This bylaw is enacted for the purpose of preserving and protecting
significant buildings within the Town which constitute or reflect
distinctive features of the architectural, cultural, economic, political
or social history of the Town and to limit the detrimental effect
of demolition on the character of the Town. Through this bylaw, owners
of preferably preserved buildings are encouraged to seek out alternative
options that will preserve, rehabilitate or restore such buildings
and residents of the Town are alerted to impending demolitions of
significant buildings. By preserving and protecting significant buildings,
streetscapes and neighborhoods, this bylaw promotes the public welfare
by making the Town a more attractive and desirable place in which
to live and work. To achieve these purposes, the Historical Commission
is authorized to advise the Building Inspector with respect to demolition
permit applications. The issuance of demolition permits is regulated
as provided by this bylaw.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person or entity that 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 the demolition of a building.
BUILDING
Any combination of materials forming a shelter for persons,
animals, or property.
COMMISSION
The North Andover Historical Commission or its designee.
DEMOLITION
Any act of pulling down, destroying, removing, dismantling
or razing a building or commencing the work of total or substantial
destruction with the intent of completing the same.
DEMOLITION PERMIT
The building permit issued by the Building Inspector for
a demolition of a building, excluding a building permit issued solely
for the demolition of the interior of a building.
PREFERABLY PRESERVED
Any significant building which the Commission determines,
following a public hearing, that it is in the public interest to be
preserved rather than demolished. A preferably preserved building
is subject to the twelve-month demolition delay period of this bylaw.
SIGNIFICANT BUILDING
Any building within the Town which is in whole or in part
100 years or more old and which has been determined by the Commission
or its designee to be significant based on any of the following criteria:
A.
The building is listed on, or is within an area listed on, the
National Register of Historic Places; or
B.
The building has been found eligible for the National Register
of Historic Places; or
C.
The building is importantly associated with one or more historic
persons or events, or with the broad architectural, cultural, political,
economic or social history of the Town or the commonwealth; or
D.
The building is historically or architecturally important (in
terms of period, style, method of building construction or association
with a recognized architect or builder), either by itself or in the
context of a group of buildings.
Following a determination that the building is significant and
preferably preserved, the Commission may recommend to Town Meeting
that the building be protected through the provisions of MGL Chapter
40C, the Historic Districts Act. The steps required under MGL Chapter
40C shall be followed prior to the establishment of a local historic
district. Nothing in this bylaw shall be deemed to conflict with the
provisions of the Historic Districts Act (MGL Chapter 40C). If any
of the provisions of this bylaw do so conflict, that Act shall prevail.
In case any section, paragraph or part of this bylaw is for
any reason declared invalid or unconstitutional by any court, every
other section, paragraph, and part shall continue in full force and
effect.