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[Amended 10-18-2025 ATM by Art. 10]
The Demolition Delay Bylaw is enacted for the purpose of preserving and protecting significant buildings and other structures (barns or out-buildings which are generally associated with the significantly historic building) within the Town of Plymouth which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the Town and to limit the detrimental effect of demolition on the character of the Town. Through this bylaw, owners of preferably preserved buildings are encouraged to seek out alternative options that will preserve, rehabilitate or restore such buildings and residents of the Town are alerted to impending demolitions of significant buildings. By preserving and protecting significant buildings, streetscapes and neighborhoods, this bylaw promotes the public welfare by making the Town a more attractive and desirable place in which to live and work. To achieve these purposes, the Plymouth Historic District Commission is authorized to advise the Building Commissioner with respect to demolition permit applications. The issuance of demolition permits is regulated as provided by this bylaw.
[Amended 10-18-2025 ATM by Art. 10]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person or entity who files an application for a demolition permit. If the applicant is not the owner of the premises upon which the building is situated, the owner must indicate on or with the application his/her assent to the filing of the application.
APPLICATION
An application for the demolition of a building.
BUILDING
Any combination of materials forming a shelter for persons, animals, or property.
BUILDING COMMISSIONER
The person occupying the Office of Building Commissioner or otherwise authorized to issue demolition and building permits.
COMMISSION
The Plymouth Historic District Commission.
DEMOLITION
Any act of pulling down, destroying, removing, dismantling or razing a building or a portion of a building or commencing the work of total or substantial destruction.
DEMOLITION PERMIT
Any permit issued by the Building Commissioner for a demolition of a building or portion thereof, excluding a building permit issued solely for the demolition of the interior of a building.
PREFERABLY PRESERVED BUILDING
A building which the Commission has determined, after a public hearing as described herein, to be historically significant to the Town's architectural or historical resources, because of its construction, location or historical use, and which is in the public interest to preserve.
SIGNIFICANT BUILDING
Any building within the Town that is in whole or in part 75 years or more old and which has been determined by the Commission or its designee to be significant based on any of the following criteria:
A. 
The building is listed on, or is within an area listed on, the National Register of Historic Places; or
B. 
The building has been found eligible by a majority vote of the Commission for the National Register of Historic Places; or
C. 
The building is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or the commonwealth; or
D. 
The building is historically or architecturally important (in terms of period, style, method of building construction or association with a recognized architect or builder) either by itself or in the context of a group of buildings.
[Amended 4-8-2024 ATM by Art. 19; 10-18-2025 ATM by Art. 10]
A. 
No demolition permit for a building which is in whole or in part 75 years or more old may be issued without following the provisions of this bylaw. If a building is of unknown age, it shall be assumed that the building is over 75 years old for the purpose of this bylaw.
B. 
An applicant proposing to demolish a significant building subject to this bylaw shall file with the Commission an application containing the following information:
(1) 
The address of the building to be demolished.
(2) 
The owner's name, address and telephone number.
(3) 
A description of the building.
(4) 
The reason for requesting a demolition permit.
(5) 
A brief description of the proposed reconstruction or replacement.
(6) 
A photograph or photographs of the building.
C. 
Upon receipt of the application the Commission shall vote an initial determination within 21 days as to whether the significant building is preferably preserved or not preferably preserved.
D. 
Upon the initial determination by the Commission that the significant building is not preferably preserved, the Commission shall so notify the Building Commissioner and the applicant in writing.
E. 
Upon initial determination by the Commission that the significant building is preferably preserved, the Commission shall so notify the Building Commissioner and the applicant. The applicant shall be notified by certified mail of the right to appear to be heard at a subsequent hearing on a final determination of whether the building is to be preferably preserved. No demolition permit shall be issued at this time.
F. 
If the Commission by an initial determination finds that the building is preferably preserved, it shall hold a public hearing within 30 days of the written notification to the applicant and the Building Commissioner to make a final determination as to whether the significant building is preferably preserved or is not preferably preserved. The Commission shall give public notice of said hearing by publishing notice of the time, place, and purpose of the hearing in a newspaper of general circulation in the Town twice, the first notice to be published at least 14 days before the hearing and the second notice no more than seven days before the hearing, and by mailing a copy of said notice to the applicant, to the owner of the premises on which the significant building is located (if other than the applicant), to the owners of all property within 100 feet of the premises on which the significant building is located as appearing on the most recent tax list, and to such other persons as the Commission may deem entitled to notice.
G. 
