(a)
Purpose. The purpose of this section is to protect the historically
or architecturally significant buildings or markers in the Town and
to encourage owners of such properties to seek out persons who might
be willing to purchase, preserve, rehabilitate or restore such buildings
and markers rather than demolish them.
(b)
COMMISSION
DEMOLITION
HISTORICALLY SIGNIFICANT BUILDING OR STRUCTURE
1.
2.
3.
PROPERTIES
Definitions. The following words used in this section, unless the
context otherwise requires, shall have the following meanings:
The Weymouth Historical Commission.
Any act of pulling down, destroying, removing or razing a
building or marker; or commencing the work of total or substantial
destruction with the intent of completing the same.
Any building or portion thereof which:
In whole or in part was built 100 or more years prior to the
date of the application for the demolition permit or is of unknown
age;
Is 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;
Is historically or architecturally important by reason of period,
style, method of building construction or association with a particular
architect, either by itself or in the context of a group of buildings
or structures.
Includes buildings, structures, bridges, historical sites,
etc.
(c)
Annual reporting of historical properties or significant buildings.
1.
The Historical Commission shall compile and file with the Mayor,
the Department of Community Planning and Development, Inspector of
Buildings and Director of Public Works, on an annual basis, a current
list of all known historical properties currently listed on the National
Register of Historic Places or properties researched and found by
the Commission to be historically or architecturally significant.
Said list shall be disseminated to all new owners of historical properties
or significant buildings on an annual basis.
2.
The owner shall have 30 days to appeal said determination by the
Commission, which shall hold a public hearing with 14 days' advance
written notice to the owner before a final determination is made.
(d)
Procedure.
1.
The Mayor, the Director of Planning and Community Development, the
Inspector of Buildings and the Director of Public Works shall notify
the Commission of any such projects which might result in the demolition
of any property that is included on the list. Within seven days after
receipt of an application for demolition, the Inspector of Buildings
shall notify, in writing, the Historical Commission of said application.
2.
No demolition permit shall be issued except by the following procedure:
a.
Within 30 days following receipt of the application from the Inspector
of Buildings, the Commission shall conduct a public hearing and shall
give public notice thereof by publishing notice of the time, place
and purpose of the hearing in a local newspaper at least 14 days before
said hearing and mail by certified mail, with return receipt requested,
a copy of said notice to the applicant.
b.
If, after such hearing, the Commission determines that the demolition
of the significant building would not be detrimental to the historical
or architectural heritage or resources of the Town, the Commission
shall so notify in writing the Inspector of Buildings within seven
days of such determination. Upon receipt of such notification or after
the expiration of seven days from the date of the conduct of the hearing,
if he has not received notification from the Commission, the Inspector
of Buildings may, subject to the requirements of the State Building
Code and any other applicable laws, ordinances, rules and regulations,
issue the demolition permit.
c.
If the Commission determines that the demolition of the significant
building would be detrimental to the historical or architectural heritage
or resources of the Town, such building shall be considered a preferably
preserved significant building.
d.
Upon determination by the Commission that the significant building
which is the subject of the application for a demolition permit is
a preferably preserved significant building, the Commission shall
so advise the applicant and the Inspector of Buildings in writing
within seven days of said hearing, and no demolition permit will be
issued for six months after the date of such determination by the
Commission.
e.
Notwithstanding the preceding sentence, the Inspector of Buildings
may issue a demolition permit for a preferably preserved significant
building at any time after receipt of written advice from the Commission
to the effect that either:
(i)
The Commission is satisfied that 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;
(ii)
The Commission is satisfied that for six months the owner has
made continuing, bona fide and reasonable efforts to locate a purchaser
to preserve, rehabilitate and restore the subject building, and that
such efforts have been unsuccessful;
(iii)
Notwithstanding any of the foregoing, the Inspector
of Buildings shall issue the demolition permit upon expiration of
183 days from the original date of application.
(e)
Emergency demolition. Nothing in this section shall restrict the
Inspector of Buildings from ordering the demolition of any building
in the event of an imminent danger to the safety of the public.
(f)
Enforcement.
1.
The Inspector of Buildings and the Commission are authorized to institute
any and all actions and proceedings as they may deem necessary and
appropriate to obtain compliance with the requirements of this section
or to prevent a threatened violation thereof.
2.
No building permit shall be issued with respect to any premises upon
which a significant building has been voluntarily demolished in violation
of this section for a period of one year after the date of such demolition.
As used herein, "premises" includes the parcel of land upon which
the demolished building was located.
