1986-03-03 to 1986-05-12-ATM-min

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d: (Adjourned Session of the 1986 Annual Town Meeting - April 14, 1986) 26A Article 39. (Article 39 as filed with the Town Clerk, as amended, and as (Cont.) adopted: MOTION: That the General By -Laws of the Town of Lexington be amended by adding a new Article XXXIII thereto entitled (As "PROCEDURE FOR THE DEMOLITION OF HISTORICALLY OR ARCHITECTURALLY SIGNIFICANT BUILDINGS OUTSIDE OF HISTORIC adopted) DISTRICTS" as follows: (Approved Section 1. Intent and Purpose by Atty. Gen., This by -law is enacted for the purpose of preserving and protecting August fig, significant buildings within the Town which are outside Historic 1986) Districts and to encourage owners of such buildings to seek out g g persons who might be willing to purchase, preserve, rehabilitate or restore such buildings rather than demolish them. To achieve these. purposes the Lexington Historical Commission (the "Commission ") is empowered to advise the Building Commissioner with respect to the issuance of permits for demolition of significant buildings. The issuance of demolition permits for significant buildings is regulated as provided in this by -law. Section 2., Definitions 2.1 "Building" - any combination of materials forming a shelter for persons, animals or property. 2.2 "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. 2.3 "Significant building" - any building or portion thereof not within an Historic District but which (a) is listed on, or is within an area listed on, the National Register of Historic Places, or is the subject of i a pending application for listing on said National Register; or (b) is included in the Cultural Resources Inventory prepared by the Commission including those buildings listed for which complete surveys may be pending; or (c) 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 Building Commissioner have been notified, in hand or by certified mail, within ten (10) days of such vote. 2.4 "Commission" - the Lexington Historical Commission. Section 3. Procedure 3.1 Upon receipt of an application for a demolition permit for a significant building the Building Commissioner shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time. 3.2 The Commission shall fix a reasonable time for the hearing on any 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 days before said hearing and also, within seven 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 on the most recent local tax list, to the Lexington Historic Districts Commission and to such other persons as the Commission shall deem entitled to notice. 3.3 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,