[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:
DEMOLITION PERMIT
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.
HISTORICALLY SIGNIFICANT BUILDING, STRUCTURE OR PROPERTY
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]
A.
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
B.
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
C.
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.
INSPECTOR
The Marshfield Building Commissioner/Zoning Enforcement Officer
or any other person authorized to issue demolition permits.
[Amended 4-24-2017 ATM
by Art. 10]
[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.
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.