Demolition Delay Ordinance

Among other duties, the Newburyport Historical Commission (NHC) is charged with reviewing applications filed under the City’s Demolition Delay Ordinance.   Under this ordinance, any demolition outside the Demolition Control Overlay District or the Downtown Overlay District, or changes to roofline to structures 75 years old or older must be reviewed by the NHC.  Accessory buildings must also be reviewed if they are 100 years old or older.  The purpose of the Ordinance is to protect and preserve structures in the City that reflect distinctive features of the architectural, cultural, political, economic, or social history of Newburyport.

Process

The Demolition Delay Flowchart summarizes the application process.  Upon request for a demolition permit or a permit to change a roof line, an applicant is directed to apply to the NHC using the NHC Demolition Permit Application.  When the Planning Department receives completed application and the filing fee, a public hearing will be scheduled at least 10 days before the hearing and abutters will be notified by mail at least 7 days in advance. At the hearing, the NHC will determine whether or not the structure is historically significant and considered for preservation.  If the NHC determines that a structure is not significant, they may instruct the Building Commissioner to release the demolition and/or building permit.  Applicants are then required to apply for any necessary permits through the Building Department.  If the NHC determines the structure to be historically significant, the applicant will be requested to present their demolition plan to the NHC. The NHC then has two options - they can either notify the Building Commissioner that the demolition/building permit can be released in accordance with the approved Demolition Plan, or deem it “Preferably Preserved” and invoke a one year delay on the issuance of a demoltion and/or building permit.

Occasionally applicants must also apply for permits from other land use boards, such as the Zoning Board or Planning Board.  Applicants may find the process runs more efficiently if they receive their decision from the NHC prior to applying for other permits. If you have any questions during the process, please don't hesitate to ask Planning Department staff.