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 which constitute or reflect distinctive features of the architectural, aesthetic or historic resources of the Town, and which otherwise would be demolished, thereby promoting the public welfare and preserving the cultural heritage of the Town.
[5-24-1999 ATM; 5-13-2008 ATM; 5-5-2014 ATM; 5-9-2022 ATM, Art. 16; 5-5-2025 ATM by Art. 34]
For the purpose of this article, the following words and phrases shall have the following meanings:
Any combination of materials forming a shelter for persons, animals, or property.
The person occupying the office the Norwell Building Department who is authorized to issue permits under 780 CMR 110.
Any Building within the Town which, in whole or in part:
The Norwell Historical Commission.
A member of the Commission who has been designated by a majority vote of the Commission to make a determination as to whether a Significant Building is not preferably preserved without a vote of the Commission.
A member of the Commission who has been designated by a majority vote of the Commission to make a determination as to whether a Significant Building is not preferably preserved without a vote of the Commission - and who may act to make that determination only if the Designated Member is not available.
The razing or tearing down of a Building or a significant portion of a Building that requires a Demolition Permit and shall not include ordinary repairs or maintenance. Ordinary repairs and maintenance be determined by the Building Official and shall include, but shall not be limited to, replacement or repair of existing structural elements such as siding, windows, doors and roofs. The determination of whether a portion of a Building proposed to be demolished is significant shall be made solely by the Building Official.
The permit issued by the Building Official as required by the State Building Code for the demolition, partial demolition or removal of a Building.
The Commission may prepare an inventory of Significant Buildings ("Inventory") for presentation to and adoption by Town Meeting as part of this bylaw. Any such proposed Inventory or proposed amendment thereto shall be presented to and voted by an Annual Town Meeting for adoption as part of this bylaw. The Inventory, once prepared by the Commission and then adopted by Annual Town Meeting, shall become a part of this bylaw and a copy of the Inventory shall be published on the Commission's Town of Norwell website.
The following demolition delay procedures shall be followed:
A.
Any application ("Application") for a Demolition Permit shall include the following:
(1)
The address of the Building to be demolished;
(2)
The age of the Building (and its parts, if different);
(3)
Whether the Building is on the Inventory;
(4)
Whether the Building is on the National Register;
(5)
A brief description of the demolition project and proposed future use; and
(6)
A photograph(s) of the Building, showing what is proposed to be demolished.
B.
No Demolition Permit shall be issued for a Building without the Building Official first determining whether the Building is a Significant Building.
C.
No Demolition Permit shall be issued for a Significant Building until the procedure set forth herein is completed.
D.
The Building Official, within seven days of receipt of an Application for a Demolition Permit for a Significant Building, shall forward a copy of the Application to the Commission (and any Designated Commission Member(s), if approved by the Commission).
E.
The Commission (and any Designated Member(s)) shall take the following actions:
(1)
Within 10 business days of the Building Official forwarding the Application, the Commission, or, If authorized by the Commission, a Designated Member or Alternate Designated Member shall make a written determination as to whether the Significant Building that is the subject of the Application for a Demolition Permit is or is not preferably preserved and then shall forward the written determination to the Building Official and the Commission and the Applicant.
(a)
Not preferably preserved.
[1]
A written determination that a Significant Building by the Commission or a Designated Member is not preferably preserved shall be forwarded by the Commission, forthwith, to the Building Official. A written determination by a Designated Member or Alternate Designated Member that a Significant Building is not preferably preserved shall be binding upon the Commission. Upon receipt of a written determination, by the Commission (or a Designated Member, including an Alternate Designated Member), that a Significant Building is not preferably preserved, the Building Official may issue the Demolition Permit.
[2]
If no determination is made by the Commission at all within the seven-day period, the Building Official may issue the Demolition Permit.
(b)
Preferably preserved. If the Commission (or a designated Member, including an Alternate Designated Member, if authorized) does not make a determination within 10 business days that the Significant Building is not preferably preserved, then the Commission may give notice that it will and then it shall notice and open a public hearing within 30 days of the Commission's receipt of written notification of the Application and make the determination of whether the Building is preferably preserved or not.
(2)
Commission's 30-day deadline to open a public hearing. If a determination is not made within 10 business days that the Building is not preferably preserved, then the Commission shall then have 30 days (running from the expiration of the 10-day deadline) to open and hold a public hearing and make the determination. The 30-day deadline may be extended by mutual written agreement by the Commission and Applicant, a copy of which shall be filed by the Commission with the Town Clerk's Office.
(3)
Required public hearing procedure.
(a)
Public notice of the time, place and purpose of the hearing shall be properly posted by the Commission, according to local and state law, and notice shall be for a period of not less than seven days prior to the date of said hearing. The Applicant, the owners of all adjoining properties, the Building Official, the Planning Board and the Select Board shall be sent a copy of the notice.
