40"- 1� (413) 529-1433 FAX February 4, 1999 Mr. David Cecchi Historic Commission Agawam Town Hall 36 Main Street Agawam, MA 01001 Dear Mr. Cecchi: The Town of Easthampton has had a Demolition Delay bylaw (now ordinance) since 1991. Since its adoption, the Historic Commission has reviewed approximately a half dozen proposed demolitions and held four hearings. In all cases, the demolition went forward in a timely manner. While often with regrets, the Commission did not find enough historic significance with the buildings to date to warrant the use of the six month delay. The main benefit of the bylaw has been that buildings do not disappear overnight. The two week period between the filing of the demolition permit and the hearing allows the Commission to consider the significance of the building and to work with the owner to photograph and/or preserve key components. While Easthampton has lost several buildings, the Commission has been able to obtain a detailed historic record of their presence as well as to secure some key artifacts. For the bylaw to work, it is extremely important to have the Historic Commission work closely with the Building Inspector and the Health Departments. This insures a smooth process. It also keeps the Commission aware of buildings that are to be condemned and removed for public health and safety purposes. We have found the Demolition Delay bylaw to be an extremely valuable planning and preservation tool and not cumbersome to implement. If you have any questions, please do not hesitate to call me. Sincerely, Stuart B. Beckley, Town Planner Demolition Delay What is a Demolition Delay Bylaw? A Demolition Delay Bylaw is effective at delaying the demolition of historically significant buildings. In communities with demolition delay bylaws, property owners that are requesting a demolition permit through their Building Department must first receive approval from the Historical Commission. This can take several weeks. If the Historical Commission determines that the building is preferably preserved, a delay period is imposed. This period is usually six months. After the delay period has expired, the Building Commissioner can sign the demolition permit. A demolition delay bylaw is effective at fostering public discussion and seeking alternative solutions to the demolition. It is not however, a means to stop a demolition from occurring. Communities that are seeking to stop demolitions from occurring should pursue a Local Historic District. What are the communities that should be highlighted as best examples? Communities in Massachusetts Arlington with a Demolition Delay Dylaw: Acton - 6 months Holliston-30 days Cambridge Amesbury- 6 months Ipswich- 6 months Andover- Lakeville- Arlington- 12 months Lexington - 6 months Chatham Ashburnham - Medfield- 6 months The Chatham Historical Commission has Barnstable- 6 months Medway-30 days had some great successes with their Beverly- 6 months Middleborough - 6 months demolition delay bylaw. Before the bylaw, Billerica- 6 months Millis- 30 days no notice of a demolition was required. Bolton - 6 months Needham - 3 months With the bylaw, the Historical Commission Boston - 3 months New Bedford- is informed of the demolition before the Brookline- 12 months Newton- 12 months wrecking ball is on the site. In some cases, Cambridge- 6 months North Attleborough - 6 months just the recognition by the Commission that Chatham- 6 months Salem- 6 months Chelmsford - 14 days Saugus- 21 days the building is significant has convinced Danvers- Taunton - 6 months some owners to save the building and Dennis-45 days Tyngsboro - 14 days rehabilitate the structure. In another case, Duxbury-6 months Westborough - 3 months an outbuilding was saved when a buyer was Eastham- Westford -6 months found that was willing to move the building. Easthampton- 6 months Weston- Fall River- 6 months Williamstown-3 months Falmouth - 3 months Winchester- 6 months Falmouth Foxborough- 6 months Worcester- 6 months It took the town of Falmouth three tries to Foxborough- 6 months Yarmouth- 2 months pass a demolition delay bylaw- but they Framingham - 6 months did it! Since then,the bylaw can be Harwich - credited with saving a National Register Hingham- 6 months building which was moved to a new site. Without the bylaw, a buyer willing to move the property may not have been found and the building could have been lost. Should your community be included on this list as well? Please let us know if our information is not up-to-date. Tools and Techniques for Preservation Used by Communities in Massachusetts Page 21 The Commonwealth of Massachusetts William Francis Galvin,Secretary of the Commonwealth Massachusetts Historical Commission February 9, 1999 Mr. David Cecchi Agawam Historical Commission Town Hall 36 Main Street Agawam, MA 01001 Dear Mr. Cecchi: The Massachusetts Historical Commission supports the town of Agawam in its effort to establish a demolition delay bylaw. Over 60 communities in Massachusetts currently have such a bylaw in place. Demolition delay bylaws are an effective tool for exploring alternatives to the demolition of historic resources. Throughout the Commonwealth, local historic resources are being demolished with little consideration of the impact on the community. Without a demolition delay bylaw, even properties listed on the National Register of Historic Places, can be demolished immediately, after receiving a simple demolition permit from the building inspector. Almost overnight, significant buildings disappear. With a demolition delay bylaw, local officials, residents and developers can come together to explore alternatives during the delay period. There are many success stories in Massachusetts where developers have chosen to rehabilitate rather than demolish or to sell the building to someone interested in rehabilitating the property. MHC encourages the town of Agawam to join the many other municipalities in Massachusetts that have already adopted a demolition delay bylaw. Sincere , hristop er C. Sk�ellyy Director of Local Government Programs 220 Morrissey Boulcvard,Boston,Massachusetts 02123 - (617) 727-8470 �Nw-�v.st,.tte-ma.us/sec/nibc TOWN OF EASTHAMPTON Planning Department Town Hall, 43 Main Street Easthampton, MA 01027 (413) 529-1406 TEL '�c�p�RATEol1l��,,11�y (413) 529-1433 FAX February 4, 1999 Mr. David Cecchi Historic Commission Agawam Town Hall 36 Main Street Agawam, MA 01001 Dear Mr. Cecchi: The Town of Easthampton has had a Demolition Delay bylaw (now ordinance) since 1991. Since its adoption, the Historic Commission has reviewed approximately a half dozen proposed demolitions and held four hearings. In all cases, the demolition went forward in a timely manner. While often with regrets, the Commission did not find enough historic significance with the buildings to date to warrant the use of the six month delay. The main benefit of the bylaw has been that buildings do not disappear overnight. The two week period between the filing of the demolition permit and the hearing allows the Commission to consider the significance of the building and to work with the owner to photograph and/or preserve key components. While Easthampton has lost several buildings, the Commission has been able to obtain a detailed historic record of their presence as well as to secure some key artifacts. For the bylaw to work, it is extremely important to have the Historic Commission work closely with the Building Inspector and the Health Departments. This insures a smooth process. It also keeps the Commission aware of buildings that are to be condemned and removed for public health and safety purposes. We have found the Demolition Delay bylaw to be an extremely valuable planning and preservation tool and not cumbersome to implement. If you have any questions, please do not hesitate to call me. Sincerely, Stuart B. Beckley, Town Planner Pemloition Delay What is a Demolition Delay Bylaw? A Demolition Delay Bylaw is effective at delaying the demolition of historically significant buildings. In communities with demolition delay bylaws, property owners that are requesting a demolition permit through their Building Department must first receive approval from the Historical Commission. This can take several weeks. If the Historical Commission determines that the building is preferably preserved, a delay period is imposed. This period is usually six months. After the delay period has expired,the Building Commissioner can sign the demolition permit. A demolition delay bylaw is effective at fostering public discussion and seeking alternative solutions to the demolition. It is not however, a means to stop a demolition from occurring. Communities that are seeking to stop demolitions from occurring should pursue a Local Historic District. What are the communities that should be highlighted as best examples? Communities in Massachusetts Arlington with a Demolition Delay$ylaw: Acton- 6 months Holliston- 30 days Amesbury- 6 months Ipswich- 6 months Cambridge Andover- Lakeville- Arlington- 12 months Lexington- 6 months Chatham Ashburnham - Medfield- 6 months The Chatham Historical Commission has Barnstable- 6 months Medway- 30 days had some great successes with their Beverly- 6 months Middleborough - 6 months demolition delay bylaw. Before the bylaw, Billerica- 6 months Millis- 30 days no notice of a demolition was required. Bolton- 6 months Needham - 3 months With the bylaw, the Historical Commission Boston - 3 months New Bedford - is informed of the demolition before the Brookline- 12 months Newton- 12 months wrecking ball is on the site. In some cases, Cambridge- 6 months North Attleborough - 6 months just the recognition by the Commission that Chatham- 6 months Salem- 6 months Chelmsford- 14 days Saugus- 21 days the building is significant has convinced Danvers- Taunton- 6 months some owners to save the building and Dennis-45 days Tyngsboro- 14 days rehabilitate the structure. In another case, Duxbury- 6 months Westborough- 3 months an outbuilding was saved when a buyer was Eastham- Westford- 6 months found that was willing to move the building. Easthampton - 6 months Weston - Fall River- 6 months Williamstown- 3 months Falmouth- 3 months Winchester- 6 months Falmouth Foxborough- 6 months Worcester- 6 months It took the town of Falmouth three tries to Foxborough- 6 months Yarmouth -2 months pass a demolition delay bylaw - but they Framingham - 6 months did it! Since then, the bylaw can be Harwich- credited with saving a National Register Hingham - 6 months building which was moved to a new site. Without the bylaw, a buyer willing to move the property may not have been found and the building could have been lost. Should your community be included on this list as well? Please let us know if our information is not up-to-date. Tools and Techniques for Preservation Used by Communities in Massachusetts Page 21 I i� wJ 6L S TOWN OF AGAWAM INTEROFFICE y� 1� MEMORANDUM DMpy� To: Planning Board CC: RSS/File From: James T. Daley, P. E. Date: March 18, 1999 Subject: Proposed Zoning Amendment This will memo our response to your request of March 3, 1999 for comments on the proposed zoning amendment "Demolition Delay Ordinance" as proposed. We have no comment at this time. If a decision is made to accept the above referenced zoning amendment, then the Engineering Division will be glad to answer any questions of the Board on any particular application. h:lengineerlplanninglzonam5.wpd f FROM THE DESK OF... JAMES T.DALEY,P. TOWN ENGINEER DEPARTMENT OF PUBLIC WORKS 36 MAIN STREET AGAWAM,MA 01001 Fax: !� A �.� TOWN OF AGA WAM 36 N1AlN STREET ACA4yANL M ASSACHUSETTS 01001 Tel. 413-86-0400 �qT'E� Mph MEMO TO: Building Inspector/ DPW Police Department' Fire Department Conservation Commission Board of Appeals Health Department School Committee FROM: Planning Board DATE: March 3, 1999 SUBJECT: Proposed Zoning Amendment - Demolition Delay Ordinance The Planning Board has received a proposed zoning amendment from twenty-one (21) registered voters entitled "Demolition Delay Ordinance". Please review and comment on the attached Proposed Zoning Amendment prior to the Board's March 18, 1999 public hearing. Thank you. elk z Charles R. Calabrese, Chairman AGAWAM PLANNING BOARD CRC/DSD:prk 3110/q 7 o Gorr m /S�Su es���S ayc �2f'rdlt LEGAL NOTICE LEGAL NOTICE TOWN OF AGAWAM AGAWAM TOWN COUNCIL The Agawam Town Council will hold a public hearing on Monday,March 1, 1999 at the Agawam Middle School, 68 Main Street, Agawam,MA. The purpose of this hearing will be to hear the petition of ten registered voters for a proposed amendment to the Agawam Zoning Ordinance, Chapter 180, by adding a provision relative to delaying the demolition of historically significant buildings. A copy of the proposed zoning amendment can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 A.M. and 4:30 P.M. in the Agawam Town Hall, 36 Main Street, Agawam, MA Ursula Retzler Clerk of the Council LEGAL NOTICE LEGAL NOTICE TOWN OF AGAWAM AGAWAM TOWN COUNCIL The Agawam Town Council will hold a public hearing on Monday, March 1, 1999 at the Agawam Middle School,68 Main Street,Agawam, MA.The purpose of this hearing will be to hear the petition of ten registered voters for a proposed amend- ment to tie Agawam Zoning Ordinance, Chapter 180, by adding a provision relative to delaying the demolition of historically significant buildings. A copy of the proposed zoning amendment can.be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 A.M. and 4.30 P.M. in the Agawam Town Hall, 36 Main Street, Agawam, MA. Ursula Retzler Clerk of the Council Published: February 11, 1999 LEGAL NOTICE LEGAL NOTICE TOWN OF AGAWAM AGAWAM TOWN COUNCIL The Agawam Town Council will hold a public hearing on Monday, March 1, 1999 at the Agawam Middle School,-68 Main Street,Agawam, MA.The purpose of this hearing will be to hear the petition of ten registered voters for a proposed amend- ment to the Agawam Zoning Ordinance, Chapter 180, by adding a provision relative to delaying the demolition of historically significant buildings. A copy of the proposed zoning amendment can be obtained from the Agawam Planning Office or the '. Agawam Town Clerk's Office between the hours of 8:30 A.M. and 4:30 P.M. In the Agawam Town }t� Hall, 36 Main Street, Agawam, MA. Ursula Retzler FEB 1 9 1999 Clerk of the Council Published: February 18, 1999 TOWN OF AGA.WAM 36 14AIN STREET ACAWA.M. M..-kSSACHU5ETTS 01001 Tel. 413-;56-0400 MEMO TO: Building Inspector DPW Police Department Fire Department Conservation Commission Board of Appeals Health Department School Committee FROM: Planning Board DATE: March 3, 1999 SUBJECT: Proposed Zoning Amendment Demolition Delay Ordinance The Planning Board has received a proposed zoning amendment from twenty-one(21) registered voters entitled "Demolition Delay Ordinance". Please review and comment on the attached Proposed Zoning Amendment prior to the Board's March 18, 1999 public hearing. Thank you. Charles R. Calabrese, Chairman AGAWAM PLANNING BOARD CRC/DSD:prk TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, March 18, 1999 at 7:1 S PM at the Faolin Peirce Community Room, Agawam Police Station, 681 Springfield Street, Feeding Hills, MA. The purpose of this hearing will be to hear the petition of Twenty-One (21) Registered Voters for a proposed amendment to the Agawam Zoning Ordinance, Chapter 180, by adding a provision relative to delaying the demolition of historically significant buildings. A copy of the proposed zoning amendment can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Charles R. Calabrese, Chairman Agawam Planning Board Ad to be run 3/4/99 & 3/11/99 I 7 interoffice M E M O R A N D U M Dc, to: Donald M. Rheault, Council President >r o �r cc: "`' 3 r" from: Town Clerk's Office re: Petition to adopt Demolition Delav Ordinance date: Qe��l The attached petition has 2 I certified signatures of registered voters in the Town of Agawam. from the desk of... Torun Clerk's Office sown of Agawam 36 Main St Agawam,MA 01001 413-786-0400 ext.215 Fu: 413-186-9921 • • The following registered voters in the Town of Agawam request that the Agawam Town Council adopt the attached Demolition Delay Ordinance: NAME ADDRESS 1 �t- 'L`'Z ervr 7--=, Sf A PAVN bcca 0 Of Lac �C,-L J r 0/-Co �i gv cn © oo L \2CIJZn� _0� CC .11 ',o 9Z O33 66 The following registered voters in the Town of Agawam request that the Agawam Town Council adopt the attached Demolition Delay Ordinance: NAME ADDRESS Q r w i w TOR-99- 1 AN ORDINANCE TO ADD § 180-14A TO THE ZONING CODE OF THE TOWN OF AGAWAIVI RELATIVE TO DELAYING THE DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS (Submitted by the Agawam Historical Commission) WHEREAS, the most important role of a local historical commission is the preservation of the community's historic places; WHEREAS, in order to achieve the preservation of historic places, the historical commission must plan for and implement programs for the identification, evaluation and protection of the community's historic resources; WHEREAS, the Agawam Historical Commission fears that as development in our community continues, Agawam will lose more of its historic resources; WHEREAS, the Agawam Historical Commission supports the enactment of a zoning ordinance which would delay the demolition of historically significant buildings in order to allow the owner and the town time to find some other person or group who is willing to purchase, preserve, rehabilitate or restore the building; WHEREAS, the enactment of a zoning ordinance which would delay the demolition of historically significant buildings is in the best interests of the Town of Agawam; and NOW THEREFORE, the Agawam Town Council hereby resolves and ordains that §180- 14A of Article I of Chapter 180 of the Code of the Town of Agawam entitled "Demolition Delay of Historically Significant Buildings" be added effective upon passage to read as follows: § 180-14A Demolition Delay of Historically Significant Buildings A. Intent and Purpose • • The purpose of this section is to preserve and protect historically significant buildings within the Town of Agawam and to encourage owners of such buildings to seek out persons who are willing to purchase, preserve, rehabilitate or restore such buildings rather than demolish them. To achieve this purpose, the Agawam Historical Commission is empowered to advise the Inspector of Buildings with respect to the issuance of permits for demolition of historically significant buildings. The issuance of demolition permits for historically significant buildings is regulated as provided in this section. 