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:
APPLICATION
An application for a permit for the demolition or razing
of a structure.
BUILDING INSPECTOR
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
COMMISSION
The Middleborough Historical Commission as established under
MGL c. 40, § 8D.
DEMOLITION
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.
DEMOLITION PERMIT
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.
PREMISES
The parcel of land on which a significant structure is located.
SIGNIFICANT STRUCTURE
Any building or portion thereof which:
A.
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
B.
Is included in the Cultural Resources Inventory prepared by
the Commission, including those buildings listed for which complete
surveys may be pending; or
C.
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.
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.
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.