Demolition Delay By-Law

ONLINE DEMOLITION DELAY REVIEW APPLICATION - CLICK HERE

Demolition Delay Review Process and Instructions

Overview and Summary of Changes to By-Law

The Demolition Delay By-law was originally passed in 2009 as a response to the loss of several historic properties in town.  It's purpose is to, whenever possible,  protect and preserve buildings and structures within our Mendon community that reflect or constitute distinctive features of the architectural, cultural, economic, political or social history of the Town.  The intent of the bylaw is not to permanently prevent demolition but rather to provide an opportunity for a pause to discuss possible preservation solutions for properties threatened with demolition. The Mendon Historical Commission is responsible for ensuring that when possible and within reason, with respect to the rights of the property owners, every attempt is made to preserve properties that are considered “significant” in demonstrating the historic character of what was once a community strongly rooted in farming and agriculture.

In 2022 the Commission proposed several amendments to the by-law.  These changes include increasing the length of the delay period from 6 months to 9 months, streamlining and clarifying the whole process, and creating a new system for reviewing proposed demolitions and exempting non-historically significant properties from review. 

Under the old by-law ANY proposed demolition, regardless of age, requires review by the commission.  With these updates only "regulated buildings or structures" will be subject to the review process.  These will include any property on a national, state or local historic register or district and any building or structure listed on a local Historic Resource Inventory.  Essentially the Commission will create a list of buildings or structures they feel meet the criteria of historically significant and only those properties will be subject to further review.  Initially this list will consist of all buildings constructed before 1950.  The proposed changes set out a process for removals or additions to this list upon request for review. The town has transitioned to an online permitting system, Viewpoint.  Using this system we are able to flag properties and expedite the review process and these changes are designed to take advantage of this more modern approach.  You can read more about this inventory and the process for inclusion and removal below.  

Another change was the process.  The old by-law included a complicated 2 phased approach to reviewing proposed demolitions.  The commission had to meet to determine if the building was significant, and then meet again to hold a hearing.  The new changes will eliminate the first step since a building or structure's inclusion on the resource list will trigger the requirement for a hearing.  If a building or structure is not on the list, it is not subject to review and the proposed demolition can proceed.  

The new changes extended the potential demolition delay period from 6 months to 9 months.  This is more in line with the other 160 towns who have enacted demolition delay by-laws.  A property's inclusion on the historic resource list does not automatically subject it to a delay. The Commission has the option to impose the delay after a public hearing.  The purpose of a delay is not punitive.  It is intended to allow time to explore alternatives to demolition. Since 2009 the commission has only enacted 3 delays.  Two of them were rescinded within a few months when it was clear there was no further purpose to the delay.  Only one was successful, Miscoe Springs and the developer on the Sylvan Springs is working with town on an adaptive reuse project. 

Another small change is clarifying timelines, once demolition approval is given it is valid for up to 2 years. The current by-law was silent on that issue and caused some confusion in recent times. 

This proposed amendment has been several years in the making.  We have listed to the feedback from the community and over the last year we worked with the Select Board and Town Council to ensure this by-law was truly addressing the issues at hand without being too broad in scope.  The intent of the bylaw is not to permanently prevent demolition but rather to provide an opportunity for a pause to discuss possible preservation solutions for properties threatened with demolition.  These amendments correct several shortcomings in the current by-law, better protect significant properties, and streamline the process for property owners.

Applicability

The 2022 revision to the by-laws specifies that only a "Regulated Building or Structure" shall be subject to the provisions of the demolition delay by-law. A Regulated building or structure is defined as follows:

1. A building or structure listed on the National Register of Historic Places, the State Register of Historic Places, or the subject of a pending application for listings on either of said Registers;
2. A building or structure listed in any federal, state, or local historic district;
3. A building or structure included in the Historical Resource Inventory issued by the Historical Commission

Any proposed demolition of a Regulated Building or Structure shall require a demolition delay review hearing before a demolition permit can be issued by the Building Department. See below section "Demolition Delay Review Application Process"    

Historic Resource Inventory

The Historic Commission shall maintain a Historic Resource Inventory. This document shall include all historically significant buildings or structures within the Town. Upon the acceptance of this by-law an initial Historic Resource Inventory shall be created consisting of all buildings, structures in Mendon built in whole or in part prior to 1950.  The by-law sets forth a process to review any addition or deletion from this inventory.  Requests for additions or removals to the Historic Resource Inventory should be submitted in writing to the Commission.  They can be submitted online HERE.  Any change to the Inventory requires a public hearing.  Notice of hearings will be posted with at least fourteen (14) days notice, on the town's website, advertised in a local newspaper, and mailed to all abutters within 300 ft.  