0 B. Definitions For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this sub-section: (1) "Building" - any combination of materials forming a shelter for persons, animals, or property. (2) "Demolition" -any act of pulling down, destroying, removing or razing a building or any portion thereof or commencing the work of total or substantial destruction with the intent of completing the same. (3) "Significant Building" - any building or portion thereof which: (a) is included in the Agawam Inventory of Historic Structures prepared by the Commission, as amended from time to time, including those buildings listed for which complete surveys may be pending; or (b) is 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. (4) "Commission" - the Agawam Historical Commission C. Procedure (1) Upon receipt of an application for a demolition permit for a significant building, the Inspector of Buildings shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time. (2) Within five (5) days, the office of Planning and Community Development shall make an initial determination of the building. If the building is listed in the Agawant Inventory of Historic Structures or listed on the National Register of Historic Places, the initial determination shalt be positive If the building is not listed in the Inventory or on the National Register of Historic Places, the initial determination shall be negative If the builrhng receives a positive determination, the office of Planning and Community Development shall notify the Commission in riling of the determination. If the building receives a negative determination, the Office of Planning and Community Development shall notify the Inspector of Buildings in writing.. . (3) If the initial determination is negative, the Inspector of Buildings may issue the demolition permit. If the initial determination is positive, within thirty (34) days of receipt of the determination from the Office of Planning and Community Development, the Commission shall hold a public hearing. The Historical Commission shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen(14) days before said hearing and also within seven (7) 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 in the records of the Assessor's Office, and to such other persons as the Commission shall deem entitled to notice. (4) Il; 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 Inspector of Buildings within ten (10) days. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if the Inspector of Buildings has not received notification from the Commission, the Inspector of Buildings may, subject to the requirements of the state building code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit. (5) 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 historically significant building. The Commission shall notify the Massachusetts Hzloric Commission, the Office of Planning and Community Development, and other interested parties requesting assistance in preservation funding and adaptive reuses. (6) Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a historically significant building, the Commission shall so advise the applicant and the Inspector of Buildings, and no demolition permit may be issued until at least six (6) months after the date of such determination by the Commission. (7) The Commission and other appropriate town departments shall make all efforts to assist the applicant in the preservation, rehabilitation, and/or restoration of the building fs�. Such efforts may include seeking buyers for the property, seeking grants for preservation, rehabilitation and/or restoration, or obtaining other professional assistance_ (7) Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for a historically preserved significant building at any time after receipt of written advice from the Commission to the effect that either: (a) 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 (b) the Commission is satisfied that for at Ieast six months since the determination that the building is a historically significant building, the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building, and that such efforts have been unsuccessful. D. Enforcement and Remedies (1) The Commission and the Inspector of Buildings 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 section, or to prevent 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 section for a period of two (2) years after the date of the completion of such demolition. As used herein "premises" includes the parcel of land upon which the demolished significant building was located. E. Severability If any sub-section and/or portion of this section is for any reason declared invalid or unconstitutional by any court, every other sub-section and/or portion shall continue in full force and effect. Dated this day of , 1999. PER ORDER OF THE AGAWAM TOWN COUNCIL Donald M. Rheault, President Agawam Town Council .. APPROVED AS TO FORM AND LEGALITY Thomas S. Locke, Solicitor FA q� TOWN OF AGAWAM %�• 36 MAIN STREET ACAWAM, MASSACHUSETTS 01001 y�+ Tel. 413-786-0400 o��RATED MPy` rn NJ AGAWAM HISTORICAL COMMISSION m f7 26 February 1999 " c,a YJ cn Mr. Donald Rheault, President Agawam Town Council 36 Main Street Agawam, Massachusetts 01001 Dear Councilor: The undersigned, on behalf of ten registered voters, respectfully requests to withdraw its petition to the Town Council to adopt a Demolition Delay Zoning Amendment.The Historical Commission is in the process of making changes to the proposed amendment based upon input it received during the public hearing held by the Planning Board on 18 February 1999. Since the Planning Board has not yet taken action on the amendment, there is not sufficient time for the Council to take action within the statutory time limits imposed by M.G.L. Chapter 40A. The Historical Commission intends to redraft the Demolition Delay Ordinance and resubmit it to the Town Council by the beginning of March. Your support of this withdrawal without prejudice will enable the Commission to prepare an ordinance which will be more concise and will address local concerns. Respectfully submitted, THE AGAWAM HISTORICAL COMMISSION David Cecchi, chair cc: Mayor Town CIerk ' TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, February 18, 1999 at 7:15 PM at the Faolin Peirce Community Room, Agawam Police Station, 681 Springfield Street, Feeding Hills, MA. The purpose of this hearing will be to hear the petition of the Agawam Town Council for a proposed amendment to the Agawam Zoning Ordinance, Chapter 180, by adding a provision relative to delaying the demolition of historically significant buildings. A copy of the proposed zoning amendment can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Charles R. Calabrese, Chairman Agawam Planning Board Ad to be run I/28/99 & 2/4/99 MEMO To: Planning Board From: Sgt. Steven Draghetti - Safety Officer 12 Subject: Zoning Amendment - Demolition Delay Ordinance Date: January 6, 1999 The proposed zoning amendment for a demolition delay ordinance has no bearing on traffic safety and is not within my area of expertise. TOWN OF AGAWAM i PLANNING BOARD The Agawam Planning Board will . hold a public hearing on Thurs- day, January 21, 1999 at 7:15 PM at � the Faolin Peirce Community Roorn, Agawam Police Station, 681 Springfield Street, Feeding Dills, MA. The purpose of this hearing wilt be to hear the peti- tion of ten registered voters for a ;. proposed amendment to the Agawam Zoning Ordinance, Chap- ter 180, by adding a provision rel- ative to delaying the demolition of historically significant buildings. A copy of the proposed zoning amendment can be obtanined, from the Agawam Planning Office or the Agawam Town Clerk's Of- fice between the hours of 8.30 AM and 4:30 PM in the Agawam Town Mall, 36 Main Street,Agawam,MA, BY ORDER OF: Charles R.Calabrese,Chairman Agawam Planning Board ,e (Dec. 31 & Jan. 7) _. loj MA 3FACAWAM The A coo RO �✓ �L�✓\ Y t�� hold egg eea ^4 Board wlll day,Janu-47` Q"Thu, . the Fadlln y pi,i of 7:fi PM of l >toa,rr, AgawgmrrpglfceommunHy _ MfJlaSpringffetq Sireef, Fe ffon, . 0 NOFAGASsIAM hearinAlA. The purpose o>�h[s P1_Af11plHG,B0 r �7I It wIIJ ba to h ,# gy11 registeredevorters°!