[HISTORY: Adopted by the Town Meeting of the Town of Southborough 4-14-2015 ATM by Art. 29. Amendments
noted where applicable.]
A.
This bylaw is enacted for the purpose of protecting and preserving
significant buildings and structures within the Town of Southborough
which constitute or reflect distinctive features of the architectural
or historical resources of the Town, and to encourage owners of such
buildings and structures to seek out alternative options to preserve,
rehabilitate or restore such buildings rather than to demolish them,
thereby promoting the public welfare and preserving the cultural heritage
of the Town.
B.
To achieve these purposes, the Southborough Historical Commission
is authorized to advise the Building Inspector 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 by this bylaw.
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
Any combination of materials forming a shelter for persons,
animals, or property that constitute the historic built environment
of the Town.
The Southborough Historical Commission.
Any act of pulling down, destroying, removing or razing a
building or commencing the work of total or substantial exterior destruction
with the intent of completing the same.
A process of ongoing damage to the features, viability and/or
functionability of an unoccupied building leading towards and/or causing
its eventual demolition due to decay and/or structural failure and/or
severe degradation over a period of time as a result of a general
lack of maintenance, and/or failure to secure the building from pests
or vandals, and/or failure to take reasonable measures to prevent
the ingress of water, snow, ice, and wind through the roof, walls,
or apertures.
The permit issued by the Building Inspector for a demolition,
substantial demolition or removal of a building, excluding a demolition
permit issued solely for the demolition of the interior of a building.
Any building, in whole or in part, which was constructed
prior to 1925 and is included in the Southborough Massachusetts Historic
Properties Survey prepared by the Commission in 2000 (with revisions
and updates in 2015) on file with the Town Clerk's office.
Any historically or architecturally significant building
which the Commission determines is in the public interest to be preserved
or rehabilitated rather than to be demolished.
A.
No permit for the demolition of a historically or architecturally
significant building shall be issued other than in conformity with
the provisions of this bylaw, as well as in conformity with the provisions
of other laws applicable to the demolition of buildings and the issuance
of permits generally.
B.
Application contents: Every application for a demolition permit for
a historically or architecturally significant building shall be filed
with the Building Inspector and shall contain the following information:
(i) the address of the building to be demolished; (ii) the owner's
name, address and telephone number; (iii) a brief description of the
type of building and the condition requiring issuance of the permit;
(iv) date of building as established by the Board of Assessors, deed
or documentation verifying year of construction; and (v) a brief description
of the proposed reuse, reconstruction or replacement on the premises
upon which the building is located.
C.
Within seven business days from receipt of an application for a demolition
permit of a historically or architecturally significant building,
the Building Inspector shall forward a copy to the Commission. No
demolition permit shall be issued during this time.
D.
Within 10 business days after receipt of the application for demolition
permit by the Commission, the Commission shall make a determination
of architectural and/or historical significance based upon the federal
Secretary of the Interior's standards for historic buildings.
Upon determination by the Commission that the building is not architecturally
and/or historically significant, the Commission shall so notify the
Building Inspector in writing. Upon receipt of such notification,
or after the expiration of 15 business days from the date of submission
to the Commission, if the Building Inspector has not received notification
from the Commission, the Building inspector may issue the demolition
permit.
E.
Upon determination by the Commission that the building is historically
and/or architecturally significant, the Building Inspector and applicant
shall be so notified in writing, and a demolition permit shall not
be issued. The Commission shall hold a public hearing within 45 business
days of the determination of significance to determine whether the
building should be preferentially preserved. Public notice of the
time, place and purpose of the hearing shall be published by the Building
Department at the expense of the applicant in a newspaper of general
circulation in the Town not less than seven days before the day of
said hearing and shall be posted in a conspicuous place in the Town
Hall for a period of not less than seven days before the day of said
hearing.
[Amended 3-23-2019 ATM
by Art. 26]
F.