Annual Review: The Commission shall hold an annual hearing to consider any proposed changes.  The date of the next hearing will be in December 2023  Any request received on or before 11/1/2023 will be considered at this hearing. There will be no cost for this hearing.  

Petition for Review: At any time, any interested party may petition the Commission to hold a hearing to consider a proposed modification, inclusion, or removal to the Inventory.  The cost of said hearing will be borne by the applicant.

The Commission shall not be required to re-consider a specific building or structure more than once every two years. 

Criteria for inclusion in Inventory:

The Historical Commission shall determine whether a building or structure is historically significant at an open meeting of the Commission. The Historical Commission shall consider the following criteria when deciding if a building is historically significant and warrants further preservation:

1. Any building or structure, or portion thereof, within the Town which is in whole or in part seventy-five (75) or more years old or is of unknown age;
2. The building or structure is associated with events or activities that have made a significant contribution to the history of Mendon, the Commonwealth of Massachusetts, or the United States;
3. The building or structure is associated with the life or lives of persons significant in the history of Mendon, the Commonwealth of Massachusetts, or the United States;
4. The building or structure embodies, either by itself or in context with a group of buildings or structures, distinctive characteristics of a type, period, or method of construction, or that represents the work of a master, or that possesses notable architectural values or qualities.

Demolition Delay Review Application Process

1. Applicant fills in application and submits to the Town Clerk’s Office or electronically.

   1. The Town Clerk shall timestamp the receipt of the application and forward the application (within 5 business days of receipt) to the Historical Commission.   
   2. All building permit applications are screened to determine if the involve a Regulated Building or Structure
2. At the next scheduled meeting of the Historic Commission after receipt of a completed application, but no later than sixty (60) days from receipt the Commission shall conduct a public hearing. 
   1. Public notice of the hearing shall be posted to the town's website and advertised in a local newspaper at least 10 days prior to the hearing date. 
   2. Notice of the hearing shall be mailed to all abutters within a 300ft radius within 5 days of the hearing. 
   3. All mailing and advertising costs shall be the responsibility of the applicant. 
3. At the hearing the Commission shall determine if the building or structure shall be preferably preserved and weather a demolition delay will be imposed. 
   1. The Commission can impose a delay of up to nine (9) months before a demolition permit can be issued. 
   2. If the Commission finds the building or structure is not preferably preserved or not worthy of further preservation attempts, they will notify the Building Department and a building permit allowing demolition may be issued. (Applicants must apply to the Building Department for the actual Demolition Permit - LINK)
4. The Commission reserves the right to request that a photographic survey of the exterior of the building or structure (and interior with the consent of the property owner) be conducted during the demolition delay period. This survey shall be undertaken at the expense of the Commission. The survey will be used to document the historical nature of the property.
5. Demolition Delay Approvals shall expire two (2) years from the date of conclusion of the demolition delay hearing. If a Demolition Permit has not been issued in that time the process will restart with a new hearing required.

 ONLINE DEMOLITION DELAY REVIEW APPLICATION - VIEWPOINT

Paper PDF Form

CHAPTER XXXIII - Demolition Delay By-Law

as revised at the 5/6/22 Annual Town Meeting

Section 1. Purpose.

The purpose of this by-law is to protect and preserve buildings and structures within Mendon which reflect or constitute distinctive features of the architectural, cultural, economic, political or social history of the Town. The intent of the by-law is not to permanently prevent demolition but rather to provide an opportunity to develop preservation solutions for properties threatened with demolition.

To achieve these purposes, the issuance of demolition permits for buildings and structures is regulated as provided below.

Section 2. Definitions.

Section 3. Regulated Building or Structure

                The provisions of this by-law shall apply only to the following buildings or structures (and the architectural elements thereof) which shall be known for the purposes of this by-law as “Regulated Buildings or Structures”.

1. A building or structure listed on the National Register of Historic Places, the State Register of Historic Places, or the subject of a pending application for listings on either of said Registers;

1. A building or structure listed in any federal, state, or local historic district;

1. A building or structure included in the Historical Resource Inventory issued by the Historical Commission as described in section 3.1 below.

Section 3.1 Historic Resource Inventory

The Historic Commission shall maintain a Historic Resource Inventory.  This document shall include all historically significant buildings or structures within the Town.  Upon the acceptance of this by-law an initial Historic Resource Inventory shall be created consisting of all buildings, structures in Mendon built in whole or in part prior to 1950. 