�eel- 'The Agawam p[onll Board wfp asm amendment to the halo a public hearing on Thurs- ter lflp,by add4�dinance,Cfiap- -44 January 71,1999 a!7;15 PM of histo to delays^np a Provfsfon rel- the Faolih Peirce Comnrl hHJorlCgNy el ¢the demdfftfan of 'Room, Agawem police Station, 4niitcanl bUfldln s 891 Springfiald Street, Feeding arnanoi at the prapozeq zon 4 j kills, MA. The meRf Can (ng Purpose of this "'M'hq be obfenfnaq hearing will be!o hear the peft- Ag°warn pfannfngq Q{tICB' I'll of fen registered voters for a twY bye/AjyK^the ha^CferM'a of. Propoted amendment Ic the and 4:7g>SM!h fh urs 11 'r AM Agawam Zanlny ordinance,Chap Hall,3a Maln Street,Apawem Town ter 18p,by adding a prdvis[pn ref- Agawam,MA, aura to delaylhg the demolition of �hpnkiaER OF; 'hlstorichily signHieant buildings, 1 •+RaCet ' IA coPY o1 the proposed zoning AG<wam PlannJa nrairmen amendment tar be obtanfttetl, J ° [Pic.31' eOerd Itrbm the All Planning Off'c% or Me Agawam Town Clel qt- fire between the hours of 8;30 AM i and 4:30 PM in the Agawam Town f Hall,36 Main Street,Agawam,MA. I 13Y ORDER bp; Cherlas R;l.Q.abrestl,ChaUman 7 + AlPlanning Bd3rd t It]ec,716,10h,7f { I a TOWN OF AGAWAM +� 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y Tel. 413-7 86-0400 D p MEMO TO: Building Inspector DPW Police Department Fire Department Conservation Commission Board of Appeals Health Department School Committee FROM: Planning Board DATE: December 29, 1998 SUBJECT: Proposed Zoning Amendment -Demolition Delay Ordinance The Planning Board has received the attached proposed Demolition Delay Ordinance from ten registered voters. Please review and comment on this proposal prior to the Board's public hearing on January 21, 1999. Thank you. C" J Charles R. Calabrese, Chairman AGAWAM PLANNING BOARD CRC/DSD:prk COUNCIL CLERK-OFFICE i ,a ri`i CLE ;S Ur FILE AGAWAM. MA. AGE.?lAM, MASS, Demolition Delay Ordinance 98 DEC 2 3 AN l l: 5 2 Petition 10 DEC 23 AN 9 20 `= Name Address 50 4.2 SI Pink dye p� �t�►� � � December 23, 1998 I certify that there are ten registered voters listed. ATTEST: 13� �� Richard M. T eroux, '"�' ,s"'� �T'-�%�- =' � Town Cleric }' S , DEC 2 3 19M LL N .. ;•� (' , e c n� n c� �C-, The following registered voters 3 in the Town of Agawam request that the Agawam Town 3 Council(City) adopt the following Demolition Delay Ordinance: N rr I 0 II DEC 2 3 KANN 1V� � FA TOWN OF AGAWAM a 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 �• y1� Tel. 413-786-0400 ABED MA co r AGAWAM HISTORICAL COMMISSION C W - 11 December 1998 `- • � V7 Mayor Christopher Johnson Town of Agawam "^ 36 Main Street Agawam, Massachusetts 01001 Dear Mayor Johnson: The Massachusetts Historical Commission's Preservation Planning Manual, Local Historical Commissions: Their Role in Local Government, states that: a local historical commission's most important goal is the preservation of the community's historic places. The purpose of a local historical commission is to work toward this goal by planning for and implementing programs for the identification, evaluation, and protection of its community's historic resources." As part of our charter to preserve Agawam's historic places, the Agawam Historical Commission would like to submit the attached Demolition Delay Ordinance for consideration and approval. The ordinance would delay demolition permits for a specified period of time in order to allow for consideration of preservation options. 4's the development of Agawam and Feeding Hills continues, it is the fear of the Historical Commission that we will lose even more of our historic resources through insensitive development than we currently already have. We feel that any type of mechanism which will cause the owner of a historic structure to think X ut the different options available for preservation before destroying that structure is a worthwhile one to have on the books. Respectfully submitted, THE AGAWAM HISTORICAL COMMISSION David Cecchi, chair Richard Bellico,vice chair r1Lt i l if i. i'1i. S. TOR 98-9 1998 DEC 2 3 AN 9 21 AN ORDINANCE TO ADD § 180-14A TO THE ZONING CODE OF THE TOWN OF AGAWAM RELATIVE TO DELAYING THE DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS k (SnbmiMd by die Age mmricd Coon) WHEREAS, the most important role of a local historical commission is the preservation of the community's historic places; WHEREAS, in order to achieve the preservation of historic places, the historical commission must plan for and implement programs for the identification, evaluation and protection of the community's historic resources; WHEREAS, the Agawam Historical Commission fears that as development in our community continues, Agawam will lose more of its historic resources; L WHEREAS, the Agawam Historical Commission supports the enactment of a zoning ordinance which would delay the demolition of historically significant buildings in order to allow the owner and the town time to find some other person or group who is willing to purchase,preserve, rehabilitate or restore the building; WHEREAS, the enactment of a zoning ordinance which would delay the demolition of historically significant buildings is in the best interests of the Town of Agawam; and NOW THEREFORE, the Agawam Town Council hereby resolves and ordains that§180- 14A of Article I of Chapter 180 of the Code of the Town of Agawam entitled"Demolition Delay of Hi;1pricaily Significant Buildings"be added effective upon passage to read as follows: § 180-14A Demolition Delay of Historically Significant Buildings ,to, A. Intent and purpose The purpose of this section is to preserve and protect historically significant buildings within the Town of Agawam and to encourage owners of such buildings to seek out persons who are willing to purchase,preserve,rehabilitate or restore such buildings rather than demolish them. To achieve this purpose,the Agawam Historical Commission is empowered to advise the Inspector of Buildings with respect to the issuance of permits for demolition of historically significant buildings. The issuance of demolition permits for historically significant buildings is regulated as provided in this section. �. DeffnWons For the purposes of this section, the following words and phrases shall have the m respectx�ely ascabed to them by this sub-section: (1) 'Budding" -any combination of materials foaming a shelter for persons,awls,or Property. (2) "Demolition" -any act of palling down, destroying, removing or razing a budding or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same. (3) "Significant Building" - any building or portion thereof which: (a) in whole or in part was built fifty(50)or more years prior to the date of the application for the demolition permit or is of unknown age, or (b) is 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, or ' : (c) is included in the Historical Inventory prepared by the Commission including those buildings listed for which complete surveys may be pending, or (d) has been determined by vote of the Commission to be historically or architecturally significant in terms of period, style, method of building construction, or association with a famous architect or builder provided that the owner of such a building and the Inspector of Buildings have been notified, in hand or by certified mail, within ten(10) days of such vote. (4) "Commission" -the Agawam Historical Commission C. Procedure (1) Upon receipt of an application for a demolition permit for a significant building,the Inspector of Buildings shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time. (2) Within fourteen(14)days,the Commission shall make an initial determination as to the historic significance of the building. If the building is listed in the Agawam Inventory of Historic Structures, the initial determination shall be positive. If the building is not listed in the Inventory,the initial determination shall be negative. (3) If the initial determination is negative, the Inspector of Buildings may issue the demolition permit. If the initial determination is positive, the Commission SW fm a reasonable time for a public hearing on the application and shall give public notice thereofby publishing notice of the time,place and purpose of the hearing in a local newspaper at least fourteen(14) days before said hearing and also within seven(7) days of said hearing,marl 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 in the records of the Assessor's Office,and to such other persons as the Commission shah deem entitled to notice. (4) I4 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 Inspector of Buildings within tea (10) days. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if the Inspector of Buildings has not received notification from the Commission, the Inspector of Buildings may,subject to the requirements of the state building code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit (5) 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 historically significant building. The Commission shall notify the Massachusetts Historic Commission, the Director of Planning and - Community Development, and other interested parties requesting assistance in preservation funding and adaptive reuses. (6) Upon a determination by he Commission that the significant building which is the subject of the application for a demolition permit is a historically significant building, the Commission shall so advise the applicant and the Inspector of Buildings, and no demolition permit may be issued until at least six(6)months after the date of such determination by the Commission. (7) Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for a historically preserved significant building at any time after receipt of written advice from the Commission to the effect that either. (a) 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 (b) the Commission is satisfied that for at least six months the owner has made continuing,bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building, and that such efforts have been unsuccessful. D. Enforcement and Remedies - (1) The Commission and the Inspector of B Uhw are each auffiadzed to a any and all proceedings in law or equity as they deem necessary Sad appNpdate w obtfm compliance with the reqdu 1 of this section,or to prevent violatkm thereofi (2) No building permit shall be issued with respect to ashy pstm= upon which.a signifirant budding has been.vohuAmily demolished in violation of this suction for a period of two(2)years after the date of the oomph on of such dem:olid=As used herein"premises"mdudes the parcel of land upon wbich the demolished significant building was located. E. Severability If any sub-section and/or portion of this section is for any reason declared invalid or unconstitutional by any court,every other sub-u=on and/or portion shall continue in W force and effect. Dated this day of . 