[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Article XXVII of the 1973 General
Bylaws, as updated through 2002[1]; amended 5-7-2018 SATM,
Art. 38]
[1]
Editor's Note: This title of this bylaw was
amended 5-11-2005 SATM, Art. 64, to correct a typographical error.
This bylaw is enacted for the purpose of protecting and preserving
significant buildings and/or structures and aesthetic resources within
the Town of Walpole which constitute or reflect distinctive features
of the architectural or historical resources of the Town and to encourage
owners of such buildings and/or structures to seek out alternative
options to preserve, rehabilitate or restore such buildings and/or
structures rather than to demolish them, thereby promoting the public
welfare and preserving the cultural heritage of the Town. To achieve
these purposes the Walpole Historical Commission is authorized to
advise the Inspector with respect to the issuance of permits for the
demolition of significant buildings and/or structures. The issuance
of demolition permits for significant buildings and/or structures
is regulated as provided by this bylaw.
Any person or entity who files an application for a demolition
permit. If the applicant is not the owner of the premises upon which
the building is situated, the owner must indicate on or with the application
his/her assent to the filing of the application.
An application for the demolition of a building.
Any building and/or structure which is at least 100 years
old and:
Importantly associated with one or more historic persons or
events, or with the architectural, cultural, political, economic or
social history of the Town of Walpole, the Commonwealth of Massachusetts,
or the United States of America, or which is
Historically or architecturally important by reason of period,
style, method of construction, or association with a particular architect
or builder, either by itself or in the context of a group of buildings
and/or structures.
In or with good faith; honestly, openly, and sincerely; without
deceit or fraud. Truly; actually; without simulation or pretense.
Innocently; in the attitude of trust and confidence; without notice
of fraud, etc.
Any combination of materials forming a shelter for persons,
animals, or property.
The Walpole Historical Commission.
Any act of pulling down, destroying, removing or razing a
building and/or structure or commencing the work of total or substantial
destruction with the intent of completing the project.
The permit issued by the Inspector as required by the State
Building Code for a demolition, substantial demolition or removal
of a building and/or structure.
The person occupying the office of Building Inspector, or
Building Commissioner, or the person otherwise authorized by the Commissioner
to issue demolition permits.
Any historically significant building and/or structure which,
because of the important contribution made by such building and/or
structure to the Town's historical or architectural resources, is
in the public interest to preserve, rehabilitate, or restore rather
than to demolish.
The parcel of land on which an historically significant building
and/or structure is or was located.
Bridges, dams, towers, stacks, etc.
The provisions of this bylaw shall apply only to the following
buildings and/or structures and:
A.
Buildings and/or structures listed on or within an area 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 said national or state registers.
B.
Buildings and/or structures which were constructed 100 or more years
prior to the date of the application for the demolition permit.
C.
Notwithstanding the above, the provisions of this bylaw shall not
apply to any buildings and/or structures located in a local historic
district and subject to regulation under the provisions of MGL c.
40C.
A.
No permit for the demolition of a building and/or structure which is at least 100 years or more old or listed on or within an area 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 said national or state registers, or otherwise subject to the provisions of this bylaw as provided in § 349-3 herein, shall be issued other than in conformity with the provisions of this bylaw, as well as in conformity with the provisions of other laws applicable to the demolition of buildings and/or structures and issuance of permits generally.
B.
Every application for a demolition permit for a building and/or structure at least 100 years or more old or listed on or within an area 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 said national or state registers, or otherwise subject to the provisions of this bylaw as set forth in § 349-3 herein, shall be filed with the Inspector and shall contain the following information: (i) the address of the Building and/or Structure to be demolished, (ii) the owner's name, address and telephone number, (iii) a brief description of the type of the building and/or structure and the condition requiring issuance of the permit, (iv) the date of the building and/or structure as established by the Board of Assessors, deed or documentation verifying year of construction and (v) a brief description of the proposed reuse, reconstruction or replacement on the premises upon which the building and/or structure is located.
C.
Within five working days from receipt of a completed application
for a demolition permit of a building and/or structure 100 years or
older, the Inspector shall forward a copy to the Commission. No demolition
permit shall be issued during this time.
D.
