[HISTORY: Adopted by the Town Meeting of the Town of Marshfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-27-2008 ATM by Art. 31 (Art. 87 of the General Bylaws)]
This bylaw is adopted for the intent and purpose of identifying
and protecting the historic and aesthetic qualities of the Town by
preserving, rehabilitating or restoring, whenever possible, buildings,
structures or properties which constitute or reflect distinctive features
of the architectural, aesthetic or historic resources of the Town,
thereby promoting the public welfare and preserving the cultural heritage
of the Town.
For the purpose of this bylaw, the following words and phrases
have the following meanings:
The Marshfield Historical Commission.
The permit issued by the Inspector as required by the State
Building Code for the demolition, partial demolition or removal of
a building or structure.
Any building, structure or property which is in whole or
in part 75 years or more old and has been determined by the Commission
to be significant by virtue of being:
[Amended 4-26-2021 ATM by Art. 12]
Importantly associated with one or more historic persons or
events, or with the architectural, cultural, political, economic or
social history of the Town, the Commonwealth of Massachusetts or the
United States of America; or
Historically or architecturally important by reason of period,
style, method of building construction or association with a particular
architect or builder, either by itself or in the context of a group
of buildings or structures; or
A vista, bridge, stone wall, tree, road marker or sign, or any
other property identified as of aesthetic, architectural, cultural,
political or historical significance by the Commission.
The Marshfield Building Commissioner/Zoning Enforcement Officer
or any other person authorized to issue demolition permits.
[Amended 4-24-2017 ATM
by Art. 10]
A.
The provisions of this bylaw shall apply only to the following buildings,
structures or properties:
(1)
A building, structure or property listed on the National Register
of Historic Places, or the State Register of Historic Places, or the
subject of a pending application for listing on either of said Registers;
or
(2)
A building, structure or property located within 200 feet of the
boundary line of any federal, state or local historic district; or
(3)
A building, structure or property included in the Inventory of the
Historic and Prehistoric Assets of the Commonwealth, or designated
by the Commission for inclusion in said Inventory; or
B.
Notwithstanding the preceding sentence, the provisions of this bylaw
shall not apply to any building, structure or property located in
a local historical district and subject to regulation under the provisions
of MGL c. 40C.
[Amended 4-24-2017 ATM
by Art. 10]
A.
The Inspector shall forward a copy of each demolition permit application
for a building, structure or property to the Commission within seven
days after the filing of such application.
B.
Within 30 days after its receipt of such application, the Commission
shall determine whether the building, structure or property is historically
significant. The applicant for the permit shall be entitled to make
a presentation to the Commission if he or she makes a timely request
to the Commission.
C.
If the Commission determines that the building, structure or property
is not historically significant, it shall so notify the Inspector
and the applicant in writing and the Inspector may issue a demolition
permit.
D.
Within 60 days after the applicant is notified that the Commission
has determined that a building, structure or property is historically
significant, the applicant for the permit shall submit to the Commission
10 copies of a demolition plan which shall include the following information:
(1)
A plot plan or Assessor's map showing the location of the building,
structure or property to be demolished with reference to lot lines
and neighboring building and structures;
(2)
Photographs of all street facade elevations;
(3)
A description of the building, structure or property, or part thereof,
to be demolished;
(4)
The reason for the proposed demolition and data supporting said reason,
including, where applicable, data sufficient to establish any economic
justification for demolition; and
(5)
A brief description of the proposed reuse of the parcel on which
the building, structure or property to be demolished is located.
E.
The Commission shall hold a public hearing with respect to the application
for a demolition permit and shall give public notice of the time,
place and purpose thereof at least 14 days before said hearing in
such a manner as it may determine, and by mailing, postage prepaid,
a copy of said notice to the applicant, to the owners of all adjoining
property and other property deemed by the Commission to be materially
affected thereby as they appear on the most recent real estate tax
list of the Board of Assessors, to the Planning Board, to any person
filing written request for notice of hearings, such request to be
renewed yearly in December, and to such other persons as the Commission
shall deem entitled to notice.
(1)
Within
60 days after its receipt of the demolition plan the Commission shall
file a written report with the Inspector on the demolition plan that
shall include the following:
(2)
The
Commission shall determine that a building, structure, or property
should preferably be preserved only if it finds that the building,
structure or property is a historically significant building, structure
or property which, because of the important contribution made by the
building, structure or property to the Town's historical and/or architectural
resources, it is in the public interest to preserve, rehabilitate
or restore.
F.
If, following the demolition plan review, the Commission does not determine that the building, structure or property should preferably be preserved, or if the Commission fails to file a report with the Inspector within the time limit set out in Subsection E above, the Inspector may issue a demolition permit.
