[Adopted 4-25-1989 (Art. XIV of the 1926 Bylaws)]
This Bylaw shall be known and may be cited as the "Historic
Districts Bylaw Under the Authority of Massachusetts Laws, Chapter
40C, as Amended."
The purpose of this Bylaw is to promote the educational, cultural,
physical, economic and general welfare of the public through the preservation
and protection of the historical assets of Medfield, including buildings,
sites and districts of historical and architectural interest; through
the maintenance of such landmarks of the history of Medfield, the
Commonwealth and the nation, and through the development of appropriate
uses and settings for such buildings and places.
As used in this Bylaw, the following words and phrases shall
include the meanings indicated below:
ALTERING
Shall include the term "rebuilding, "reconstructing," "restoring,"
"removing," and "demolishing."
BUILDING
A combination of materials forming a shelter for persons,
animals or property.
CONSTRUCTING
Shall include the terms "building," "erecting," "installing,"
"enlarging," and "moving."
DISTRICT
The historic districts established and described in §
150-3.
[Amended 4-28-2014 ATM
by Art. 32]
EXTERIOR ARCHITECTURAL FEATURE
Such portion of the exterior of a building or structure as
is open to view from a public street, public way or public park, including
but not limited to the architectural style and general arrangement
and setting thereof, the kind and texture of exterior building materials,
or other materials applied to exterior surface and the type and style
of windows, doors, lights, signs and other appurtenant exterior fixtures.
STRUCTURE
A combination of materials other than a building, including
but not limited to a sign, fence, wall, terrace, walk or driveway,
tennis court and swimming pool.
No building or structure within the historic districts shall be constructed, demolished, moved or altered in any way that affects exterior architectural features and no building shall be moved into an historic district unless the District Commission shall first have issued a certificate of appropriateness, a certificate of hardship or a certificate of nonapplicability with respect to such construction, alteration or movement. The Building Inspector shall not issue a permit within an historic district unless one of the certificates noted above has first been issued by the District Commission or the proposed improvement is exempted from these provisions by §
150-7.
The District Commission shall act at all times with a clear
understanding of the needs of the residents of a Medfield historic
district or districts to enjoy the progress of contemporary life in
the use of their homes and properties. The District Commission shall
coordinate historic preservation activities, and oversee the preparation
and implementation of historic preservation plans of Medfield. The
District Commission shall provide informational assistance to owners
of historic structures on matters pertaining to preservation of those
structures in Medfield.
In case any section, paragraph or part of this Bylaw be for
any reason declared invalid or unconstitutional by any court of last
resort, every other section, paragraph or part shall continue in full
force and effect.
[Adopted ATM 4-26-1994 (Art. XVI of the
1926 Bylaws)]
[Amended 4-29-2013 ATM
by Art. 23]
This Bylaw is adopted for the purpose of protecting the archeologic,
historic, and aesthetic resources of the Town of Medfield by surveying,
preserving, rehabilitating, researching, or restoring whenever possible,
buildings, structures, or archeological sites which constitute or
reflect distinctive features of the architectural, cultural, or historic
resources of the Town, thereby promoting the public welfare and preserving
the cultural heritage of Medfield.
[Amended 4-29-2013 ATM
by Art. 23]
As used in this Bylaw, the following terms shall have the meanings
indicated:
APPLICATION
An application for a demolition permit filed by the owner
of record of the premises, or the holder of a bona fide purchase and
sale agreement for such premises. The application must be signed by
both the applicant and (if different) the owner of record at the time
of application. An applicant may withdraw an application without prejudice
at any time prior to a decision by the Commission.
ARCHEOLOGICAL PROTECTION DISTRICT
The Archeological Protection District is composed of shaded
and labeled areas shown on the included map entitled "Archeological
Protection District, Town of Medfield, Massachusetts."
COMMISSIONER
The Building Commissioner of the Town of Medfield.
DEMOLITION PERMIT
The permit issued by the Commissioner as required by the
State Building Code for the demolition, partial demolition, or removal
of a building or structure.
HISTORICALLY SIGNIFICANT STRUCTURE
Any building, structure, or archeological site which is:
A.
Importantly associated with one or more historic persons or
events, or with the architectural, cultural, political, economic,
social history of the Town of Medfield, the Commonwealth of Massachusetts,
or the United States of America; or which is
B.
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
or structures.
PREFERABLY PRESERVED
Any historically significant structure individually or in
context which, because of the important contribution made by such
structure to the Town's historical or architectural resources, is
in the public interest to preserve, rehabilitate, or restore.
