[MassHistPres] Brookline partial demo

[Dennis De Witt]

In response to multiple requests  

Here are the three modifications.  The first contains the definition of partial as now modified.  Those changes were made because the building dept had come up with its own interpretation that needed to be corrected.  The rest of the by-law is available on line if needed.  

Dennis De Witt
Brookline

EIGHTEENTH ARTICLE

November 13, 2018 Special Town Meeting 18-1

__________ ARTICLE 18

 
Submitted by: Preservation Commission

To see if the Town will vote to amend Article 5.3 of the Town’s General By-Laws as follows:

(language to be deleted from a section appears in strikethrough, and new language appears in bold underline)

1. Amend Section 5.3.2.h of the Town’s General By-Laws as follows:
h. “Demolition” – (a) the act of pulling down, destroying, removing or razing a Building or a significant portion thereof, by substantially removing or substantially covering one side of the building, or substantially removing or substantially altering the roof, or removing 25% or covering 25% of the exterior walls structure; (ii) moving a Building from its site with no permitted new location for said Building; (iii) in the case of a Building within Section 5.3.5(b), substantially gutting (as defined by the Preservation Commission per section 5.3.14) an interior space that has generally been open to the public and is integral to the historic character of the building; (iv) in the case of a building within Section 5.3.5(b), the systematic removal, effacement, or destruction of the exterior architectural elements which define or contribute to the historic character of the Building, or (v) commencing any of the foregoing work. "Demolition" as used herein shall be deemed to include Demolition by Neglect.

2. Amend Section 5.3.4 by adding the following new Section 5.3.4.d:
d. An application for a Demolition Permit is valid only with respect to the owner(s) of record at the time it is delivered to the Preservation Commission Staff, unless otherwise provided for in this section. In the event a transfer of ownership occurs of a Significant Building, no Demolition Permit shall be issued until the new owner files a new application and complies with the procedures set forth in Section 5.3.3 through Section 5.3.12 An applicant for a Demolition Permit shall certify to the satisfaction of Preservation Commission Staff, immediately prior to its issuance, that there has been no change in ownership subsequent to the delivery of the application to the Preservation Commission Staff, and the Building Commissioner shall not issue a Demolition Permit without Preservation Commission Staff certification or evidence that the applicant intends to take advantage of the exemption listed below in this section. Notwithstanding the forgoing, if the Commission has, pursuant to its discretion in Section 5.3.10, voted to lift a stay based on a design submitted by a previous owner, the Building Commissioner, in conjunction with the Preservation Commission Staff, may approve and issue a Demolition Permit without having the new owner file a new Demolition Permit application for that design.

3. Amend Section 5.3.7 of the Town’s General By-Laws as follows:
Within 20 30 Business Days of an Initial Determination that the building falls into one or more of the categories in Section 5.3.5, the Commission shall review the Application and Initial Determination, without reference to any proposed replacement use or design, at a public hearing with notice given as provided in Section 5.3.12 to determine whether the building is significant as defined in Section 5.3.2.

Or act on anything relative thereto. 
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