Within 15 working days after receipt of the completed application
for a demolition permit by the Commission, the Commission shall make
a Determination of Architectural and/or Historical Significance; provided,
however that the applicant and the Commission, may agree in writing
to delay the deadline for making the Determination. Upon determination
by the Commission that the building and/or structure is not architecturally
and/or historically significant, the Commission shall so notify the
Inspector in writing. Upon receipt of such notification, or after
the expiration of 20 working days from the date of submission to the
Commission, if the Inspector has not received notification from the
Commission, the Inspector may issue the demolition permit.
E.
Upon a determination by the Commission that the building and/or structure
is historically and/or architecturally significant, the Inspector
and the applicant shall be so notified in writing, and a demolition
permit shall not be issued. The Commission shall hold a public hearing
within 20 working days of the Determination of Significance to determine
whether the building and/or structure should be preferably preserved.
Public notice of the time, place and purpose of the hearing shall
be published by the Inspector at the expense of the applicant in a
newspaper of general circulation in the Town not less than seven days
before the day of said hearing and shall be posted in a conspicuous
place in the Town Hall for a period of not less than seven days before
the day of said hearing.
F.
If, after a public hearing, the Commission determines that the significant
building and/or structure should not be preferably preserved, the
Commission shall notify the Inspector, in writing, within five working
days of the hearing and the Inspector may issue a demolition permit
upon receipt of the written decision or after the expiration of five
working days of the hearing if the Inspector has not received notification
from the Commission, subject to the requirements of the State Building
Code and any other applicable laws, bylaws, rules and regulations.
G.
If, after a public hearing, the Commission determines that the significant building and/or structure should be preferably preserved, the Commission shall so notify the Inspector, in writing, within five working days of the hearing, and no demolition permit may be issued until 12 months from the date of the determination by the Commission unless otherwise agreed to by the Commission in accordance with § 349-5.
Notwithstanding anything contained in § 349-4G, the Inspector may issue a demolition permit for a preferably preserved building and/or structure at any time after receipt of written advice from the Commission to the effect that the Commission is satisfied with either of the following:
A.
There is no reasonable likelihood that either the owner or some other
person or group is willing to purchase, preserve, rehabilitate, or
restore such building and/or structure.
B.
For at least 12 months the owner has made continuing, bona fide,
and reasonable efforts to locate a purchaser to preserve, rehabilitate,
or restore such building and/or structure, and that such efforts have
been unsuccessful.
It shall be the responsibility of the owner of record or his
designee to assist in the facilitation of the above process by providing
information, allowing access to the property and securing the premises,
for participating in the investigation of preservation options and
for actively cooperating in seeking alternatives with the Commission
and any interested parties.
The Commission may adopt such rules and regulations as are necessary
to administer the terms of this bylaw. The Commission is authorized
to adopt a schedule of reasonable fees to cover the costs associated
with the administration of this bylaw. The Commission may delegate
authority to make initial determinations of significance to one or
more members of the Commission.
[Ameneded 10-21-2019 FATM, Art. 20]
Nothing in this bylaw shall restrict the Inspector from immediately
ordering the demolition of any building and/or structure upon the
written request of the owner in the event of imminent danger to the
safety of the public. Nor shall this bylaw be construed as derogating
from the authority of the Inspector to act pursuant to MGL c. 143,
the authority of the Board of Health to act pursuant to MGL c. 111,
§ 127B, or 105 CMR 420.831-420.960 or from the authority
of the Select Board to act pursuant to MGL c. 139.
The Commission and/or the Inspector are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this bylaw or to prevent a threatened violation thereof or to require restoration of the premises to their condition prior to a violation of this bylaw. Any owner of a building subject to this bylaw that demolished the building without first obtaining a demolition permit in accordance with the provisions of this bylaw shall be subject to a fine of not more than $300. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission. If enforced through noncriminal disposition in accordance with M.G.L. c. 40, § 21D and Section 295-4 of the Town Bylaws, the fine shall be $300. If a building subject to this bylaw is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the Commission.
If any section, paragraph, or part of this bylaw be, for any
reason, declared invalid or unconstitutional by any court, every other
section, paragraph, and part shall continue in full force and effect.
