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Building commissioner ordered emergency demolition after 12 Atlantic deemed unsafe, HDC records show
Summary
A building at 12 Atlantic Street was demolished under an emergency permit after the town’s building commissioner found it unsafe. The Nantucket Historic District Commission discussed the removal, enforcement history and limits of its authority during public comment and a staff update.
The building commissioner declared the structure at 12 Atlantic Street unsafe and issued an emergency demolition order that was carried out before the Historic District Commission could act, the panel was told at its Aug. 26 meeting.
Commission Chair Steven Welch told the commission the structure “had to come down” after the front wall and ceiling collapsed and the building was deemed a hazard to the sidewalk. “It had to come down,” Linda Williams, who represented the property, told the commission at the meeting. Staff confirmed the applicant filed an after-the-fact HDC application to document the historic record.
The commission’s preservation planner, Holly (staff), told members she had issued a minimum-maintenance violation notice and later a citation in August 2021 after failing to get a response from the owner. Holly said she checked with the town clerk and district court and that the normal enforcement path — citation, notice to appear and a district court proceeding — did not proceed in a typical way in 2021. “If the ticket isn’t paid, there is usually a notice to appear generated by the district court,” she said. “In this case, it was not.”
Commissioners pressed staff and each other on why the building was not brought in for enforcement earlier. Several members described the property as long-neglected and of local historic importance: Commissioner Angus said the neighborhood had a history of Black homeowners and that the site was part of a recent survey by Preservation Institute Nantucket. Ray, a long-time resident, said the building “has always looked that way” and described demo-by-neglect as often a result of owners being unable to afford maintenance.
Holly and staff described the limits of the HDC’s enforcement tools. Under town procedure, an HDC minimum-maintenance violation becomes a civil citation; if not paid or resolved, the matter proceeds to the district court, where the Clerk Magistrate or judge may remand matters to the HDC — a process officials said can take months or years. The commission noted the case is complaint-driven and emphasized the need for neighbors to file formal complaints when they see hazardous conditions.
No vote or formal HDC action was possible on the demolished building because, as Welch said, the building inspector’s emergency determination “superseded” the commission’s jurisdiction. Staff said they will complete the HDC file, including photographs and the recent recon survey done by Preservation Institute Nantucket, to preserve the record of the structure.
The commission asked staff to ensure the HDC file documents the house’s history and the recent recon survey; Holly said she will include a more complete history and photographs in the application file. The commission did not reverse or challenge the building commissioner’s emergency action during the meeting.