The Commission shall maintain a public listing of the current Historical Resource Inventory on its website and provide an electronic or hard copy to any interested party upon request.

Any subsequent modifications of this inventory shall be in accordance with the following procedures:

3.1.1 – Procedure for modifying the Historic Resource Inventory

1. Any proposal to add or remove a specific building, structure, property, or district in the Historical Resource Inventory, or to modify any existing listing shall be considered at a public hearing.
2. The Commission shall provide public notice of any such hearing by publishing the time, place and purpose of the hearing in a local newspaper at least fourteen (14) days before said hearing and also, within fourteen (14) days of said hearing, mail a copy of said notice to the applicant, the property owner (if the applicant is a non-owner), and to any abutter within a 300ft radius to the  property.
3. When making their determination, the Commission shall reference the four criteria listed above as defining a historically significant building or structure
4. If the Commission finds a building or structure is Historically Significant, it shall be included in the Historic Resource Inventory, if not the building or structure shall not be included in the Inventory.  
5. Notice of the Commission’s determination shall be mailed to the property owner within 14 days of the conclusion of the hearing and a copy shall be filed with the Building Commissioner
6. The Commission shall review the Historical Resource Inventory on an annual basis.  The expense of this general hearing shall be borne by the Commission.
7. Any interested party may petition the Historic Commission to hold a hearing to request the inclusion, modification, or removal of a specific building or structure listed in the Historic Resource Inventory.
   1. Any petition for removal from the Inventory must come from the property owner or their agent.
   2. The expense of publishing the hearing notice and the mailing of notices shall be borne by the applicant.
   3. The Commission shall not be required to re-consider a specific building or structure more than once every two years. 

Section 4 – Demolition Delay Review Process

Section 4.1 – Application

                All applications for a Demolition Delay Permit shall be submitted on a form prepared by the Commission, signed by the property owner or his/her authorized agent or representative and shall include the following:

1. A map showing the location of the building or structure to be demolished on the property and with reference to neighboring properties;
2. Photographs of all sides of the exterior of the building or structure;
3. A description of the building or structure, or part thereof to be demolished;
4. The reason for the proposed demolition, Data supporting this reason and any data sufficient to establish any economic justification for demolition;
5. A proposed timeline for the demolition and re-use of the property

Section 4.2 – Demolition Delay Review Application Process

Any person wishing to demolish a Regulated Building or Structure shall apply to the Commission for Demolition Delay Review.  Applications shall be submitted electronically in the Town’s online permitting system.  In the case of a paper application, it shall be submitted to the Building Department, and they shall timestamp receipt thereof and forward said application to the Historical Commission within five (5) days of receipt thereof. 

 Prior to issuing a building permit for demolition, the Building Department shall forward a copy of any such building permit application to the Commission within five (5) days of receipt thereof.

The Commission shall inform the Building Department whether the building permit application involves a building or structure subject to the provisions of this by-law.  If the Commission does not notify the Building Department within five (5) days that a demolition Delay Hearing is required for the proposed work, the Building Department may issue a building permit.   

Section 4.2 – Demolition Delay Hearing

At the next scheduled meeting of the Commission after receipt of a complete demolition permit application, but no later than sixty (60) days therefrom, unless the applicant grants the Commission additional time to conduct such hearing in writing, the Commission shall schedule a public hearing on the application.  The Commission shall give public notice of the hearing by publishing the time, place and purpose of the hearing in a local newspaper at least ten (10) days before said hearing and also, within five (5) days of said hearing, mail a copy of said notice to the applicant, the property owner (if the applicant is a non-owner), to owners of all adjoining property within a 300ft radius, The expense of publishing the hearing notice and the mailing to all such persons shall be borne by the applicant.

At the conclusion of the hearing, the majority of the members present shall vote to determine if the building or structure shall be preferably preserved, and whether a demolition delay will be imposed. 

Section 4.3 – Disposition of Demolition Delay Hearing

Within five (5) days from the conclusion of a hearing, the Commission shall file a written Demolition Delay Report setting forth the Commission’s determination with the Building Commissioner.

If the building or structure or part thereof is not determined to be preferably preserved or if the Commission fails to file its report with the Building Commissioner within the time period set forth above, then the Building Commissioner may issue a demolition permit.

