05/05/2025 Annual Town Meeting - Laserfiche WebLink

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Notwithstanding the above, the provisions of this Bylaw shall not apply to any building, structure, or site located in a local historic district and subject to regulation under the provisions of MGL c. 40C or the Town of Mashpee's Historic District Bylaw. IV. Procedure. A. Upon receipt of an application for a demolition permit for a building, structure, or site regulated by this Bylaw, the Commissioner shall make an initial determination whether the building or site identified in the application is subject to this Bylaw, and if it is, shall transmit a copy of the application to the Historical Commission. No demolition permit shall be issued at that time. If the Commissioner shall determine in writing that the application is not subject to the Bylaw, the Commissioner may issue a demolition permit. B. Upon receipt of the application by the Commission, the chair of the Commission shall post notice a public hearing of the Commission at which the application shall be heard. The hearing shall take place within 21 days after the receipt of the application from the Commissioner. The Commission shall give public notice of the hearing by publishing at least 14 days before the hearing an announcement in a local newspaper of the time, place, and purpose of the hearing. The Commission shall also mail a copy of said notice to the applicant, to all abutters, to the owner of record (if different from the applicant), to the owners of all properties deemed by the Commission to be affected by the proposed demolition, to the Mashpee Historic District Commission, to the Mashpee Wampanoag Tribal Council Chair and to any others the Commission deems entitled to notice. Said mailings and notice are to be paid for by the applicant. C. If, after a hearing, the Commission determines that the structure is not historically significant or otherwise determines that the proposed demolition of the historically significant building, structure, or site would not be detrimental to the purposes protected by this Bylaw, the Commission shall notify the Commissioner within 7 days of such determination. Upon receipt of such notification, or after the expiration of 8 days from the hearing if the Commissioner has not received such notice, the Commissioner shall, subject to the requirements of the State Building Code and any other applicable laws, Bylaws, rules and regulations, issue the demolition permit. D. If the Commission determines that (1) the building, structure or site is a historically significant structure and that (2) the demolition of this historically significant structure would be detrimental to the historical resources of the Town, such historically significant structure (and its premises) shall be declared a preferably preserved structure. E. Upon a determination by the Commission that the historically significant structure (and its premises) which is the subject of the application for a demolition permit is a preferably preserved structure (and premises), the Commission shall notify the applicant and the Commissioner. Except as provided in Section F, no demolition permit may be issued for at least 18 months after the date of such determination by the Commission, or the issuance of a court decree pursuant to an appeal of such determination, whichever may be later.