Finding that the economic, cultural and aesthetic standing of
the Town of Dudley can best be maintained and enhanced by due regard
for the historical and architectural heritage of the Town and by striving
to discourage the destruction of such cultural assets, it is hereby
declared as a matter of public policy that the protection, enhancement,
perpetuation and use of structures of historical and architectural
significance located within the Town of Dudley is a public necessity
and is required in the interest of the prosperity, civic pride and
general welfare of the people.
The purpose of this bylaw is to:
A. Designate, preserve, protect, enhance and perpetuate those structures
and sites within the Town that reflect outstanding elements of the
Town's cultural, artistic, social, economic, political, architectural,
historic or other heritage;
B. Foster civic pride in the vestiges and accomplishments of the past;
C. Stabilize or improve the aesthetic and economic vitality and values
of such structures and sites;
D. Protect and enhance the Town's attraction to tourists and visitors;
E. Promote the use of historical or architectural structures and sites
for the education and welfare of the people of the Town;
F. Promote good urban design including the perpetuation of related private
open spaces;
G. Promote and encourage continued private ownership and utilization
of such buildings and sites now so owned and used; and
H. Provide owners of significant structures with time to consider alternatives
to demolition.
The provisions of this bylaw shall be liberally construed to effect the purposes expressed or implied in §
147-2. Definitions of the following words and phrases shall be construed and understood according to their common and usual meaning unless the contrary is clearly indicated:
DEMOLITION
Any act of pulling down, destroying, removing or razing a
structure or portion thereof, whether interior or exterior, or commencing
the work of total or substantial destruction with the intent of completing
the same.
[Amended 6-19-2006 by
Art. 12]
DEMOLITION PERMIT
A permit issued by the Building Inspector under the State
Building Code for the demolition of a building or structure.
SIGNIFICANT STRUCTURE
A structure or site found by the Dudley Historical Commission to contribute to the historical or architectural heritage or resources of the Town pursuant to §
147-5 of this bylaw.
The Historical Commission shall determine that a structure be
designated as a significant structure if it meets one or more of the
following criteria:
A. It is listed on or is within an area listed on the National Register
of Historic Places, or is the subject of a pending application for
listing on said National Register; or
B. The Commission determines that the structure meets one or more of
the following three criteria:
(1) Historical importance. The structure meets the criteria of historical
importance if it:
(a)
Has character, interest or value as part of the development,
heritage or cultural characteristics of the Town of Dudley, the Commonwealth
of Massachusetts or the nation;
(b)
Is the site of an historic event;
(c)
Is identified with a person or group of persons who had some
influence on society; or
(d)
Exemplifies the cultural, political, economic, social or historic
heritage of the community.
(2) Architectural importance. The structure meets the criteria of architectural
importance if it:
(a)
Portrays the environment of a group of people in an era of history
characterized by a distinctive architectural style;
(b)
Embodies those distinguishing characteristics of an architectural
type;
(c)
Is the work of an architect, master builder or craftsman whose
individual work has influenced the development of the Town; or
(d)
Contains elements of architectural design, detail, materials
or craftsmanship which represent a significant innovation.
(3) Geographic importance. The structure meets the criteria of geographic
importance if:
(a)
The site is part of, or related to, a square, park or other
distinctive area; or
(b)
The structure, as to its unique location or its physical characteristics,
represents an established and familiar visual feature of the neighborhood,
village center, or the community as a whole.
Notwithstanding the provisions in §
147-4G, the Building Inspector may issue a demolition permit for a significant structure under any of the following circumstances:
A. If at any time after inspection the Building Inspector shall determine that the structure poses an imminent threat to the public health or safety of the community under §
147-7D and so advises the Commission in writing;
B. The Commission is satisfied that there is no reasonable likelihood
that either the owner or some other person or group is or will be
willing to purchase, preserve, rehabilitate, restore or relocate such
building and so advises the Building Inspector in writing; or
C. The Commission is satisfied that the owner has made continuing bona
fide and reasonable efforts to locate a purchaser who would be willing
to preserve, rehabilitate, restore or relocate the subject building
but that such efforts have been and will continue to be unsuccessful
and so advises the Building Inspector in writing.
The following enforcement and remedies shall apply under this
bylaw:
A. The Historical Commission is authorized to adopt rules and regulations
to carry out its duties and functions under this bylaw.
B. The Commission and the Building Inspector are each authorized to
institute any and all proceedings in law or equity they shall deem
necessary and appropriate to obtain compliance with the requirements
of this bylaw, or to prevent a violation thereof.
C. No building permit shall be issued with respect to any premises upon
which a structure has been demolished in violation of this bylaw for
a period of five years from the date of the completion of such demolition.
[Amended 5-21-2007 by
Art. 4]
If 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 to the
extent that the overall purposes of this bylaw can still be met.
[Added 6-19-2006 by Art.
11]
Demolition permits issued under the provisions of this bylaw
shall not be transferable by the applicant and shall become null and
void at such time as the underlying property is transferred. A change
in control of a business entity shall be considered a transfer by
the applicant and shall render the demolition permit null and void.