1999. PER ORDER OF THE AGAWAM TOWN COUNCIL. Donald M. Rheault, Presides Agawam Town Council APf*OVED AS TO FORM AND LEGALITY l Thomas . Locke, Solicitor • i L)OYIN U -fin OFF i ;E 1998 DEC 2 3 AN 9= 26 The following registered voters in the Town of Agawam request that the Agawam Town Council(City) adopt the following Demolition Delay Ordinance: OEC 2 3 1998 KANN � • s Demolition Delay Ordinance Petition 1998 DEC 23 9: 26 Name Address �� 25c) �` 7C;2-- ce 5-/ Ppk EJ 7 dye?? DEC 2 3 1993 P LAN"IN"-14NGi �1Gt lWt 'A r, rti . 1�,,ss. TOR 98-9 1998 DEC 23 A14 9= 26 AN ORDINANCE TO ADD § 180-14A TO THE ZONING CODE OF THE TOWN OF AGAWAM RELATIVE TO DELAYING THE DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS (Submitted by the Agawam Hk-Wr cci Conmbsion) WHEREAS, the most important role of a local historical commission is the preservation of the community's historic places; WHEREAS, in order to achieve the preservation of historic places, the historical commission must plan for and implement programs for the identification, evaluation and protection of the community's historic resources; WHEREAS, the Agawam Historical Commission fears that as development in our community continues, Agawam will lose more of its historic resources; WHEREAS, the Agawam Historical Commission supports the enactment of a zoning ordinance which would delay the demolition of historically significant buildings in order to allow the owner and the town time to find some other person or group who is willing to purchase,preserve, rehabilitate or restore the building; WHEREAS, the enactment of a zoning ordinance which would delay the demolition of historically significant buildings is in the best interests of the Town of Agawam; and NOW THEREFORE, the Agawam Town Council hereby resolves and ordains that§180- 14A of Article I of Chapter 180 of the Code of the Town of Agawam entitled"Demolition Delay of Hi!�,torically Significant Buildings"be added effective upon passage to read as follows: § 180-14A Demolition Delay of Historically Significant Buildings A. Intent and Purpose r The purpose of this section is to preserve and protect historically significant buildings within the Town of Agawam and to encourage owners of such buildings to seek out persons who are willing to purchase, preserve, rehabilitate or restore such buildings rather than demolish them. To achieve this purpose,the Agawam Historical Commission is empowered to advise the Inspector of Buildings with respect to the issuance of permits for demolition of historically significant buildings. The issuance of demolition permits for historically significant buildings is regulated as provided in this section. B. Definitions For the purposes of this section, the following words and phrases shall have the meanings respectively ascn-bed to them by this sub-section: (1) "Building" -any combination of materials forming a shelter for persons, animals,or property- (2) "Demolition' - any act of pulling down, destroying, removing or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same. (3) "Significant Building" - any building or portion thereof which: (a) in whole or in part was built fifty (50) or more years prior to the date of the application for the demolition permit or is of unknown age; or (b) is 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, or (c) is included in the Historical Inventory prepared by the Commission including those buildings listed for which complete surveys may be pending, or (d) has been determined by vote of the Commission to be historically or architecturally significant in terms of period, style, method of building construction, or association with a famous architect or builder provided that the owner of such a building and the Inspector of Buildings have been notified, in hand or by certified mail, within ten (10) days of such vote. (4) "Commission" - the Agawam Historical Commission r C. Procedure (1) Upon receipt of an application for a demolition permit for a significant building, the Inspector of BuiIdings shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time. (2) Within fourteen (14)days, the Commission shall make an initial determination as to the historic significance of the building. If the building is listed in the Agawam Inventory of Historic Structures, the initial determination shall be positive. If the building is not Isted in the Inventory, the initial determination shall be negative. (3) If the initial determination is negative, the Inspector of Buildings may issue the demolition permit If the initial determination is positive,the Commission shall fix a reasonable time for a public hearing on the application and shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen(I4) days before said hearing and also within seven(7) 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 in the records of the Assessor's Office, and to such other persons as the Commission shall deem entitled to notice. (4) 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 Inspector of Buildings within ten (10) days. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if the Inspector of Buildings has not received notification from the Commission, the Inspector of Buildings may,subject to the requirements of the state building code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit. (5) 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 historically significant building. The Commission shall notify the Massachusetts Historic Commission, the Director of Planning and Community Development, and other interested parties requesting assistance in preservation funding and adaptive reuses. (6) Upon a determination by he Commission that the significant building which is the subject of the application for a demolition permit is a historically significant building, the Commission shall so advise the applicant and the Inspector of Buildings, and no demolition permit may be issued until at least six(6)months after the date of such determination by the Commission. (7) Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for a historically preserved significant building at any time after receipt of written advice from the Commission to the effect that either. (a) the Commission is satisfied that there is no reasonable Iikelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building, or (b) the Commission is satisfied that for at least six months the owner has made continuing,bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building, and that such efforts have been unsuccessful. D. Enforcement and Remedies (1) The Commission and the Inspector of Buildings are each authorized to institute any and all proceedings in law or equity as they deem necessary and aoppropriate to obtain compliance with the requirements of this section,or to prevent violation thereof. (2) No building pem it shall be issued with respect to any premises upon which a sigaificant building has been voluntarily demolished in violation of this section$ar a period of two(2)years after the date of the completion of such demolition.As used herein"premises"includes the parcel of land upon which the demolished significant building was located. E. Severability If any sub-section and/or portion of this section is for any reason declared invalid or unconstitutional by any court, every other sub-section and/or portion shall continue in full force and effect. ti Dated this day of_ , 1999. PER ORDER OF THE AGAWAM TOWN COUNCIL Donald M. Rheault, President Agawam Town Council APPROVED AS TO FORM AND LEGALITY T J,� Thomas . Locke, Solicitor FA TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 �p�RATEU Mpy AGAWAM HISTORICAL COMMISSION i 11 December 1998 ca C-, n r' �y!' Mayor Christopher Johnson w -v Town of Agawam 36 Main Street rn r Agawam, Massachusetts 01001 Dear Mayor Johnson: ti The Massachusetts Historical Commission's Preservation Planning Manual, Local Historical Commissions: Their Role in Local Government, states that: a local historical commission's "most important goal is the preservation of the community's historic places. The purpose of a local historical commission is to work toward this goal by planning for and implementing programs for the identification, evaluation, and protection of its community's historic resources." As part of our charter to preserve Agawam's historic places, the Agawam Historical Commission would like to submit the attached Demolition Delay Ordinance for consideration and approval. The ordinance would delay demolition permits for a specified period of time in order to allow for consideration of preservation options. As the development of Agawam and Feeding Hills continues, it is the fear of the Historical Commission that we will lose even more of our historic resources through insensitive development than we currently already have. We feel that any type of mechanism which will cause the owner of a historic structure to think about the different options available for preservation before destroying that structure is a worthwhile one to have on the books. Respectfully submitted, THE AGAWAM HISTORICAL COMMISSION David Cecchi, chair Richard Bellico, vice chair 0 TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, January 21, 1999 at 7:15 PM at the Faolin Peirce Community Room, Agawam Police Station, 681 Springfield Street, Feeding Hills, MA. The purpose of this hearing will be to hear the petition of ten registered voters for a proposed amendment to the Agawam Zoning Ordinance, Chapter 180, by adding a provision relative to delaying the demolition of historically significant buildings. A copy of the proposed zoning amendment can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Charles R. Calabrese, Chairman Agawam Planning Board Ad to be run 1/7/99 & 1/14/99 1 �.