This bylaw is adopted for the 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 article, 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:
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 Norwell Building Inspector/Zoning Enforcement Officer.
If the condition of a 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 Chair 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 and whether there is any reasonable alternative to the immediate demolition of the building, structure, or property which would protect the 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 demolition permit under the provisions of this section, the Inspector shall prepare 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 building 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 §
201-15.3 of this article, the Inspector shall request the Chair of the Commission or the Chair'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.
Any person aggrieved by a determination of the Commission may,
within 20 days after the filing of the notice of such determination
with the Inspector, appeal to the Superior Court for Plymouth County.
The Court shall hear all pertinent evidence and shall annul the determination
of the Commission if it finds the decision of the Commission to be
unsupported by the evidence or to exceed the authority of the Commission
or may remand the case for further action by the Commission or make
such other decree as justice and equity shall require.
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.
The Commission shall be required to present a written annual
report by January 1 of each calendar year to the Inspector, the Planning
Board and the Highway Department.
A. This
report shall include but is not limited to the following:
(1) An inventory of any and all buildings, structures and properties
that have been designated and registered as being covered by this
bylaw.
(2) A list of any and all buildings, structures and properties covered
by this bylaw that are under consideration and study by the Commission
or the Massachusetts Historical Commission.
B. A copy
of this report shall be made available to the Select Board, Town Public
Library and the Massachusetts Historical Commission.
[Amended 5-9-2022 ATM, Art. 16]