This chapter is enacted to promote the public
welfare and to safeguard the Town's historical, cultural and architectural
heritage by protecting historic resources that make the Town a more
interesting, attractive and desirable place in which to live. The
intent is to protect and preserve historic properties by encouraging
their owners to seek alternatives to demolition.
As used in this chapter, the following words
and terms, unless the context requires otherwise, shall have the following
meanings:
BUILDING
Any combination of materials having a roof and/or having
formed a shelter for persons, animals or property.
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
DEMOLITION
Any act of destroying, elimination, pulling down, razing
or removing a building or any portion thereof or starting the work
of any such act with the intention of completing the same.
PERSON
Any actual person, firm, partnership, association or corporation.
SIGNIFICANT BUILDING OR STRUCTURE
Any building or structure or portion thereof which is not
within a regional historic district, subject to regulation under the
provisions of MGL c. 40C and has been listed or is the subject of
a pending application for listing on the National Register of Historic
Places or has been listed on the Massachusetts Register of Historic
Places or is over 75 years of age and:
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
A.
Is associated with one or more historic persons
or events contributing to the cultural, political, economic or social
history of the Town or the commonwealth; or
B.
Is historically or architecturally important
(in terms of period, style, method of construction, or association
with a famous architect or builder), either by itself or in the context
of a group of buildings or structures.
STRUCTURE
A combination of materials, other than a building, including,
but not limited to, a wall, fence, walk, driveway.
[Added 4-4-2011 ATM by Art. 37, approved 7-21-2011]
[Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011]
A. Nothing
in this chapter shall restrict the Building Commissioner from ordering
the demolition of a significant building or structure determined by
him to present a danger to the safety of the public which only demolition
can prevent.
B. In such
event, the Building Commissioner shall notify the Historical Commission
in writing within five days of the decision to approve the emergency
demolition.
If any section, paragraph or part of this chapter
is for any reason declared invalid or unconstitutional by any court,
every other section, paragraph and part shall continue in full force
and effect.
No provision of this chapter shall be construed
or applied so as to conflict with MGL c. 143. In the event of any
apparent conflict, the provisions of MGL c. 143 shall prevail.