G.
If, following the demolition plan review, the Commission determines
that the building, structure or property should preferably be preserved,
then the Inspector shall not issue a demolition permit for a period
of 12 months from the date of the filing of the Commission's report
unless the Commission informs the Inspector prior to the expiration
of such twelve-month period that it is satisfied that the applicant
for the demolition permit has made a bona fide, reasonable and unsuccessful
effort to locate a purchaser for the building, structure or property
who is willing to preserve, rehabilitate or restore the building,
structure or property, or has agreed to accept a demolition permit
on specified conditions approved by the Commission.
[Amended 4-24-2017 ATM
by Art. 10]
If the condition of the building, structure or property poses a serious and imminent threat to public health or safety due to its deteriorated condition, the owner of such building, structure or property may request the issuance of an emergency demolition permit from the Inspector. As soon as practicable after the receipt of such a request, the Inspector shall arrange to have the property inspected by a board consisting of the Inspector, the Chairpersons of the Commission and the Board of Health and the Chief of the Fire Department, or their respective designees. After inspection of the building, structure or property and consultation with this board, the Inspector shall determine whether the condition of the building, structure or property represents a serious and imminent threat to public health or safety. If the Inspector finds that the condition of the building, structure or property poses a serious and imminent threat to public health or safety, and that there is no reasonable alternative to the immediate issuance of a demolition permit under the provisions of this section, the Inspector shall file a written report describing the condition of the building, structure or property and the basis for the decision to issue an emergency demolition permit with the Commission. Nothing in this section shall be inconsistent with the procedures for the demolition and/or securing of the buildings and structures established by MGL c. 143, §§ 6 to 10. In the event that a Board of Survey is convened under the provisions of MGL c. 143, § 8, with regard to any building, structure or property identified in § 118-3 of this bylaw, the Inspector shall request the Chairperson of the Commission or the Chairperson's designee to accompany the Board of Survey during its inspection. A copy of the written report prepared as a result of such inspection shall be filed with the Commission.
A.
Upon determination that the building, structure or property is considered
a significant building, structure or property the owner shall agree
to preserve the building, structure or property; make a reasonable
bona fide effort to locate a purchaser who is willing to preserve
the building, structure or property; or accept a demolition permit
on specified conditions approved by the Commission.
B.
Upon determination that the building, structure or property is considered
a significant building, structure or property, the owner shall be
responsible for properly securing the building, structure or property,
if vacant, to the satisfaction of the Inspector. If the Commission
determines that the owner failed to so properly secure the building,
structure or property, and if said failure is found to have caused
or allowed a subsequent destruction of the building, structure or
property any time during the twelve-month demolition delay period,
and that said damage could have been prevented by the required security
measures, said destruction shall be considered a demolition and a
violation of this bylaw. The provisions of this section shall not
apply to those significant buildings, structures or property that
were demolished due to fire, collapse, storm or other natural disaster,
provided that fire damage was not the result of arson or other intentional
destruction by the owner or its agents, as determined by the Chief
of the Fire Department or his designee. The owner must notify the
Inspector if an occupied property becomes vacant during the twelve-month
period.
C.
In the instance of eventual demolition of the property the owner
shall allow the Commission access to the building, structure or property
to take photographs, secure samples of wallpaper and paint or generate
any documentation deemed desirable for historical record purposes.
D.
In the instance of approval of the demolition of the property, the
owner shall complete the demolition within two years of the date of
the approval.
[Added 4-26-2021 ATM
by Art. 12]
A.
Except as provided below, whenever a significant building, structure
or property or any portion thereof has been voluntarily demolished
in violation of this bylaw, and for a period of three years after
the completion of such demolition, no building permit shall be issued
with respect to any premises upon which such demolition has occurred.
As used herein, "premises" includes the parcel of land on which the
demolished significant building, structure or property was located.
B.
Notwithstanding the foregoing, whenever the Commission shall, on
its own initiative or on application of the owner, determine that
earlier reconstruction, restoration or other remediation of any demolition
in violation of the bylaw better serves the intent and purpose of
this bylaw, it may, prior to the expiration of said period of three
years, but no sooner than six months from the date of completion of
any demolition in violation of this bylaw, authorize issuance of a
building permit, upon such conditions as the Commission deems necessary
or appropriate to fulfill the purposes of this bylaw, and may so notify
the Inspector.
In case any section, paragraph or part of this bylaw is declared
invalid or unconstitutional by any court of competent jurisdiction,
every other section, paragraph and part of this bylaw shall continue
in full force and effect.
