[HISTORY: Adopted by the Town Meeting of the Town of Middleborough
10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 275.
This bylaw has been prepared by the Middleborough Historical
Commission in order to protect and preserve historically significant
structures, and to encourage owners of such structures to seek out
persons who might be willing to purchase, preserve, rehabilitate,
restore or remove such structures rather than demolish them as outlined
in the Massachusetts Historical Commission Preservation Planning Manual.
To achieve these purposes, the Middleborough Historical Commission
is empowered to advise the Building Inspector with respect to the
issuance of permits for demolition as defined in this bylaw.
As used in this bylaw, the following terms shall have the meanings
indicated:
An application for a permit for the demolition or razing
of a structure.
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
The Middleborough Historical Commission as established under
MGL c. 40, § 8D.
The act of pulling down, destroying, removing or razing an
entire building or commencing or carrying out the work of total or
substantially total destruction of an entire building with the intent
of completing the same. Excluded from this definition shall be pulling
down, destroying, removing or razing a part of a building if a substantial
part of the building will remain after such work is completed.
Any demolition permit issued by the Inspector of Buildings
under the State Building Code which authorizes the destruction, demolition
or removal of an entire building or substantially an entire building.
Excluded from this definition shall be any demolition permit which
authorizes destruction, demolition or removal of a part of a building
if a substantial part of the building will remain after such work
is completed.
The parcel of land on which a significant structure is located.
Any building or portion thereof which:
Is listed on, or is within an area listed on, the National Register
of Historic Places or is the subject of a pending application for
listing on said National Register; or
Is included in the Cultural Resources Inventory prepared by
the Commission, including those buildings listed for which complete
surveys may be pending; or
Has been determined by vote of the Commission to be historically
or architecturally significant in terms of period, style, method of
building construction, or association with a famous architect or builder,
provided that the owner of such a building and the Building Commissioner
have been notified, in hand or by certified mail, of such vote.
A.
Upon receipt of an application for a demolition permit, the Building
Inspector shall, within five working days, forward a copy to the Chairman
of the Historical Commission or his/her designee. No demolition permit
shall be issued at this time.
B.
Within 20 days from its receipt of a demolition permit application,
the Commission shall determine whether the structure in question is
a significant structure. The applicant for said permit may, within
this time frame, make a presentation to the Commission if he or she
chooses to do so. If the Commission determines that the structure
is not a significant structure, the Commission shall so notify the
Building Inspector and/or owner(s) of the structure(s) in writing
within five days of such determination and at this time a demolition
permit may be issued.
C.
If the Commission finds that the structure is a significant structure, the Commission, in cooperation with the applicant, shall fix the date for a public hearing. The expense of such notice shall be borne by the demolition permit applicant and the applicant shall give public notice thereof by publishing notice of the time, place, and purpose of said hearing in a local newspaper, and also at the Town Hall, at least 14 calendar days prior to said hearing. In addition to this, notice shall be mailed to the applicant(s) within seven days of said hearing, and to the abutters of said premises in question within a radius of not more than 300 feet, as they appear on the most recent tax list. The hearing shall be held no later than 30 days from the determination under Subsection B that a structure is a significant structure.
E.
If, after such hearing, the Commission determines that the demolition
of the significant structure 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 calendar days of
such determination. Upon receipt of such notification, or after 15
calendar days from the date of the conduct of the hearing, if the
Building Inspector has not received notification from the Commission,
he/she may, subject to the requirements of the State Building Code
and any other applicable laws, bylaws, or rules and regulations, issue
the demolition permit.
F.
If the Commission determines that the demolition of the significant
structure would be detrimental to the historical or architectural
heritage or resources of the Town, such structure shall be considered
to be a "preferably preserved significant structure." At this time,
the Commission shall give a written statement to the owner(s) of said
structure and all concerned parties, as well as the Building Inspector
and any other Town offices that the Commission deems necessary to
notify, outlining and defining the reason(s) for such determination.
In order to allow the applicant(s) of a preferably preserved significant
structure the time to find alternative methods as opposed to demolition,
no demolition permit shall be issued for the structure in question
for a period of not more than 12 months from the date of such determination
by the Commission. If the building is listed as a National Register
property, either individually or as a contributing resource within
a National Register District, the period shall be no more than 18
months.
G.
Notwithstanding the preceding sentence, the Building Inspector may
issue a demolition permit for a preferably preserved significant structure
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(s), applicant(s) or some other person(s) or
group is willing to purchase, preserve, rehabilitate, restore or remove
such structure in question; or
(2)
The Commission is satisfied that the owner has made continuing, bona
fide and reasonable efforts to locate a purchaser to preserve, rehabilitate,
restore or remove the subject structure, and that such efforts have
been unsuccessful.
H.
If a structure poses an immediate threat to public health or safety
due to its deteriorated condition, the owner(s) of said structure
may request issuance of an emergency demolition permit from the Building
Inspector. At this time, the Building Inspector shall arrange to have
the property inspected by himself or his designee. If the Building
Inspector finds that the condition of the structure poses a serious
and imminent threat to public health and safety and that there is
no reasonable alternative to the immediate demolition of the structure,
then the Building Inspector may at this time issue an emergency demolition
permit under these provisions, he shall prepare a written report surrounding
the basis for his/her decision to issue an emergency demolition permit
with the Commission. Nothing in this bylaw shall be inconsistent with
the procedures for the demolition and/or securing of structures established
by MGL c. 143, §§ 6 through 10. In the event that a
Board of Survey is convened under the provisions of MGL c. 143, § 8
with regard to any structure identified in this bylaw, the Building
Inspector shall request the Chairman of the Middleborough Historical
Commission, or his/her designee, to accompany the Board during its
inspection. A copy of the written report prepared as a result of such
inspection shall be filed with the Commission.
The owner(s) of a preferably preserved significant structure
shall be responsible for participating in the investigation of options
and for facilitating the process by providing any necessary information,
allowing access to the property, securing the premises, and being
actively cooperative in seeking alternatives with the Commission and
any interested parties.
A.
The Commission and the Building Inspector are each authorized to
institute any and all proceedings in law or equity as they deem necessary
and appropriate to obtain compliance with the requirements of this
bylaw or to prevent a violation thereof.
B.
Anyone who demolishes a structure, in whole or in part, as defined within § 122-2 of this bylaw, without notifying or receiving prior consent from the Commission or Building Inspector, shall be subject to a fine of not more than $300. If the Commission subsequently determines that the building that has been demolished was a significant structure, a building permit for said premises shall not be issued for a period of two years from the date of such demolition.
If any section, paragraph or part of this bylaw is for any reason
declared invalid or unconstitutional by any court, every other section,
paragraph and part shall continue in full force and effect.