- L new k43 C) .��n (/7� t, FA TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 AGAWAM HISTORICAL COMMISSION � am 11 December 1998 Mayor Christopher Johnson Town of Agawam 36 Main Street y Agawam, Massachusetts 01001 Dear Mayor Johnson: The Massachusetts Historical Commission's Preservation Planning Manual, Local Historical Commissions: Their Role in Local Government, states that: a local historical commission's ¢most important goal is the preservation of the community's historic places.The purpose of a local historical commission is to work toward this goal by planning for and implementing programs for the identification, evaluation, and protection of its community's historic resources." As part of our charter to preserve Agawam's historic places, the Agawam Historical Commission would like to submit the attached Demolition Delay Ordinance for consideration and approval. The ordinance would delay demolition permits for a specified period of time in order to allow for consideration of preservation options. As the development of Agawam and Feeding Hills continues, it is the fear of the Historical Commission that we will lose even more of our historic resources through insensitive development than we currently already have. We feel that any type of mechanism which will cause the owner of a historic structure to think about the different options available for preservation before destroying that structure is a worthwhile one to have on the books. Respectfully submitted, THE AGAWAM HISTORICAL COMMISSION David Cecchi, chair Richard BelIico, vice chair TOR-98-9 AN ORDINANCE TO ADD § 180-14A TO THE ZONING CODE OF THE TOWN OF AGAWAM RELATIVE TO DELAYING THE DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS (Submitted by the Agaxwn Slswrkal Commission) WHEREAS, the most important role of a local historical commission is the preservation of the community's historic places; WHEREAS, in order to achieve the preservation of historic places, the historical commission must plan for and implement programs for the identification, evaluation and protection of the community's historic resources; WHEREAS, the Agawam Historical Commission fears that as development in our community continues, Agawam will lose more of its historic resources; `+ WHEREAS, the Agawam Historical Commission supports the enactment of a zoning ordinance which would delay the demolition of historically significant buildings in order to allow the owner and the town time to find some other person or group who is willing to purchase,preserve, rehabilitate or restore the building; WHEREAS, the enactment of a zoning ordinance which would delay the demolition of historically significant buildings is in the best interests of the Town of Agawam; and NOW THEREFORE, the Agawam Town Council hereby resolves and ordains that§180- 14A of Article I of Chapter 180 of the Code of the Town of Agawam.entitled"Demolition Delay of His rically Significant Buildings"be added effective upon passage to read as follows: § 180-14A Demolition Delay of Historically Significant Buildings A. Intent and Purpose The purpose of this section is to preserve and protect historically significant buildings within the Town of Agawam and to encourage owners of such buildings to seek out persons who are willing to purchase,preserve,rehabilitate or restore such buildings rather than demolish them. To achieve this purpose,the Agawam Historical Commission is empowered to advise the Inspector of Buildings with respect to the issuance of permits for demolition of historically significant buildings. The issuance of demolition permits for historically significant buildings is regulated as provided in this section. B. Definitions For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this sub-section: (1) "Building" -any combination of materials forming a shelter for persons, animals,or lroperty. (2) "Demolition" - any act of pulling down, destroying, removing or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same. (3) "Significant Building" - any building or portion thereof which: (a) in whole or in part was built fifty(50) or more years prior to the date of the application for the demolition permit or is of unknown age; or (b) is 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, or (c) is included in the Historical Inventory prepared by the Commission including -� those buildings listed for which complete surveys may be pending; or i• ..✓ (d) has been determined by vote of the Commission to be historically or architecturally significant in terms of period, style, method of building construction, or association with a famous architect or builder provided that the owner of such a building and the Inspector of Buildings have been notified, in hand or by certified mail, within ten(10) days of such vote. (4) "Commission" - the Agawam Historical Commission r C. Procedure (1) Upon receipt of an application for a demolition permit for a significant building,the Inspector of Buildings shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time. (2) Within fourteen(14)days,the Commission shall make an initial determination as to the historic significance of the building. If the building is listed in the Agawam Inventory of Historic Structures, the initial determination shall be positive. If the building is not listed in the Inventory, the initial determination shall be negative. (3) If the initial determination is negative, the Inspector of Buildings may issue the demolition permit. If the initial determination is positive, the Commission shall fix a reasonable time for a public hearing on the application and shall give public notice thereof by publishing notice of the time,place and purpose of the hearing in a local newspaper at least fourteen(14)days before said hearing and also within seven(7) 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 in the records of the Assessor's Office,and to such other persons as the Commission shall deem entitled to notice. (4) 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 Inspector of Buildings within ten (10) days. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if the Inspector of Buildings has not received notification from the Commission, the Inspector of Buildings may,subject to the requirements of the state building code and any other applicable laws, ordinances, rules and regulations, issue the demolition permit. t (5) 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 historically significant building. The Commission shall notify the Massachusetts Historic Commission, the Director of Planning and Community Development, and other interested parties requesting assistance in preservation funding and adaptive reuses. (6) Upon a determination by he Commission that the significant building which is the subject of the application for a demolition permit is a historically significant 4o' building, the Commission shall so advise the applicant and the Inspector of Buildings, and no demolition permit may be issued until at least six(6)months after the date of such determination by the Commission. (7) Notwithstanding the preceding sub-section, the Inspector of Buildings may issue a demolition permit for a historically preserved significant building at any time after receipt of written advice from the Commission to the effect that either: (a) the Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or getup is willing to purchase, preserve, rehabilitate or restore such building, or (b) the Commission is satisfied that for at least six months the owner has made, continuing,bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the building, and that such efforts have been unsuccessful. D. Enforcement and Remedies (1) The Commission and the Inspector of Buildings 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 section,or to prevent 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 section for a period of two(2)years after the date of the completion of such demolition.As used herein"premises"includes the parcel of land upon which the demolished significant building was located E. Severability