PREMISES
The parcel of land on which an historically significant structure
exists; or the site itself due to its archaeological significance.
[Amended 4-29-2013 ATM
by Art. 23]
The provisions of this Bylaw shall apply to only the following
buildings, structures, and sites:
A. Buildings, structures, or sites listed on the National Register of
Historic Places or the State Register of Historic Places.
B. Buildings, structures, or sites which in whole or in part were constructed
50 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 building, structure, or site located in a local historic
district and subject to regulation under the provisions of MGL c.
40C.
D. Archeological sites located within the boundaries of the Archeological
Protection District.
[Amended ATM 4-26-1999; ATM 6-2-2003; 4-29-2013 ATM by Art. 23]
A. Upon receipt of an application for a demolition permit for a building,
structure or site regulated by this Bylaw, the Commissioner shall
forward a copy thereof to the Commission. No demolition permit shall
be issued at that time.
B. Within 14 days of receipt of the application by the Commission, the
chairperson of the Commission shall post the date for a meeting of
the Commission at which the application shall be heard. The hearing
shall take place no fewer than 28 days and no more than 49 days after
the receipt of the application from the Commissioner. The Commission
shall give public notice of the hearing by publishing at least 14
days before the hearing an announcement in a local newspaper of the
time, place, and purpose of the hearing. The Commission shall also
mail a copy of said notice to the applicant, to all abutters, to the
owner of record (if different from the applicant), to all abutters,
to the owners of all properties deemed by the Commission to be affected
by the proposed demolition, to the Medfield Historic District Commission,
and to any others the Commission deems entitled to notice.
C. If, after the hearing, the Commission determines that the proposed
demolition of the building, structure, or site would not be detrimental
to the purposes protected by this Bylaw, the Commission shall notify
the Commissioner within 10 days of such determination. Upon receipt
of such notification, or after the expiration of 15 days from the
hearing if he has not received such notice, the Commissioner shall,
subject to the requirements of the State Building Code and any other
applicable laws, Bylaws, rules and regulations, issue the demolition
permit.
D. If the Commission determines that (1) the building, structure or site is a historically significant structure (as defined in §
150-13), and (2) the demolition of this historically significant structure would be detrimental to the historical or architectural resources of the Town, such historically significant structure (and its premises) shall be declared a preferably preserved historically significant structure.
E. Upon a determination by the Commission that the historically significant
structure (and its premises) which is the subject of the application
for a demolition permit is a preferably preserved historically significant
structure (and premises), the Commission shall notify the applicant
and the Commissioner. No demolition permit may be issued for at least
18 months after the date of such determination by the Commission.
F. Notwithstanding the above, the Commissioner may issue a demolition
permit for a preferably preserved historically significant structure
after receipt of written advice from the Commission to the effect
that either of the following applies:
(1) The Commission is satisfied that there is no reasonable likelihood
that either the owner or some other reasonable person or group is
willing to purchase, preserve, rehabilitate, or restore said structure;
or
(2) The Commission is satisfied that for at least six months the owner
has made continuing, bona fide, and reasonable efforts to locate a
purchaser to preserve, rehabilitate, and restore the subject historically
significant structure, and that such efforts have been unsuccessful;
or
(3) The
Commission has determined that the proposed demolition may be conducted
in a manner that is not detrimental to the historical, architectural
or archaeological resources of the Town.
G. No demolition permit for a preferably preserved historically significant
structure shall be granted until all approvals are in place for subsequent
development. Approvals include but are not limited to building permits,
zoning variances or special permits (if necessary), licenses, easements
and subdivisions of the premises of any kind. All appeals from the
granting of such approvals must be concluded before the demolition
permit may be granted.
H. Demolition permits are valid for six months, in accordance with state
statute. If the building, structure or site is not demolished within
six months, the Commission may issue an extension, or it may require
the applicant to reapply.
I. A decision
by the Commission is made in relation to the party filing the application
only, is nontransferable, and expires two years from the date of the
decision. If demolition has not occurred prior to the expiration of
the decision, a new application for a demolition permit must be filed
prior to any subsequent demolition.
J. If a building, structure, or archaeological site is determined to be a preferably preserved historically significant structure (as defined in §
150-13), the owner shall be responsible for properly securing such building or structure, if vacant, or site to the satisfaction of the Commission. Should the owner fail to properly secure such building, structure, or site, a subsequent destruction of such building, structure, or site at any time during the period of the demolition delay through fire or other cause which could have been prevented by properly securing such building, structure, or site, shall be considered a voluntary demolition in violation of this Bylaw under §
150-17B.
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.