The Commission shall make a final determination at the public hearing or within 14 days thereafter the public hearing whether the significant building is preferably preserved or not preferably preserved. If agreed to in writing by the applicant, the determination of the Commission may be postponed for the convenience of the applicant or owner or for additional time necessary to obtain additional pertinent information.
H. 
If the Commission determines that the significant building is not preferably preserved, the Commission shall so notify the Building Commissioner and applicant in writing. If the Commission fails to make such determination within 14 days of the close of the public hearing, the building shall be deemed to be not preferably preserved. The Building Commissioner may then issue the demolition permit.
I. 
Upon a final determination by the Commission that any building which is the subject of an application is preferably preserved, no demolition permit may be issued for a period of 12 months from the date of the final determination unless, prior to the expiration of 12 months, the Commission determines, and so informs the Building Commissioner, that either:
(1) 
The applicant for the demolition permit has made a good faith, but unsuccessful, effort to locate a purchaser or developer for the building who is willing to commit to preserve, rehabilitate or restore the building; or
(2) 
The applicant has agreed with the Commission to a modified scope of demolition or other conditions on a demolition permit.
J. 
No permit for demolition of a building determined to be a preferably preserved building may be granted until all plans for future use and development of the site have been filed with the Building Commissioner and have been found by the Building Commissioner to comply with all laws pertaining to the issuance of a building permit or other permits for that site. All approvals necessary for the issuance of such building permit or other permits, including without limitation any necessary zoning variances or special permits, must be granted, and all appeals from the granting of such approvals must be concluded, prior to the issuance of a demolition permit under this section.
K. 
The Building Commissioner may issue a demolition permit or a building permit for a preferably preserved building within the 12 months if the Commission notifies the Building Commissioner in writing that the Commission finds that the intent and purpose of this bylaw are served even with the issuance of the demolition permit or the building permit.
A. 
The Commission may adopt such rules and regulations as are necessary to administer the terms of this bylaw.
B. 
The Commission is authorized to adopt a schedule of reasonable fees to cover the costs associated with the administration of this bylaw.
C. 
The Commission may delegate authority to make initial determinations of significance to one or more members of the Commission.
If, after an inspection, the Building Commissioner finds that a building subject to this bylaw is found to pose an immediate threat to public health or safety due to its deteriorated condition and that there is no reasonable alternative to the immediate demolition of the building, then the Building Commissioner may issue an emergency demolition permit to the owner of the building. The Building Commissioner shall then prepare a report explaining the condition of the building and the basis for his decision, which shall be forwarded to the Commission with a copy to the owner of the building.
Once a significant building is determined to be preferably preserved, the owner shall be responsible for properly securing the building, if vacant, to the satisfaction of the Building Commissioner. Should the owner fail to so secure the building, a subsequent destruction of the building at any time during the demolition delay period, which destruction could have been prevented by the required security measures, shall be deemed a demolition in violation of this bylaw.
A. 
The Commission and/or the Building Commissioner are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary or appropriate to obtain compliance with the requirements of this bylaw or to prevent a threatened violation thereof. In addition to any other remedy available at law, any owner who violates any provision of this bylaw shall be subject to a penalty of up to $300 per day, each day of violation constituting a separate offense. When enforced pursuant to the provisions of so-called noncriminal prosecution pursuant to MGL c. 40, § 21D, the penalties for violation shall be as follows:
(1) 
First day of violation: $100.
(2) 
Second day of violation: $200.
(3) 
Third and subsequent days of violation: $300.
B. 
If all or a portion of a building subject to this bylaw is demolished without first obtaining a demolition permit, no building permit shall issue for a period of two years from the date of the demolition. Notwithstanding the foregoing, whenever the Commission may, on its own initiative, or on application of the owner, determine that earlier reconstruction, restoration or other remediation of any demolition in violation of this bylaw better serves the intent and purpose of this bylaw, it may, prior to the expiration of said period of two years, authorize issuance of a building permit, upon such conditions as the Commission deems necessary or appropriate to effectuate the purposes of this bylaw.
Following a determination that the building is significant and preferably preserved, the Commission may recommend to Town Meeting that the building be protected through the provisions of MGL c. 40C, the Historic District Act. The steps required under MGL c. 40C shall be followed prior to the establishment of a local historic district. Nothing in this bylaw shall be deemed to conflict with the provisions of the Historic District Act, MGL c. 40C. If any of the provisions of this bylaw do so conflict, that statute shall prevail.
No appeal may be taken from an initial determination that a building is preferably preserved. An appeal by the owner of any building determined to be preferably preserved is governed by the provisions of MG . c. 249, § 4, which provides for an appeal to Superior Court for review of the record of the determination by the Commission.
In case any section, paragraph or part of this bylaw be for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect.