The purpose of this bylaw is to maintain the character of the
Town of Westwood, protecting its historic and aesthetic resources
built on or before December 31, 1910, by surveying, preserving, rehabilitating,
researching, or restoring, whenever possible, buildings or structures
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 Westwood. The
intent of this bylaw is to encourage owners to seek alternative options
to preserve historic buildings rather than complete demolition. This
bylaw authorizes the Westwood Historical Commission to advise the
Building Commissioner with respect to demolition permits for historic
properties regulated by this bylaw.
As used in this bylaw, the following terms shall have the meanings
indicated:
APPLICANT
Any person or entity who 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.
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.
BUILDING
A structure enclosed by exterior walls or firewalls, built,
erected and framed of a combination of any materials, whether portable
or fixed, having a roof, to form a structure for the shelter of persons,
animals or property. For the purposes of this definition, "roof" shall
include an awning or any similar covering, whether or not permanent
in nature.
COMMISSIONER
The Building Commissioner of the Town of Westwood.
DEMOLITION
Any act of pulling down, destroying, removing or razing a
building and/or structure or commencing the work of total or substantial
destruction with the intent of completing the project; "substantial"
herein shall mean either half the volume of the structure or half
the assessed value. Demolition regulated hereunder shall not include
replacement of roofing materials, siding, stairs, railings, windows,
or similar features, nor shall it include demolition of non-historic
additions or accessory structures.
DEMOLITION PERMIT
The permit issued by the Commissioner as required by the
State Building Code for the demolition or removal of a building or
structure.
HISTORIC OR ARCHITECTURALLY SIGNIFICANT STRUCTURE
Any building or structure which is:
A.
Importantly associated with one or more historic persons or
events, or with the architectural, cultural, political, economic,
or social history of the Town of Westwood, the Commonwealth of Massachusetts,
or the United States of America; or which is:
B.
Historic 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 historic or architecturally significant structure individually
or in context which, because of the important contribution made by
such structure to the Town's historic or architectural resources,
is in the public interest to preserve, rehabilitate, or restore.
PREMISES
The parcel of land on which an historic or architecturally
significant structure exists.
STRUCTURE
An assembly of materials forming a construction for occupancy
or use, including, among others, buildings, stadiums, gospel and circus
tents, reviewing stands, platforms, staging, observation towers, communication
towers, flag poles, water tanks, trestles, piers, wharfs, open sheds,
coal bins, shelters, fences and display signs, tanks in excess of
500 gallons used for the storage of any fluid other than water and
swimming pools.
The provisions of this bylaw shall apply to only the following
buildings and structures:
A. Buildings and structures listed on the National Register of Historic
Places or the State Register of Historic Places, including contributing
properties within the Colburn School Historic District and the Fisher
School Historic District.
B. Buildings and structures which in whole or in part were constructed
on or before December 31, 1910.
Upon receipt of an application for an environmental impact and design review (EIDR) approval, a flexible multiple use overlay district (FMUOD) special permit, an earth material movement (EMM) special permit, a definitive subdivision approval, a senior residential development (SRD) special permit, or an open space residential development (OSRD) approval involving a parcel of land containing a building or structure regulated under §
250A-3, the granting authority shall transmit to the Commission a copy of the application for review and recommendation. Failure of the Commission to respond to the granting authority within 30 days of its receipt of such application shall be deemed to signify its lack of opposition to the project.
Any property owner or their designee may submit a pre-determination
request directly to the Commission, in order to determine significance
of their property prior to initiating a demolition permit application
with the Building Inspector. Once a determination is made by the Commission,
they shall submit their decision in writing to the Building Inspector's
Department and the applicant. Such determination shall be recorded
by the Building Inspector's Department with the intent of allowing
any future application to proceed promptly through the demolition
process in the case of a pre-determination that the structure is not
significant. Such written predeterminations shall be considered valid,
barring any relevant future changes to this bylaw regarding historic
structures.
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.