If any sub-section and/or portion of this section is for any reason declared invalid or unconstitutional by any court,every other sub-section and/or portion shall continue in full force and effect. Dated this day of , 1999. PER ORDER OF THE AGAWAM TOWN COUNCIL l Donald M. Rheault, President Agawam Town Council API;ROVED AS TO FORM AND LEGALITY .r Thomas . Locke, Solicitor Town - of Agawam " 36 Main Street Agawam, Massachusetts 04001-1837 Tel. 413-786-0400 Fax 413-786-9927 FAX COVER SHEET Fax Number (413) 786-9927 Originating Department: TO: 97f - 1 .33 — Z) 33F FROM: Number of Pages Including Cover Sheet: Comments: clot Fax transmissions are solely for municipal purposes. Any personal or political use prohibited by law. 508 433+0338 FROM : Town 0r Pepperell , MA 01463 PHONE NO. 508 433+0338 May. 17 2000 10: 14AM P1 One Main Street Pepperell, MA 01463-1644 Pepperell Phone: (978) 433-0322 Commission Fax: (978) 433-0338 e-mail: smithsj@town.pepperell.ma.us Fcmix Agawam To: Town Clerk and/or Historical Commission From: Susan J.Smith Fax: 4 1 3 7 8 6-9 9 2 7 Date: May 17,2000 Phone 4 1 3 7 8 6 e�0 4 0 0 Pages one Re: Demolition By-Law CC: ❑ Urgent ❑ For Review ❑ Please Comment X Please Reply ❑ Please Recycle *Comments., Would you please forward a copy of your town's demolition by-law to me via mail, fax or e-mail. Any comments regarding the passing of your demolition delay by-law and experiences administering it are gratefully welcomed. Thanking you in advance, v K Mpy Sunday Republican, February 14, 1999 1AW LOCAL KAO Law to peirseTve 'slog'slo-Ty pondeTed By JACK FARRELL � � Coming Me evagolmome: said she will be giving the wood Staff writer = iwxl week ba "new life." wou0Q7 6000MV cM "We will definitely be using AGAWAM - Laurie Kwader A...,,, valnom lima du Grandma Wordy's timber," she ddesn't live in the city anymore, said. That house had so much 6i she has a piece of Agawam in �ot��bg �Caa�r� m0bep love in it." tier New Hampshire home. month delay would not have saved ,"The mementos are bittersweet, the structure-the city tried to save p • 0 4aems eeuod [be though, because they're pieces of Betty's Old Towne House for more 0 timber from Betty's Old Towne than a year-but the proposed or- House, ��>? g�$Gil House, the former restaurant that dinance will still be of value, his £] Ois razed to make way for a Wal- torical officials say. green's store at Walnut and Members of the Agawam His- �417�JG�4[9[7c • Springfield streets. tot Commission, who wrote Therefore, Kwader,who played the proposed ordinance, say the to Elm Street. as'a young girl in and around the bylaw would allow for the com- Ironically, the house was saved house in the 1950s before it be- mission to call for a public hearing from demolition in the late 1950s came a restaurant, said she hopes within 14 days of a demolition re- when it was moved to its final site a public hearing on a proposed quest if the building is among the at 60 Springfield St.to make room demolition-delay ordinance before more than 250 sites listed in the for the new shopping center then the Planning Board Thursday will Agawam Inventory of Historic being built at Suffield and Spring- lead to a consensus to save what- Structures. field streets. The Bottaro family ever history Agawam has left. If the commission then decides then turned the house into a res- It.''So much has disappeared al- that a demolition would be "detri- taurant. ready," said Kwader, whose in- mental to the historical or archi- But in the years-the Wordens laws still live here (she and her tectural heritage or resources of lived there, Kwader used to pick husband,Alex,are 1960 graduates the town," the panel would notify flowers in the woods nearby, and of,Agawam High School),"When I the Massachusetts Historic Com- Nathalie,or"Grandma Wordy"as see'Agawam, I don't see anything mission and the city planning de- Kwader knew her,would help her pretty anymore, other than per- partment to ask for help in press them into books. hAp$the Captain Charles Leonard preserving the building. Kwader has found a poem that House." If, after six months, no other at ra that brings her right back to Grandma ,.,The ordinance would delay a buyer or use for the building is Wordy and the house th . razing for six months while other identified, a demolition permit er stands. "I shall se love long- options could be explored for sav- would be issued. always an ing a structure. If the Planning The house that later became old house, For in those timbers Board approves the ordinance, it home to Betty's Old Towne House strong, Is love and life and memo- still must pass the City Council. was originally at Suffield and ries. T,he proposal first arose when Springfield streets. It was the That's why Kwader and her the 167-year-old building housing Worden family homestead from husband will build a lakeside cot- Betty's at 60 Springfield St. was 1896 until 1955,before the late Na- tage this spring using the salvaged demolished last February A six- thalie and Preston Worden moved timber from the old home She 1 s- ' w-� _,ram �� w- � .... i«�,;..,..... �.,,,.:,,�,z;,,..• ,..,,,.,..o ". _.ry ... >. ,'•i� a a w" 'q•^ t ��+g '" 'm--.".., ^„ Y.•�wa -.. x -' a?°+X% y ^3�,�.. a1.'m�.:.�A..�e� ���`•Y.rTr��.'n4.•• �i '��tC' . r WORONOCOs" SAVINGS BANK NCHARD A.BELLICO Vice President 31 Court Street Westfield.Massachusetts 01086-0978 Telephone 413-568-9141 Direct:413-568-9147 X 224 Fax 413-568-4I71 U��4 s I-ti oW s�7�czfe m inn f. s My name is Marjorie Greenough. I live at 142 Silver Street I oppose the passage of the Historical Commission's Proposal for four reasons. 1, 1 feel it interfers with the constitutional rights of the landowners. 2, 1 feel it discriminates against those who presently own historical property. 3, 1 am not a lawyer, however, it appears to me that people who have the inside knowledge of what is going on in the buisness and town affairs could buy historical land which could be used later for profit by working the system. 4. 1 see no mechanics to insure that the first owner will not endure finacial hardships because of this proposal nor that the new owner is bound to preserve the building, which is purchased. My "Welsh" ancestors The Reice Bodurtha (Bedortha) family ism listed in the records of Springfield, MA in 1641. After the Indian wars my ancestors were given a land grant in the area now known as Agawam. The exact lands included some or all of the Southgate Shopping center, Castle Hills and land, of equal length, on the opposite sides of Silver Street. We have been living in the area for over 300 years. My interest in the history of Agawam is due to the way older family members, townspeople and teachers told and retold me so many stories of times gone by. Several homes were built in Agawam on the southwest side of Silver and Suffield Street probably somewhere in Geissler's parking lot. At one time a piece of an old house was dragged to the northwest side of the street where it became the kitchen (rear area) of the building known as Irene's Closet. The house i now live in was built sometime after 1850. 1 intend to stay in my house. However, it might need to be demolished. With the acceptance of the new legislation, the town has taken my family's right to sell this property to whomever they choose. Upon the death of my husband and I, our boys would need to subsidize a house that has outlived its usefullness. Is the town of Agawam going to pay the utility bills and exempt them the taxes on my house during the six-month required waiting time? If my lands were commercial, and deemed historical, would the town fathers grant special tax relief because it must be sold to maintain historical integrity? Building a new home on the land we own in back of the present N house which has been the practice of our family for the last 250 years v might be impossibe because a demolition permit might not be granted due to this new proposal. v Should a demolition permit be applied for and a buyer says the house will be reused, we would have to sell to that person. What mechanics are in place to insure the building's permanacy. After the sale, the buyer could decide it would be too expensive to reclaim the building and apply for a demolition permit. Since there was no other Q historical buyer in the second six months, the new buyer could demolish and build two or more great homes on the property, which I now own. I know this is a "what if illustration but again, my heirs would be out real profit because a shrewd buyer knew how to get around the regulation. 7 k y?ow Areftoz.