If after a public hearing the Commission determines that the significant
building should not be preferentially preserved, the Commission shall
notify the Building Inspector, in writing, within five business days
of the hearing, and the Building Inspector may issue a demolition
permit upon receipt of the written decision.
G.
If after a public hearing the Commission determines that the significant
buildings should be preferentially preserved, the Commission shall
so notify the Building Inspector in writing within five business days
of the hearing, and no demolition permit may be issued until nine
months after the date of the determination by the Commission.
H.
Notwithstanding anything contained in Subsection G, the Building Inspector may issue a demolition permit for a preferably preserved 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 nine months the owner
has made continuing, bona fide and reasonable efforts to locate a
purchaser to preserve, rehabilitate or restore the subject building,
and that such efforts have been unsuccessful.
It shall be the responsibility of the owner of record or his
designee to assist in the facilitation of the above process by providing
information, allowing access to the property and securing the premises;
for participating in the investigation of preservation options; and
for actively cooperating in seeking alternatives with the Commission
and any interested parties.
Nothing in this bylaw shall prohibit the Building Inspector
from immediately ordering the demolition of any building in the event
of imminent danger to the safety of the public pursuant to the applicable
standards under the State Building Code.
A.
If the Building Inspector has reason to believe, through visual inspection
or other means, that a significant building may be undergoing demolition
by neglect, then the Building Inspector shall notify the Commission
and the owner, and the Commission and the Building Inspector shall
jointly hold a public hearing to i) confirm whether or not the building
is a significant building, and ii) determine whether or not it is
undergoing demolition by neglect, which shall require the concurrence
of the Commission. In furtherance of determining its condition, the
Commission may, at any time, request an inspection of the building
by the Building Inspector.
B.
If the Commission and the Building Inspector agree that the building
is undergoing demolition by neglect, the Commission and the Building
Inspector shall attempt to negotiate a voluntary agreement with the
owner for appropriate and timely repairs sufficient to structurally
stabilize the building and/or prevent further deterioration. The Building
Inspector will report the result to the Commission.
C.
In the event that the Building Inspector determines that he is not
able to negotiate such an agreement with the owner, for any reason,
or that the owner has agreed to undertake but has failed to satisfactorily
complete such repairs in a timely manner, then the Building Inspector
may take such action as is permitted, including seeking a court order
that specific repairs be undertaken to secure the building against
the elements, vandals and vermin, to halt further deterioration, and
to stabilize it structurally. The Building Inspector may forbear from
commencing an action in court for any reason and will preferentially
consider any claim of undue economic hardship by the owner.
D.
Upon completion of all repairs that have been agreed upon between
the owner and the Building Inspector or that have been ordered by
the Building Inspector, or that have been ordered by the court, and
upon certification by the Building Inspector that said repairs have
been completed, the Building Inspector shall certify that the building
is no longer undergoing demolition by neglect.
The Building Inspector is specifically authorized to institute
any and all actions and proceedings, in law or equity, as he or she
may deem necessary and appropriate to obtain compliance with the requirements
of this bylaw or to prevent a threatened violation thereof. No building
permit shall be issued with respect to any premises upon which a significant
building has been voluntarily demolished in violation of this bylaw
for a period of two years after the date of the completion of such
demolition. As used herein, "premises" refers to the parcel of land
upon which the demolished significant building was located and all
adjoining parcels of land under common ownership or control.
Nothing in this bylaw shall be deemed to conflict with the provisions
of the Historic Districts Act, MGL c. 40C. If any of the provisions
of this bylaw do so conflict, that Act shall prevail.
The Historical Commission is authorized to promulgate from time
to time rules and regulations it deems necessary to administer the
bylaw that are not inconsistent with applicable state law.
If any provision, section, paragraph, sentence or word or other
part of the bylaw provisions, for any reason, is determined by a court
of competent jurisdiction to be invalid, unenforceable or unconstitutional,
then it is the intent of this bylaw for Home Rule purposes that the
remaining provisions continue in full force and effect.