If the Commission determines that the building or structure shall be preferably preserved, it may impose a demolition delay of up to nine (9) months from the conclusion of the hearing.  Written notice of the Commission’s determination and any period of delay imposed shall be mailed promptly to the applicant and property owner (if applicable), and a copy thereof shall be furnished to the Building Commissioner who shall not issue a demolition permit during the period specified therein. However, such permit may be issued prior to the end of such period if the Commission notifies the Building Commissioner that the applicant and property owner (if applicable)

1. has/have made a bona fide, reasonable, and unsuccessful effort to locate a purchaser for the building or structure who has agreed to preserve, rehabilitate, restore, or relocate the same, or
2. has/have agreed to alternatives to demolition or has agreed to accept a demolition permit on specified conditions approved by the Commission.

Section 4.4 – Photographic Survey

The Commission reserves the right to request that a photographic survey of the exterior of the building or structure (and interior with the consent of the property owner) be conducted during the demolition delay period.  This survey shall be undertaken at the expense of the Commission.  The survey will be used to document the historical nature of the property.

Section 4.5 - Fees

The Historical Commission may establish a reasonable filing fee for Demolition Delay Review Applications. In no case shall the fee be more than 150% of the actual costs for publishing the hearing notice and the mailing of notices as outlined above.  

Section 4.5 - Expiration of Demolition Delay Approvals

            Demolition Delay Approvals shall expire two (2) years from the date of conclusion of the demolition delay hearing.  If a Demolition Permit has not been issued in that time the process will restart with a new hearing required.

Section 6. Responsibilities of the Owner and the Commission

Once a building or structure has been determined to be a preferably preserved building or structure, the owner shall be responsible for properly securing the building or structure, if vacant, to the satisfaction of the Building Commissioner. All windows and doors shall remain intact, and the building or structure shall be secured to prevent entry of persons, animals, or water.  Should the owner fail to secure the building or structure, a subsequent destruction of the building or structure, or part thereof, at any time during the demolition delay period, which destruction could have been prevented by the required security measures, shall be considered a violation of this by-law.

During the demolition delay period, the applicant shall make a good faith effort to find an alternative use for the building that will result in its preservation.  Alternatives to demolition include, but are not limited to, incorporation of the building into the future development of the site; adaptive reuse of the building; utilization of financial incentives to rehabilitate the building; restore or rehabilitate the building; or moving or relocating the building.

Section 7. Demolition by Neglect

If there is reason to believe, through visual inspection or other means, that a Regulated Building or Structure is undergoing potential demolition by neglect, it should be reported to the Historical Commission who will, in turn, make a report to the Building Commission and/or Board of Health to investigate and make a determination.

Section 8. Emergency Demolition

Notwithstanding the above provisions, the Building Commissioner may issue a demolition permit at any time in the event of imminent and substantial danger to the health or safety of the public due to deteriorating conditions. Prior to doing so, the Building Commissioner and a member of the Commission shall inspect the building.  The Building Commissioner shall document, in writing, the findings and reasons requiring an emergency demolition, a copy of which shall be forwarded immediately to the Commission. Before allowing emergency demolition, the Building Commissioner shall inform the Historic Commission of their intention to allow demolition before they issue a permit for emergency demolition.

No provision of this by-law is intended to conflict with or abridge any obligations or rights conferred by any law, including, but not limited to, Massachusetts General Laws, Chapter 143 regarding removal or demolition of dangerous or abandoned structures.  In the event of a conflict, the applicable provisions of Chapter 143 shall control.

Section 9.  Non-Compliance and Enforcement

Any owner of a building or structure or part thereof demolished without first obtaining a demolition permit in accordance with the provisions of this by-law shall be subject to a fine of up to $300 per day. Each day the violation exists shall constitute a separate offense until the faithful restoration of the demolished building is completed to the satisfaction of the Commission or a period of two (2) years has elapsed, whichever is sooner.  Such fines may be imposed in accordance with the non-criminal disposition procedures set forth in M.G.L. c. 40, § 21D.

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 by-law for a period of two (2) years after the date of the completion of such demolition, whichever date is later; unless said permit is directly related to the restoration of the demolished building.

Notwithstanding the foregoing, whenever the Commission shall, on its own initiative, or on application of the landowner, determine that earlier reconstruction, restoration or other remediation of any demolition in violation of this by-law better serves the intent and purpose of this by-law, it may, prior to the expiration of said two (2) year period, authorize issuance of a building permit, upon such conditions as the Commission deems necessary or appropriate to effectuate the purposes of this by-law, and may so notify the Building Commissioner.

As used herein, "premises" refers to the parcel of land upon which the demolished historically significant building or structure was located.

Section 10. Severability

If any section, paragraph, or part of this by-law is for any reason declared invalid or unconstitutional, every other section, paragraph and part shall continue in full force and effect.