[HISTORY: Adopted by the Annual Town Meeting of the Town
of Stoughton 5-4-2009, Art. 46. Amendments noted where applicable.]
This bylaw is adopted for the purpose of protecting and preserving
significant buildings and structures, which constitute or reflect
distinctive features of the history, architecture, landscape, and/or
the character of the Town of Stoughton. Through this bylaw the Town
desires to encourage owners, and others, to preserve, rehabilitate,
or restore such significant buildings and structures rather than demolishing,
removing or relocating them. To achieve these purposes, the Stoughton
Historical Commission is empowered to advise the Stoughton Building
Inspector concerning the issuance for demolition, removal, or relocation
of significant buildings and structures as provided in this bylaw.
For the purpose of this bylaw, the following words and phrases
shall have the following meanings:
Any structure used or intended for supporting or sheltering
any use or occupancy.
Stoughton Building Inspector.
The Stoughton Historical Commission.
The act of substantially or totally pulling down, destroying,
removing, or razing a building or structure, or commencing the work
of total or substantial destruction with the intent of completing
same.
The permit issued by the Building Commissioner as required
by the State Building Code for the demolition, or partial demolition
or removal of a building or structure from its lot, or the moving
of the building or structure on its lot.
Any building or structure which 1) is associated with one
or more historic/prominent persons or events; 2) is associated with
the architectural, cultural, economic, political or social history
of the Town of Stoughton, the Commonwealth of Massachusetts and/or
the United States of America; 3) embodies the distinctive characteristics
of a type, period, style and method of building construction, or represents
the work of a particular architect or building, either by itself or
in the context of a group of buildings or structures.
To transfer a structure from its existing location.
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or maintained at a fixed location and placed permanently or
temporarily in or on the ground.
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The provisions of this bylaw shall apply only to the following
buildings and structures:
A.
Any building(s) or structure(s) listed on, or which is the subject
of a pending application for inclusion on, the National Register of
Historic Places or the Massachusetts State Register of Historic Places;
or
B.
Any building or structure which, in whole or part, was built in the
calendar year 75 years prior to the calendar year in which demolition
permit is requested. The age of the buildings shall first be determined
by poll tax records and/or property tax records.
A.
Application. The Commissioner shall forward a copy of each demolition permit application for a building or structure identified in this bylaw § 77-3 to the Chairman of the Historical Commission within seven business days of the filing of such applications and shall notify the applicant that their application falls under the regulations of this bylaw.
B.
Historically significant determination.
(1)
Within 45 days of receipt of the demolition permit application by
the Chairman of the Historical Commission, the Commission shall hold
a public meeting to hear and collect information and evidence to determine
whether the building or structure is historically significant. The
applicant for the permit shall be notified in writing at least seven
days prior to the public meeting.
(2)
At least five business days prior to the public meeting, the applicant
shall provide to the Commission three sets of photographs showing
all sides of the building(s) or structure(s), and three copies of
a plot plan of the property.
(3)
The public meeting shall consist of a discussion of the proposed
demolition of the building(s) and/or structure(s). A site visit with
the Commission and landowner may also occur, if deemed appropriate
by the Chairperson or Commission.
(4)
If the Commission determines that the building(s) or structure(s)
is/are not historically significant, the Commission shall notify the
Building Inspector, Town Clerk, and applicant of its decision, including
the reasons for such a determination, and the Building Inspector may
issue a demolition permit.
(5)
If the Commission fails to notify the Building Inspector of its determination
within 10 days after the public meeting, the building(s) or structure(s)
shall be deemed not historically significant and the Building Inspector
may issue a demolition permit.
(6)
Is/are historically significant, the Commission shall notify the
Building Inspector, Town Clerk, and applicant in writing of its determination
and the reason therefor.
C.
Historically significant building or structure demolition/removal
plan review. After the Commission's determination that a building(s)
or structure(s) is/are historically significant, the applicant for
the demolition permit shall submit to the Commission 10 copies of
a demolition/removal plan that includes the following information:
(1)
A plot plan sufficient to show the location of the building(s) or
structure(s) to be demolished/removed in relation to its property
lines, and other buildings on the property;
(2)
Photographs of all sides of the building(s) or structure(s);
(3)
A brief description identifying the reasons for the proposed demolition/removal.
D.
Public hearing.
(1)
Within 60 days from its receipt of the demolition/removal plan, the
Commission shall hold a public hearing with respect to the demolition/removal
application and plan. If a demolition/removal plan is not submitted,
the Commission shall hold a public hearing with respect to the available
information within 90 days of the determination of the building(s)
or structure(s) historical significance.
(2)
The public hearing shall be advertised in a newspaper of local circulation
at least seven days but no more than 30 days prior to the date of
the public hearing. The advertisement shall be paid for by the petitioner.
The petitioner shall provide the public hearing notice to all parties
of interest (abutters) if the property where the building(s) or structure(s)is/are
to be demolished, removed, or relocated at least seven days, but no
more than 30 days prior to the date of the public hearing. [Parties
of Interest (abutters) as defined in MGL c. 40A]
E.
Decision.
(1)
Within 10 days of the close of the Commission's public hearing
the Commission shall make a written decision, including the reasons
for the determination, as to whether or not the building(s) or structure(s)
is/are worthy of preserving. The required time limits for a public
hearing and said action may be extended by written agreement between
the petitioner and the permit granting authority.
(2)
If the building(s) or structure(s) is/are determined by the Commission
not to be worthy of preservation, or if the Commission fails to file
its written decision with the Building Commissioner and Town Clerk
within 10 days of the close of the public hearing, the Building Inspector
may issue a demolition permit.
(3)
If the building(s) or structure(s) is/are determined to be worthy
of preservation then the Building Inspector shall not issue a demolition
permit for a period of six months from the date the Commission's
decision is filed with the Building Inspector. During this period,
the applicant shall make an effort to locate a purchaser for the building(s)
or structure(s), who is willing to preserve, rehabilitate or restore
the building(s) or structure(s). The Commission may instruct the Building
Inspector to issue a demolition permit prior to the expiration of
the six-month period if:
(a)
The Commission 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(s) or structure(s) who is willing
to preserve, rehabilitate or restore the building(s) or structure(s);
or
(b)
Demolition permit according to certain conditions approved by
the Commission.
Nothing in this bylaw, § 77-4, shall be inconsistent with the procedures for the emergency demolition and/or securing of building(s) or structure(s) established by General Laws Chapter 143, Sections 6 through 10.
A.
Anyone who demolishes, removes, or relocates a building or structure identified in § 77-3 without complying fully with the provisions of this bylaw, shall be subject to a fine of not more than $300 as limited by Chapter 40A, MGL.
B.
In addition, unless a demolition permit was obtained for such demolition, removal, or relocation and unless such permit was fully complied with, the Building Inspector shall not issue a building permit to any property on which a building or structure identified in § 77-3 has been demolished for a period of two years from the date of demolition, even if an assessed fine is paid.
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.
Should any section, paragraph, or part of this bylaw be declared
invalid or unconstitutional by any court of competent jurisdiction,
every other section, paragraph, or part of such ordinance shall continue
in full force and effect.
