[HISTORY: Adopted by the Town Meeting of the Town of Norton
5-14-2018 ATM by Art. 20. Amendments noted where applicable.]
A.
This Demolition Delay Bylaw is enacted for the purpose of preserving
and protecting significant buildings and structures within the Town
of Norton. Such buildings reflect distinctive features of the architectural,
cultural, economic, political or social history of the Town, and their
preservation promotes the public welfare by helping the Town of Norton
in maintaining its heritage.
B.
The intent of the bylaw is not to permanently prevent demolition,
but rather to provide an opportunity to develop preservation solutions
for properties threatened with demolition. The bylaw is intended to
encourage owners and townspeople to seek out persons who might be
willing to purchase, preserve, rehabilitate or restore such buildings
rather than demolish them, and to limit the detrimental effect of
demolition on the historical architectural resources of the Town.
To achieve these purposes, the Norton Historical Commission is empowered
to advise the Building Inspector with respect to the issuance of permits
for demolition of significant buildings and to delay the demolition
of such buildings and structures for six months, and, where appropriate
and consistent with the intent and purpose of this bylaw, to allow
demolition under conditions designed to minimize the loss of distinctive
exterior features of significant buildings or structures.
For the purposes of this bylaw, the following words and phrases
have the following meanings:
Any person or entity who or which 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.
A form provided by the Building Inspector pursuant to a demolition
permit.
A form provided by the Norton Historical Commission pursuant to a determination of applicability, § 39-4 of this bylaw.
An independent structure resting on its foundation and designed
for the shelter or housing of persons, animals, chattels or property
of any kind.
The official or person authorized by state law or the Zoning
Bylaw[1] to issue demolition permits in the Town.
The Norton Historical Commission.
The Chairperson of the Commission, or any person to whom
the Commission has delegated authority to act as Commission staff
under this bylaw.
Any act of pulling down, destroying, razing, removing, or
relocating 25% or more of a building or structure as indicated on
the demolition permit application.
The permit issued by the Building Inspector as required by
the State Building Code for the full 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:
Is associated with one or more historic/prominent persons or
events;
Is associated with the architectural, cultural, economic, political
or social history of the Town of Norton, the Commonwealth of Massachusetts
and/or the United States of America;
Embodies the distinctive characteristics of a type, period,
style or method of building, either by itself or in the context of
a group of buildings or structures;
Is in whole or in part:
Listed on, or is 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 either of said registers;
or
Located within 200 feet of a boundary line of any federal, state
or local historic district; or
Included in the Inventory of the Historic Assets of the Commonwealth,
or designated by the Commission for inclusion in said inventory, including
those buildings listed for which complete surveys may be pending;
or
Determined by vote of the Commission to be historically or architecturally
significant in terms of period, style, or method of building construction
based on the following criteria:
An historic district established by the Town of Norton pursuant
to Chapter 40C of the Massachusetts General Laws or special law.
A list on file with the Massachusetts Historical Commission
of buildings or structures that have been designated by the Commission
to be historically significant.
Any historically or architecturally significant building
or structure which the Commission determines is in the public interest
to be preserved or rehabilitated rather than to be demolished.
The entire parcel of land upon which the historically or
architecturally significant building or structure is or was located.
To transfer a building or structure from its existing location.
Any combination of materials assembled, constructed, erected
or maintained at a fixed location and placed permanently or temporarily
in or on the ground.
The procedure in obtaining a demolition permit is comprised
of four parts which include: application, historical significance
determination, plan review and decision.
A.
Application. Upon receipt of an application for a demolition permit
for any building or structure, or portion thereof, the Building Inspector
shall forward a copy thereof to the Commission within seven days.
No demolition permit shall be issued at that time.
B.
Historical significance determination.
(1)
Within 21 days after the receipt of such application, the Commission
shall determine whether the building or structure is historically
or architecturally significant.
(a)
If the Commission determines that the building or structure
is not historically or architecturally significant, it shall notify
the Building Inspector and the applicant in writing, and the Building
Inspector may issue a demolition permit. If the Commission fails to
notify the Building Inspector and the applicant of its determination
within 30 days after its receipt of the application, then the building
or structure shall be deemed not historically or architecturally significant
and the Building Inspector may issue a demolition permit.
(b)
If the Commission determines that the building or structure
is historically or architecturally significant, it shall notify the
Building Inspector and the applicant in writing that a demolition
plan review must be made prior to the issuance of a demolition permit.
(2)
Within 45 days after the applicant is notified that the Commission
has determined that a building or structure is historically or architecturally
significant, the applicant for the permit shall submit to the Commission
seven copies of a demolition plan which shall include the following
information:
(a)
A map showing the location of the building or structure to be
demolished, with reference to lot lines and to neighboring buildings
and structures;
(b)
Photographs of all street facade elevations of buildings or
structures;
(c)
A description of the building or structure to be demolished;
(d)
The reason for the proposed demolition and data supporting said
reasons; and
(e)
A brief description of the proposed reuse of the parcel on which
the building or structure to be demolished is located.
C.