(b)
At the public hearing, the Applicant shall have the opportunity to present the request for the Demolition Permit and to present evidence regarding the status of the Significant Building as preferably preserved or not preferably preserved.
(c)
At the public hearing, the Commission shall determine whether the Significant Building should be preferably preserved or not.
(d)
The Commission's determination of whether the Significant Building should be preferably preserved shall be based upon the Commission's determination that the Significant Building is so historic and/or so architecturally important to the Town of Norwell that an effort to preserve it should be undertaken.
(e)
If, at the public hearing, the Commission votes to determine that the Significant Building is not preferably preserved, the Commission shall notify the Building Official and Applicant in writing, forthwith of the determination and the Building Official then may issue the Demolition Permit.
(f)
If, at the public hearing, the Commission votes to determine that the Significant Building is preferably preserved, the Commission shall notify the Building Official and Applicant in writing within seven days of the close of the public hearing and vote to make the determination.
(g)
If the Commission does not make its determination within the 30-day period for the Commission to conduct the public hearing or does not provide the Building Official with the Commission's written determination within 10 business days of making the determination (unless there is a mutually agreed upon extension in writing with the Applicant regarding the deadlines), then the Building Official may issue the Demolition Permit.
(h)
Upon timely receipt by the Building Official of a written determination by the Commission that a Significant Building is preferably preserved, the Demolition Permit shall not issue for a period of 12 months from the date of the determination, unless otherwise agreed to by the Commission.
(i)
If the Applicant for the Demolition Permit can preserve or relocate the Significant Building or if the Commission finds the Applicant made a good effort to preserve the Significant Building, then the Commission may reconsider and shorten the delay period and notify the Building Official and the Building Official then may issue the Demolition Permit.
(j)
Following the expiration of any required demolition delay period, the Building Inspector may issue the demolition permit.
(k)
Following determination under this article and the expiration of any delay period, the authorization to issue a building permit shall continue to exist unless a significant change to the project is proposed.
If the condition of a Building may pose 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 Building Official. As soon as practicable after receipt of such a request, the Building Official shall arrange to have the property inspected by a board that shall consist of the Building Official, the Commission's Chair, the Board of Health's Chair and the Fire Chief, or their respective designees. After inspection of the Building and in 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 Building Official finds that the condition of the Building poses a serious and imminent threat to public health or safety, and that there is no reasonable alternative to the immediate issuance of a demolition permit under the provisions of this section, the Building Official shall prepare a written report describing the condition of the Building and the basis for the decision to issue an emergency demolition permit and file it with the Commission and then issue the demolition permit. 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.
A.
Anyone who demolishes a Significant Building identified in § 201-15.2 of this article without first complying fully with the provisions of this article shall be subject to a fine of not less than $300 per violation which the Commission may issue in accordance with state law; and the Building Official shall not issue a building permit pertaining to any parcel on which the demolition occurred for a period three years after the date of demolition.
B.
The Commission shall have the authorization to waive or modify the three-year restriction on the issuance of a building permit.
Any person aggrieved by the determination of the Commission may, within 20 days after the filing of the notice of such determination with the Building Official and the Applicant, appeal to the Superior Court for Plymouth County. The Court shall hear all pertinent evidence and shall determine whether the determination of the Commission is supported by the evidence, in which case it shall be upheld, or whether it exceeds the authority of the Commission, in which case it shall be annulled, or may remand the case for further action by the Commission or make such other decree as justice and equity shall require.
A.
Determination that a Significant Building is not preferably preserved. A determination by the Commission (or a Designated Member) that a Significant Building is not preferably preserved shall continue in force and effect for 10 years after the determination is made. The determination shall continue in force and effect even after the initial requested demolition permit expires (and has not been used). However, if a new demolition permit application is made and the scope of the demolition proposed under the new application is determined by the Building Official to have either a greater or different scope of demolition than the original application that was the subject of the Commission's (or Designated Member's) determination, then the demolition delay review process shall begin again for the new demolition permit application. For example, if the determination was for the demolition of a wing of a building and the new application is for a different wing or a larger portion of the building, then that could be determined by the Official as greater or different in scope.
B.
Delay after determination that a Significant Building is preferably preserved. Once a required demolition delay period has expired, but demolition does immediately occur, the Significant Building that was the subject of the determination shall not be required to undergo the demolition delay process again for a period of 10 years. However, if a new demolition permit application is made and the scope of the demolition proposed under the new application is determined by the Building Official to have either a greater or different scope of demolition than the original application that was the subject of the Commission's (or Designated Member's) determination, then the demolition delay review process shall begin again for the new demolition permit application. For example, if the delay period was to demolish a wing of a building and the new application is for a different wing or a larger portion of the building, then that could be determined by the Official as greater or different in scope.
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.