+se LdmrnQ� �zanoC- -r,�y ayre4 w/o AO I bar The Center Fire Station is now being restored. Little remains of the original structure. It was moved, less than 50 years ago. The windows and siding have been replaced. There is an addition on the front to accommodate the longer firetrucks. The are overhead doors now. It was necessary to build onto the back of the existing building in order to meet the codes. If this is an example of what needs to be saved, there are many, many structures in Agawam, which qualify. Wooden framework becomes weak and needs to be taken down for safety. Life goes on. Society flourishes. The Indians made projectile points on a hill that is no longer there. Their area is now Castle Hills. Wigwam Hill is gone and has been carted away. But the people who have chosen to live in Castle Hills appEkiate the change. Woolen cloth was made with waterpower from a lake, which no longer exists. Mill Pond went out in a storm in the 1950's. The factory remains. Will Agawam cover the owner's added expense during the six months mandated waiting time the next time it is sold? I did not see that owners of "Historical Buildings will be given any tax breaks or help to endure the costs of the mandated 6 month wait. I still feel that a landowner has the right to sell the property, which it owns to the person that they wish. I do not feel Town Councils should be able to tell someone that because a commission feels that their home is Historical they must sell it to someone who says that the building will be maintained for Historical Integrity. I do see a chance for a person who has inside information on the business world and the Agawam political set up could use this proposed regulation to their own advantage. Where are the guarentees that the new buyer will not demolish the building? We all know that a fire can destroy a wooden framed building quickly. -?►^a_i Se- Mrs. Minerva Davis should be thanked for she did preserve Agawam's history through her generousity. Her gifts were not legislated. Others have given properties and the town has proceded to sell them. History can be saved; but taking away the rights of landowners seems to me to be the wrong way. Thank you for listening and I hope that you will see the weaknesses in this proposal. I pray this proposal will be rejected immediately. 1 781 335 3283 APR--13-1999 14; 12 FROM WEYMOUTH TOWN HALL TO 14137869927 P.01 Phone. (781) 335-2000 � r Voice &TDD. (781) 3374703 FAX: (781) 335-3283 u email: carke@weymouth.ma.us Town of Weymouth 75 Middle Street F�W Weymouth,MA.02189 Facsimile Cover Sheet Company: A Gavy-A 1 -Pt-VwXW) = Date: J _ _ _ t4 13/gg Attention: J7&BO Zwk Fax 41:1 1.5 Z 7 From Weymouth Office of Planning and Community Development a James F. Clarke, Director of Planning and Community Development O Roderick M. Fuqua, Principal Planner ❑ Elizabeth D. Neil, Community Development Coordinator ❑ Juhn T. Parnaby, Housing Rehabilitation Coordinator ❑ Kate MacDougall, Community Development Planner a Daniel J. Rogers, Housing Planner ❑ Rita M. Lounge, Secretary comments: � � (� � S 0.. C _ ClL r-En t9 O�?a!Q e_„"XnmZ Naft A a. rRyJ Q For your review and cornmmt For your mformadan 0 For your files fl Pre4iminas} 0 For your approval/signaftim ❑ Return for corrections CJ Fur your request 0 Revised Total number of pages including this page is if you do not receive all of the pagers,please concoct Ellen. APR-13-1999 14: 13 FROM WEYMOUTH TOWN HALL TO 14137e69927 P.02 §61.1 BUILDINGS, DEMOLITION OF § 61-2 Chapter 61 BUILDINGS,DEMOLITION OF § 61-1. Purpose. § 01-2. Definitions. §61-3. Annual reporUng of historical properties or significant buildings. §61-4. Procedure. §61-5. Emergency demolition. $ 61-6. Enforcement. IMSTOR.Y: Adopted May 1997 ATM by Art. 39, approved 8.11-1997.Amendments noted where applicable.] cEvIMAL CFS Easarda"materials—see M 83. $ 61-1. Purpose. The purpose of this chapter is to protect the historically or architecturally sigaificant buildings or markers in the town and to encourage owners of such properties to seek out persons who might be willing to purchase, preserve, rehabilitate or restore such buildings and markers rather than demolish them. §61-2. Definitions. The following words used in this chapter, unless the c untexL otherwise requires, shall have the following meanings: COMMISSION — The Wayinouth Historical Commission. 6101 9-90-s7 APR--13-1999 14: 13 FROM WEYMOUTH TOWN HALL TO 14137869927 P.03 § 61-2 WEYMOUTH CODE DEMOLITION— Any act of pulling down, destroying, removing or razing a building or marker, or commencing the work of total or substantial destruction with the intent of completing the same. HISTORICALLY SIGNIFICANT BUILDING OR i STRUCTURE—Any building or portion thereof which: A. In whole or in part was built 100 or more years prior to the date of the application for the demolition permit or is of unknown age; B. Is importantly associated with vie ur mure historic persons or events or with the architectural, cultural, political, economic or social history of the town, the Cunuuuuwealth of Massachusetts or the United States of America;or C. Is historically or architecturally important by reason of period, style, method of building construction or association with a particular architect. either by itself or in the context of a grnup of buildings or structures. PROPERTIES--- Shall include buildings, structures, bridges,historical sites, etc. $61-& Annual reporting of historical properties or s4gtiiificant buildings. A The C==nission shall compile and Sue with the Board of Selectmen, Planning Board, Inspector of Buildings and Board of Public Wanks, on an annual basis, a current list of all known historical proportion currently listed on the National Register of Historic places or properties researched and found by the Commission to be historically or architecturally significant. Said list shall be disseminated to all new owners of historical properties or significant buildings on an annual basis. B. The owner shall have 30 days to appeal said determination by the Commission which shall hold a 6102 9-so-97 APR-13-1999 14: 13 FROM WEYMOUTH TOWN HALL TO 14137869927 P.04 r §61-3 B=INGS, DEMOLITION OF §61.4 public hearing with 14 days' advance written notice to the owner before a final determination is made by the Commission. §61-4. Procedure. A. The Board of Selectmen, FImming Board, the inspector of Buildings and Board of Public Works shall notify the Commi.,sb ua of wiy buaLt projects whicb might result in the demolition of any property that is included on the list. Within seven days after receipt of an application for demolition, the Inspector of Bu2ding6 shall uetify in writing the Historical Commission of said application. B. No demolition permit shall be issued except by the following procedure- (1) Within 30 days upon receipt of the application from the Inspector of Buildlugb, tLe Coixur,iwiva isball conduct a public hearing and shall give public notice thereof by publisbing notice of the time, place and purpose of the hearing in a local newspaper at least 14 days before said hearing and mail by certified mail, with return receipt requested, a copy of said notice to the applicant. (2) If, after such hearing, the Commission determines that the demolitian of the Ripificant building would not be detrimental to the historical or architectural berstage or resources of the town, the Commission shall so notify in writing the Inspector of Ruildings within seven days -of such determination. Upon receipt of such notification or after the expiration of Seven dayr from the date of the conduct of the hearing, if he has not received notification from the Commission,the Inspector of Buildings may,subject to the requirements of the State Building Code and any other applicable laws, bylaws, rules and regulations, issue the demolition permit. 6103 9-20-97 APR-13-1999 14: 14 FROM WEYMOUTH TOWN HALL TO 14137869927 P.05 LI Jl § 61-4 WEYMOUTH CODE $61-4 (3) 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 1! preferably preserved significant building. (4) Upon determination of 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 t` so advise in writing the applicant and the InspectorI of Buildings within seven days of said hearing, and no demolition permit will be issued for six months after the date of such determination by the II Commission. (5) Notwithstanding the preceding sentence, the Inspp.ctor of RniidinFpc may issue a demolition ` permit for a preferably preserved significant building at any time after receipt of written advice from tbp Commission to the?ffect that either: (a) 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 (b) The Commission is satisfied that for six months the owner has made continuing, bona fide and reasonable efforts to locate a purchn-er to preserve, rehabilitate and restore the subject building, and that such efforts have been umucccasful. C. Notwithstanding any, of the foregoing, the Inspector of Buildings shall issue the demolition permit upon expiration of 183 days from the original date of application. 6104 9-20-97 APR-13-1999 14:14 FROM WEYMOUTH TOWN HALL TO 14137669927 P.06 r� § 61.5 BMMINGS, DEMQLMON OF §61-6 61-5. Emergency demolition. Nothing m this bylaw shall restrict the Inspector of Buildings from ordering the demolition of any bolding is the event of an imminent danger to the safety of the public. §61-6. Enforcement. A. The Inspector of Buildings =d the Commission acre authorized to institute any and all actions and proceedings as they may deem necessary and appropriate to obtain compliance with the requirementa of this chapter or to prevent a threatened violation thereof_ B. 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 one year after the date of such demolition. As used herein, 'premises" includes the parcel of land upon which the demolished buildinX was located. 6105 9-20-97 TOTAL P.06 1 1 1 1 1 1 i LOG 1 1 Box # 1 1 DOCUMENT# Q 1 1 PAGE I Oa- 1 1 r