[HISTORY: Adopted by the Town of Bolton 5-7-2012 ATM by Art. 10 (5-5-1997 ATM by Art. 11; Section 1.17 of the Town Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 250.
The purpose of this bylaw is to establish a procedure for reviewing requests to demolish significant buildings in order to preserve, when possible, the historical, cultural and architectural heritage of Bolton.
As used in this bylaw, the following terms shall have the meanings indicated:
APPLICANT
The person or persons filing an application for review under this bylaw. If the person submitting the application is not the owner, the owner will be required to indicate his/her assent to the filing of the notice or application.
BUILDING
A structure capable of being used to shelter persons, animals, materials or equipment.
BUILDING INSPECTOR
The Bolton Inspector of Buildings or the person(s) otherwise authorized to issue demolition permits.
COMMISSION
The Bolton Historical Commission.
DAY
Any calendar day, including Saturdays, Sundays and holidays.
DEMOLITION
Any voluntary act of pulling down, destroying, burning, removing, or razing a building in whole or in part; commencing the work of destruction; or allowing the same to be done by others.
DEMOLITION PERMIT
Any permit (demolition, alteration, building) issued by the Building Inspector, as required by the State Building Code, which authorizes the demolition of a building (excluding interior demolition).
PREFERABLY PRESERVED SIGNIFICANT BUILDING
Any significant building for which it is determined, after hearing, that it is in the public's interest to preserve or rehabilitate rather than demolish under this bylaw.
SIGNIFICANT BUILDING
Any building which is historical by reason of its age (in whole or in part 75 or more years) and is determined by the Commission to be either:
A. 
Associated with a person or event contributing to the cultural, political, economic, social or architectural history of the Town, commonwealth or the United States of America; or
B. 
Historically or architecturally important (in terms of period, style, construction, or association with an architect or builder), either by itself or in the context of a group of buildings.
A. 
No demolition permit shall be issued for a significant building without first fully complying with the provisions of this bylaw.
B. 
A written demolition permit application shall be filed with the Building Inspector.
[Amended 5-7-2001 ATM by Art. 5]
C. 
If the demolition permit application is for a building which is 75 or more years old, the building's historical significance will be determined by the Commission within 14 days of the Commission's receipt of the application. The Commission will notify the Building Inspector and applicant in writing of this initial determination. If the building is not determined to be significant, the Building Inspector may issue a permit to demolish in accordance with all applicable procedures.
D. 
If the building is determined to be significant, the Commission shall hold a public hearing within 30 days of this initial determination to further determine whether the demolition of the building will be detrimental to the historical, cultural or architectural heritage of the Town. Notice of the time, place and purpose of the hearing shall be given twice in a local newspaper, the first notice at least 14 days before and the second notice at least seven days before such hearing, and by posting a notice in the Town Hall for a period of at least 14 days before such hearing and by mailing a notice of hearing to the applicant.
E. 
A determination shall be made by the Commission within seven days of the close of the public hearing. The applicant, Building Inspector and the Town Clerk shall be provided with a copy of the determination.
F. 
If the Commission determines the demolition of the building in question is not detrimental to the historical, cultural or architectural heritage of the Town, the applicant may apply for the necessary permits to begin work.
G. 
If the Commission determines the demolition of the building in question is detrimental to the historical, cultural or architectural heritage of the Town, the building shall be deemed a preferably preserved significant building and no further demolition permits may be applied for or issued for a period of six months from the date of such determination.
H. 
During the six-month period, the Commission will invite the applicant (and owner of record, if different from the applicant) to participate in an investigation of alternatives to demolition. If acceptable alternatives are agreed upon by the Commission and the applicant, the Commission will file a copy of said agreement with the Building Inspector and Town Clerk and the applicant may apply for necessary permits to begin work. Work shall only be done in accordance with the terms of the agreement unless and until new permit applications are filed and processed hereunder.
I. 
If the Commission is satisfied that there is no feasible alternative to demolition, the Commission may so advise the applicant, Building Inspector and Town Clerk in writing, at any time during this six-month period, and the Building Inspector may issue a permit to demolish in accordance with all applicable procedures.
Nothing in this bylaw restricts the demolition of a significant building determined by the Building Inspector to present a danger to public safety which only demolition can prevent. Such a determination shall be made in accordance with the applicable provisions of the State Building Code and after consultation with the Commission Chairperson or designee. Whenever an emergency demolition permit is issued under the provisions of this section, a written report must be filed with the Commission describing the condition of the building and the basis for the determination.
A. 
The Commission and the Building Inspector are each authorized to enforce the provisions of this bylaw.
B. 
The Building Inspector shall not issue a permit pertaining to any property on which a significant building has been demolished voluntarily in whole or in part without first fully complying with the provisions of this bylaw for a period of two years from the date of demolition.
C. 
The provisions of this chapter may be enforced by noncriminal disposition pursuant to Chapter 1, General Provisions, Article III, § 1-5, of the Code of the Town of Bolton.
A. 
The Commission may adopt such rules and regulations as are necessary to administer the terms of this bylaw.
B. 
The Commission is authorized to adopt a schedule of fees to cover the costs associated with the administration and review of any application which is filed under this bylaw.
If any provision of this bylaw is determined to be invalid or unconstitutional by any court, every other section shall continue in full force and effect.