Demolition and moving a building

Fruit Street Historic District Commission decides

No demolition permit issues in the district without a certificate. Before any building or demolition permit, you need one of three certificates: of appropriateness (the work suits the district), of non-applicability (nothing reviewable is involved), or of hardship. The Commission decides within 14 days whether the work is reviewable, holds a hearing within 45 days, and decides within 60 days of filing; if it doesn’t act in time, a certificate of hardship issues automatically. It looks only at what can be seen from a public street, park or the river, never at interiors.

Code ch. 16 §16-2; Code ch. 16 §§16-6–16-8; M.G.L. c. 40C

Design guidelines guidance

The 2008 guidelines presume a building stays; a replacement must be approved before the demolition, with documentation and a technical report on the building’s condition.

Code ch. 16 §§16-6–16-8; M.G.L. c. 40C

Historical Commission unclear

Whether the citywide demolition delay also applies inside the Fruit Street district is not settled by either ordinance: chapter 16 requires a certificate before any demolition permit, and the delay ordinance has no carve-out for the district. Ask the Zoning Administrator.

§5-308(A)–(G); ch. 2 §2-103; Zoning §XXVII-C.3 and §XXVIII-C.3 (the carve-outs); Code ch. 16 §§16-6–16-8; M.G.L. c. 40C

Planning Board decides

Demolition of a historic building downtown, or moving it, needs a Downtown Overlay special permit, granted only on findings that the building has no substantial market value or reasonable use left, with a conditions report and appraisal that can’t be waived. Taking off a historic feature (a cornice, a storefront, a porch) is reviewed too: keep and repair it if reasonably feasible, otherwise replace it in kind. Documentation goes to the Historical Commission at least 30 days before applying.

Zoning §XXVII-D.8, §XXVII-F.7; §XXVIII-D.3, §XXVIII-E.7; Zoning §XXVII-D.5–6; §XXVIII-D.1–2; DCOD demolition diagrams (Apr 8, 2022); Zoning §XXVII-D.3, 7, 9; Zoning §XXVII-C, E, F; §X-H.7–8; Zoning §XXVII-F.4.b–c, F.5.a.iii; ch. 2 §2-104

Historical Commission only if excluded

The demolition delay ordinance doesn’t apply downtown, except to work the Zoning Administrator has excluded from downtown review: a non-historic building 75 or more years old, for example, still goes to the Commission.

§5-308(A)–(G); ch. 2 §2-103; Zoning §XXVII-C.3 and §XXVIII-C.3 (the carve-outs); Zoning §XXVII-C.3, §XXVII-E; §X-H.5

Zoning Board of Appeals decides

For a building that was contributing in 1984 (or is individually listed), removing more than 25% of its exterior walls, counted together since April 2014 and including walls enclosed by additions or openings filled in, or moving it, needs a DCOD special permit before any demolition permit. Demolition is “generally prohibited”: the Board may grant it only on findings that the building has no substantial market value or reasonable use left, taking into account the cost of bringing it up to code. You pay for a conditions report by a preservation professional and an appraisal, and give the Historical Commission photographs, inventory forms and plans at least 21 days before applying; the Commission may report to the Board within 20 days.

Zoning §XXVII-D.8, §XXVII-F.7; §XXVIII-D.3, §XXVIII-E.7; Zoning §XXVII-D.5–6; §XXVIII-D.1–2; DCOD demolition diagrams (Apr 8, 2022); Zoning §XXVIII-E.1–6; special permit criteria §X-H.7; procedure §X-H.8; Zoning §XXVIII-E.4; ch. 2 §2-104

Historical Commission decides whether to delay

Roofline changes stay with the Historical Commission, contributing or not. On a building 75 or more years old (100 for an accessory building), any change to the roofline counts as demolition under the demolition delay ordinance, even if no wall comes down: a change of pitch or ridge, adding or removing a tower or cupola, a dormer that misses the setback rules below, or anything without a roof (a deck, a widow’s walk, a chimney, a railing) that rises above the roof or sits within 3 feet of the edge of a flat roof. Hearing within 30 days; a delay of up to 18 months if the Commission finds the building preferably preserved.

§5-307; Zoning §XXVIII-C.3; art. X

Historical Commission decides whether to delay

For a building not contributing in 1984 the DCOD special permit doesn’t apply; the ordinary demolition delay does. If the building is 75 or more years old (in whole or in part; 100 for a garage, barn or other accessory building), listed on the National Register, or designated by the Commission, the demolition delay ordinance counts as “demolition”: removing or altering more than 25% of its exterior walls, any change to the roofline, moving it on its lot, or moving it off. That work needs a Commission hearing, held within 30 days of a complete application. If the Commission finds the building “preferably preserved” it can delay the demolition permit for up to 18 months; it cannot refuse it outright.

Code of Ordinances ch. 5 art. X §5-307; §5-307; Zoning §XXVIII-C.3, E; art. X

Historical Commission decides whether to delay

If the building is 75 or more years old (in whole or in part; 100 for a garage, barn or other accessory building), listed on the National Register, or designated by the Commission, the demolition delay ordinance counts as “demolition”: removing or altering more than 25% of its exterior walls, any change to the roofline, moving it on its lot, or moving it off. That work needs a Commission hearing, held within 30 days of a complete application. If the Commission finds the building “preferably preserved” it can delay the demolition permit for up to 18 months; it cannot refuse it outright.

Code of Ordinances ch. 5 art. X §5-307; §5-307; §5-308(A)–(G); ch. 2 §2-103; Zoning §XXVII-C.3 and §XXVIII-C.3 (the carve-outs)

Historical Commission how it runs

The Zoning Administrator issues a zoning determination and directs you to file the Commission’s demolition application online, with photographs of every street side, plans of what is to be removed and what will replace it, and a structural engineer’s report if you say the building is unsound. The hearing is noticed to abutters within 300 feet. During a delay you can come back with an amended plan as often as you like; the Commission can release the building early if you have tried in good faith to find a buyer who would keep it, or accept conditions. After the delay you have six months to act on the permit.

§5-308(A); Flowchart; §5-308(A)–(G); ch. 2 §2-103; Zoning §XXVII-C.3 and §XXVIII-C.3 (the carve-outs); §5-308(G); §5-308(G)(3)

Zoning Administrator determines

A part of the building documented as younger than 75 years can be removed without Commission review, on a written determination.

§5-307; §5-307 exclusion (ii)