[HISTORY: Adopted by the Town Meeting of
the Town of Wakefield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-1-1992 ATM by Art. 37 as Ch. VII of the 1992
Bylaws]
This Article is adopted for the purpose of preserving
and protecting, through advance notice of their proposed demolition,
significant buildings within the town which constitute or reflect
distinctive features of the architectural, cultural, political, economic
or social history of the town; to encourage owners of preferably preserved
significant buildings to seek out persons who might be willing to
purchase and to preserve, rehabilitate or restore such buildings rather
than demolish them; and by furthering these purposes to promote the
public welfare, to preserve the resources of the town and to make
the town a more attractive, desirable place in which to live. To achieve
these purposes, the Wakefield Historical Commission is empowered to
advise the Wakefield Building Inspector with respect to the issuance
of permits for demolition, and the issuance of demolition permits
for significant buildings is regulated as provided in this Article.
The following terms, when used, whether or not
capitalized, in this Article, shall have the meanings set forth below
unless the context otherwise requires:
An application for a permit for the demolition of a building.
Any combination of materials forming a shelter for persons,
animals or property.
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
A day which is not a legal municipal holiday, Saturday or
Sunday.
The Wakefield Historical Commission.
The Chairperson of the Commission or any person to whom the
Commission has delegated authority to act as Commission staff under
this Article.
The act of pulling down, destroying, removing or razing a
building or commencing the work of total or substantial destruction
with the intent of completing the same.
A list on file at the Massachusetts Historical Commission
of buildings that have been designated by the Commission to be significant
buildings after a finding by the Commission that a building either:
Is importantly associated with one (1) or more
historical persons or events or with the broad architectural, cultural,
political, economic or social history of the town or the commonwealth;
or
Is historically or architecturally significant
(in terms of period, style, method of building construction or association
with a famous architect or builder), either by itself or in the context
of a group of buildings.
A permit issued by the Building Inspector for demolition
of a building pursuant to an application therefor.
Any significant building which the Commission determines
is in the public interest to be preserved or rehabilitated rather
than to be demolished.
Any building:
A.
The Building Inspector, on the day of receipt of an
application for demolition of a listed significant building or within
the next five successive business days, shall cause a copy of each
such application for a demolition permit to be forwarded to (or shall
satisfy himself that a duplicate of such application has been submitted
to) the Commission. No demolition permit shall be issued at that time.
B.
Promptly after receiving a copy of such application,
the Commission shall notify the applicant that if he or she desires
to request a waiver of the six-month demolition delay called for under
this bylaw, then a hearing fee of $250 must be received. The Commission
shall fix a reasonable time, within 30 days of receiving such payment,
for a hearing on any application and shall give public notice thereof
by publishing notice of the time, place and purpose of the hearing
in a local newspaper at least 14 days before said hearing and also,
within seven days of said hearing, mail a copy of said notice to the
property owners to be affected thereby, as they appear on the most
recent local tax list, to the Wakefield Planning Board and to such
other persons as the Commission shall deem entitled to notice.
[Amended 11-5-2018 RTM by Art.
18]
C.
If, after such hearing, the Commission determines
that the demolition of the significant building would not be detrimental
to the historical or architectural heritage or resources of the town,
the Commission shall so notify the Building Inspector within 10 days
of such determination. Upon receipt of such notification or after
the expiration of 15 days from the date of the conclusion of the hearing
if he has not received notification from the Commission, the Building
Inspector may, subjected to the requirements of the State Building
Code and any other applicable laws, bylaws, rules and regulations,
issue the demolition permit.
D.
If the Commission determines that the demolition of
the significant building would be detrimental to the historical or
architectural heritage or resources of the Town, such building shall
be considered a preferably preserved significant building.
E.
Upon a determination by the Commission that the significant
building which is the subject of the application for a demolition
permit is a preferably preserved significant building, the Commission
shall so advise the applicant and the Building Inspector, and no demolition
permit may be issued until at least six months after the date of the
application for demolition.
F.
Notwithstanding the preceding subsection, the Building
Inspector may issue a demolition permit for a preferably preserved
significant building at any time after receipt of written advice from
the Commission to the effect that either:
(1)
The Commission is satisfied that there is no reasonable
likelihood that either the owner or some other person or group is
willing to purchase, preserve, rehabilitate or restore such building;
or
(2)
The Commission is satisfied that for at least six
months the owner has made continuing, bona fide and reasonable efforts
to locate a purchaser to preserve, rehabilitate and restore the subject
building and that such efforts have been unsuccessful.
G.
No permit for erection of a new structure on the site
of an existing significant building may be issued prior to issuance
of a permit for demolition of such existing building.
[Amended 11-5-2018 RTM by Art.
18]
Nothing in this article shall be construed to
derogate in any way from the authority of the Inspector of Buildings
derived from MGL c. 143. However, before authorizing any emergency
demolition, the Building Inspector shall use reasonable efforts to
inform the Chairperson of the Historical Commission of his or her
intent to do so.
[Added 11-5-2018 RTM by Art. 18[1]]
A.
The Commission and the Building Inspector are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary or appropriate to obtain compliance with the requirements of this Chapter 126 and/or to prevent a threatened violation thereof.
B.
Any owner
of a significant building who demolishes such structure without first
obtaining a demolition permit in accordance with the provisions hereof
shall be subject to a fine of $300. Each day the violation exists
shall constitute a separate offense until a faithful restoration of
the demolished significant building is completed or unless otherwise
agreed by the Commission.
C.
If a significant building is demolished without a demolition permit having been issued in accordance with the provisions hereof, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership or control unless the permit is for the faithful restoration referred to in § 126-5B, above, or unless otherwise agreed by the Commission.
If any section, paragraph or part of this Article
is for any reason declared invalid or unconstitutional by any court,
every other section, paragraph and part shall continue in full force
and effect.
