BUILDING INSPECTOR
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
BUILDINGS AND STRUCTURES
Any combination of materials forming a shelter for persons,
animals, or property that constitute the historic built environment
of the Town.
COMMISSION
The Southborough Historical Commission.
DEMOLITION
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.
DEMOLITION BY NEGLECT
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.
DEMOLITION PERMIT
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.
HISTORICALLY OR ARCHITECTURALLY SIGNIFICANT 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.
PREFERENTIALLY PRESERVED
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.
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.
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.