For the purposes of this bylaw, the following words and phrases
have the following meanings:
DEMOLITION PERMIT
The permit issued by the Building Inspector as required by
the State Building Code for the demolition, partial demolition or
removal of a building or structure.
HISTORICALLY SIGNIFICANT BUILDING, STRUCTURE OR ARCHAEOLOGY
SITE
One which is:
A.
Importantly associated with one or more historic persons or
events, or with the architectural, cultural, political, economic or
social history of the Town, the Commonwealth of Massachusetts or the
United States of America; or
B.
Historically or architecturally important by reason of period,
style, method of building construction or association with a particular
architect or builder, either by itself or in the context or a group
of buildings or structures.
SHC
The Sudbury Historical Commission.
The provisions of this bylaw shall apply only to the following
buildings or portion thereof or structures:
A. A building or portion thereof, structure or archaeology site listed
on the National Register of Historic Places or the State Register
of Historic Places, or the subject of a pending application for listing
on either of said Registers; or
B. A building or portion thereof, structure or archaeology site located
within 200 feet of the boundary line of any federal, state or local
historic district; or
C. A building or portion thereof, structure or archaeology site included
in the Inventory of the Historic and Prehistoric Assets of the Commonwealth,
or designated by the SHC for inclusion in said Inventory; homes listed
in the "Old Homes Survey" of the SHC, plus those structures or portion
thereof constructed prior to January 1, 1940, Town-wide or any building
or portion thereof or structure of indeterminate age. Notwithstanding
the preceding sentence, the provisions of this bylaw shall not apply
to any building or portion thereof or structure located in a local
historic district and subject to regulation under the provisions of
Chapter 40C of the Massachusetts General Laws.
[Amended 10-23-2023 STM
by Art. 2]
If the condition of a building or structure poses a serious and imminent threat to the public health or safety due to its deteriorated condition, the owner of such building or structure may request the issuance of an emergency demolition permit from the Building Inspector. As soon as practicable after the receipt of such a request, the Building Inspector shall inspect the property with a member of the SHC or designee. After the inspection of the building or structure, the Building Inspector shall determine whether the condition of the building or structure represents a serious and imminent threat to public health or safety and whether there is any reasonable alternative to the immediate demolition of the building or structure which would protect the public health or safety. If the Building Inspector finds that the condition of the building or structure poses a serious and imminent threat to public health or safety, and that there is no reasonable alternative to the immediate demolition thereof, they may issue an emergency demolition permit to the owner of the building or structure. Whenever the Building Inspector issues an emergency demolition permit under the provision of this section, they shall prepare a written report describing the condition of the building or structure and the basis for their decision to issue an emergency demolition permit with the SHC. Nothing in this section shall be inconsistent with the procedures for the demolition and/or securing of buildings and 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 building or structure identified in §
145-3 of this bylaw, the Building Inspector shall request the Chair of the SHC or their designee to accompany that Board of Survey during its inspection. A copy of the written report prepared as a result of such inspection shall be filed with the SHC.
Anyone who demolishes a building or structure identified in §
145-3 of this bylaw without first obtaining, and complying fully with the provisions of, a demolition permit shall be subject to a fine of $300. In addition, unless a demolition permit was obtained for such demolition, and unless such a permit was fully complied with, the Building Inspector shall not issue a building permit pertaining to any parcel on which a building or structure identified in §
145-3 of this bylaw has been demolished for a period of five years after the date of demolition.
As determined by the SHC, a building permit may be issued at any time for new construction after the six-month delay, but within the five-year period as described in §
145-6, which would replicate the exterior of the demolished significant structure, including but not limited to use of materials, design, dimensions, massing, arrangement of architectural features and execution of decorative details.
Any person aggrieved by a determination of the SHC may, within
60 days, in accordance with MGL c. 249, § 4, after the filing
of the notice of such determination with the Building Inspector, appeal
to the Superior Court for the Middlesex County. The Court shall hear
all pertinent evidence and shall annul the determination of the SHC
if it finds the decision of the Commission to be unsupported by the
evidence or exceed the authority of the Commission or may remand the
case for further action by the SHC or make such other decree as justice
and equity require.
In case any section, paragraph or part of this bylaw is declared
invalid or unconstitutional by any court of competent jurisdiction,
every other section, paragraph and part of this bylaw shall continue
in full force and effect.