BUSINESS DAY
Any day which is not a legal municipal holiday, Saturday
or Sunday.
DEMOLITION
Any act of pulling down, destroying, removing, razing or
moving a building or structure or any portion thereof, or commencing
the work of moving or of total or substantial destruction of a structure
or portion thereof, with the intent of completing the same.
INITIAL DETERMINATION
The evaluation process by which the Commission determines
if a structure or building complies with the definition of "significant
building or structure" or "preferably preserved."
PREFERABLY PRESERVED
Any significant building or structure that has been determined
by the Commission, because of its importance to the historical and/or
cultural resources of the Town, to be in the public interest to preserve.
SIGNIFICANT BUILDING OR STRUCTURE
Buildings and structures listed on the Massachusetts Historical
Commission's MACRIS (Massachusetts Cultural Resource Information System)
inventory of cultural and historic resources in the Town of Middleton.
The provisions of this bylaw shall apply only
to any building or structure which, in whole or in part, conforms
to the definition of "significant building or structure."
Once a significant building or structure is
determined to be a preferably preserved structure, the owner shall
be responsible for properly securing the building or structure, if
vacant, to the satisfaction of the Building Commissioner. Should the
owner fail to so secure the building or structure, a subsequent destruction
of the structure at any time during the six-month demolition delay
period, which destruction could have been prevented by the required
security measures, shall be considered a demolition in violation of
this bylaw.
Nothing in this bylaw shall be deemed to conflict
with the provisions of the Historic Districts Act, MGL c. 40C,
with respect to requirements of notice, hearing and issuance by the
Commission of a certificate of appropriateness, a certificate of nonapplicability
or a certificate of hardship prior to demolition of any building or
structure in an historic district.
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.