[HISTORY: Adopted by the Annual Town Meeting
of the Town of Williamstown 5-17-1994, Art. 23. Amendments noted where applicable.]
This chapter is adopted under the authority
granted by Article 89 of the amendments to the Massachusetts Constitution
(the Home Rule Amendment).
This chapter is enacted for the purpose of preserving
and protecting significant buildings within Williamstown which reflect
distinctive features of the architectural, historical and cultural
heritage of the Town and to encourage owners of such buildings to
seek ways to preserve, rehabilitate or restore them rather than demolish
them. To achieve those purposes, the Williamstown Historical Commission
is empowered to advise the Inspector of Buildings with respect to
the issuance of permits for the demolition of significant buildings.
The issuance of demolition permits for significant buildings is regulated
as provided in this chapter.
As used in this chapter, the following terms
have the meanings indicated:
The Williamstown Historical Commission.
The removal of a full street-facing facade or other act of
pulling down, destroying, removing, dismantling or razing a structure,
or commencing the work of total or substantial destruction with the
intent of completing the same. "Substantial" herein shall mean either
half the volume of the structure or half its assessed value, as determined
by the Building Commissioner.
[Amended 5-19-2015 ATM,
Art. 37]
A list of Williamstown buildings which are on the National
Register of Historic Places, or the State Register of Historic Places,
or recorded by the Commission in the Local Inventory of Historic Resources,
or 100 years or older.
[Amended 5-15-2001 ATM, Art. 23]
The person occupying the office of Inspector of Buildings
or otherwise authorized to issue demolition permits.
Any significant building deemed by the Commission to have
an important association with the economic, political or cultural
development of the Town or with important state or national figures
or to be an outstanding or last-remaining example of a recognized
architectural style that contributes substantially to the historic
or architectural character of the neighborhood.
[Amended 5-15-2001 ATM, Art. 23]
All buildings on the Williamstown historic resources list,
to be provided to the Inspector of Buildings by the Commission.
A.
Determination by Inspector of Buildings. Upon receipt
of a completed application for a demolition permit, the Inspector
of Buildings shall establish whether the building is a significant
building as defined above. If it is, the demolition permit shall be
withheld, and the Inspector of Buildings shall forward a copy of the
application to the Commission within seven days of filing. The applicant
may appeal the Inspector of Building's decision by filing an appeal
with the Zoning Board of Appeals within 21 days, which Board shall
hear such appeal in the same manner and following the same procedures
it follows for zoning applications appealing the decision of the Inspector
of Buildings. The time periods defined in succeeding sections of this
chapter shall, if necessary, begin to run after the Zoning Board of
Appeals has filed its decision with the Town Clerk.
B.
Public hearing; notice. After receipt of the permit
application, the Commission shall fix a public hearing within 45 days
to determine if the building is preferably preserved. Public notice
shall be published in a local newspaper of the time, place and purpose
of the hearing once in each of two successive weeks, the first publication
not less than 14 days before the day of said hearing. Notice shall
be mailed to the applicant, to owners of all property within 300 feet
of the property as they appear on the most recent tax list and to
the Williamstown Planning Board.
C.
Determination.
(1)
If after such hearing the Commission determines the demolition of the significant building will not be detrimental to the historical or cultural heritage of the Town as described under § 24-3 above, the Commission shall so notify the Inspector of Buildings within 10 days. Upon receipt of such notification or upon the failure of the Commission to act on the application within 45 days from the date it received the application, the Inspector of Buildings may issue the demolition permit.
(2)
If the Commission determines the demolition of the
significant building has important associations with the economic,
political or cultural development of the Town or with important state
or national figures or is an outstanding or last-remaining example
of a recognized architectural style, and is therefore preferably preserved,
it shall so notify the Inspector of Buildings in writing that no demolition
permit may be issued until expiration of a delay period to be determined
by the Commission. Said delay period shall not exceed 12 months from
the date of the public hearing.
[Amended 5-19-2015 ATM,
Art. 37]
(3)
Alternatively, the owner of a building determined to be significant may seek a predetermination by the Commission as to whether the building is preferably preserved by filing an application for a hearing before the Commission with the Inspector of Buildings. The Commission shall schedule a public hearing under the notice provisions of Subsection B above. If, after a public hearing, the building is determined to be preferably preserved, no demolition permit shall be issued until expiration of a delay period to be determined by the Commission. Said delay period shall not exceed 12 months from the date of the public hearing.
[Amended 5-19-2015 ATM,
Art. 37]
(4)
Any determination made by the Commission shall lapse
one year from the date of the determination.
(5)
Notwithstanding the preceding subsections, the Inspector
of Buildings may issue a demolition permit for a preferably preserved
building at any time after written receipt of notice from the Commission
to the effect that the Commission is satisfied there is no reasonable
likelihood that the owner or some other group is willing to preserve,
rehabilitate or restore such building.
A.
The Commission and Inspector of Buildings are each
authorized to institute any and all proceedings in law and equity
as they deem necessary and appropriate to obtain compliance with requirements
of this chapter, or to prevent violation thereof.
B.
Violations shall be punishable by a fine of not more
than $300. Each day of violation following written notice of such
violation shall constitute a separate offense.
C.
Upon determination by the Commission that the building
is preferably preserved, the owner shall be responsible for properly
securing the building, if vacant, to the satisfaction of the Inspector
of Buildings. Should the owner fail to secure the building, the loss
of such building through fire or other cause shall be considered voluntary
demolition for the purposes of this chapter.
If any section of this chapter be for any reason
declared invalid or unconstitutional by any court, every other section,
paragraph or part shall continue in full force and effect.