Plan review. The Commission shall hold a public hearing, within 45
days of receipt of the applicant's submitted demolition plan,
with respect to the application for a demolition permit, and shall
give public notice of the time, place, and purposes thereof by publication
in a newspaper of general circulation in the Town two times, with
the first notice to be published at least 14 days before said hearing
and the second notice to be published no more than seven days prior
to the hearing, 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 it appears on the most recent real estate tax list of the Board
of Assessors, to the Planning Board, to any person filing a 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.
D.
Decision. Within 45 days after the close of the public hearing, the
Commission shall file a written report with the Building Inspector
on the demolition plan which shall include the following: (a) a description
of age, architectural style, historic association and importance of
the building or structure to be demolished; (b) a determination as
to whether or not the building or structure should preferably be preserved.
The Commission shall determine that a building or structure should
preferably be preserved only if it finds that the building or structure
is an historically or architecturally significant building or structure
which, because of the important contribution made by such building
or structure to the Town's historical and/or architectural resources,
it is in the public interest to preserve, rehabilitate, relocate or
restore.
(1)
If, following the demolition plan review, the Commission does not
determine that the building or structure should preferably be preserved,
or if the Commission fails to file a report with the Building Inspector
within 45 days, then the Building Inspector may issue a demolition
permit.
(2)
If, following the demolition plan review, the Commission determines
that the building or structure should preferably be preserved, then
the Building Inspector shall not issue a demolition permit for a period
of six months from the date of the filing of the initial request for
a demolition permit unless the Commission informs the Building Inspector
prior to the expiration of such six-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
or structure who is willing to preserve, rehabilitate, relocate or
restore the building or structure, or has agreed to accept a demolition
permit on specific conditions approved by the Commission. During the
six-month review period, the Commission shall invite the applicant
to participate in an investigation of alternatives to demolition.
An owner of an historically or architecturally significant building
or structure may petition the Commission for a determination of applicability
of the bylaw. Within 60 days after the receipt of such application,
the Commission shall determine whether the building or structure is
historically or architecturally significant. The applicant for the
permit shall be entitled to make a presentation to the Commission.
The determination by the Commission of whether a building or structure
is historically or architecturally significant shall be made in writing,
signed by the Commission, and shall be binding on the Commission for
a period of five years from the date thereof.
A.
If a building or structure poses an immediate threat to public health
or safety due to its deteriorated condition, the owner of such building
or structure may request issuance of an emergency demolition permit
from the Building Inspector.
(1)
Upon receipt of any application for an emergency demolition permit,
the Building Inspector shall within five days transmit a copy thereof
to the Norton Historical Commission.
(2)
As soon as is practicable, but within 14 days after receipt of such
an application, the Building Inspector shall inspect the building
or structure with a team consisting of the Board of Survey, Historical
Commission Chair and two other members of the Commission selected
by the Chair, or the designees of said officials.
(3)
Within five days after inspection of the building or structure, and
after consultation with other members of the inspection team, the
Building Inspector shall determine:
(4)
If the Building Inspector finds: 1) that the condition of the building
or structure poses a serious and imminent threat to public health
and safety; and 2) that there is no reasonable alternative to the
immediate demolition of the building or structure, then the Inspector
may issue an emergency demolition permit to the owner of the building
or structure.
(5)
If the Building Inspector finds: 1) that the condition of the building
or structure does not pose a serious and imminent threat to public
health and safety; and/or 2) that there are reasonable alternatives
to the immediate demolition of the building or structure which would
protect public health and safety, then the Inspector may refuse to
issue an emergency demolition permit to the owner of the building
or structure.
B.
Upon issuing an emergency demolition permit under the provisions
of this section, the Building Inspector shall submit a brief written
report to the Commission describing the condition of the building
or structure and the basis for his/her decision to issue an emergency
demolition permit.
C.
Nothing in this section shall be inconsistent with the procedure
for the demolition and/or securing of buildings and structures established
by MGL c. 143, §§ 6 through 10.
A.
The Commission and the Building Inspector are each authorized to
institute any and all proceedings in law to obtain compliance with
the requirements of this bylaw.
B.
Issuance of building permits.
(1)
No building permit shall be issued with respect to any premises upon
which an historically or architecturally significant building or structure
has been voluntarily demolished in violation of this bylaw for a period
of two years after the date of the completion of such demolition.
(2)
Notwithstanding the foregoing, whenever the Commission shall, on
its own initiative, or on application of a landowner, determine that
earlier reconstruction, restoration or other remediation of any demolition
in violation of this bylaw better serves the intent and purpose of
this bylaw, it may, prior to the expiration of said period of two
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 effectuate the purposes of this bylaw, and may so
notify the Building Inspector.
C.
Upon a determination of the Commission that a building is a preferably preserved significant building, the owner shall be responsible for properly securing the building, if vacant, to the satisfaction of the Building Inspector. Should the owner fail to secure the building, the loss of such building through fire or other cause shall be considered voluntary demolition for the purposes of Subsection B above.
D.
Anyone who demolished a building or structure identified as an historically
or architecturally significant building or structure without first
obtaining, and complying fully with the provisions of, a demolition
permit shall be subject to a fine of $300. Each day the violation
exists shall constitute a separate offense, not to exceed 60 days,
until a faithful restoration of the demolished building is completed
or unless otherwise agreed to by the Commission.
