[HISTORY: Adopted 4-10-1979 Annual Town Meeting, Art. 18. Amendments noted where applicable.]
[Amended 4-23-2007 ATM, Art. 29]
This bylaw is enacted for the purpose of protecting the historically and architecturally significant buildings within the Town and to encourage owners of such properties to seek out persons who might be willing to purchase, preserve, rehabilitate or restore such buildings rather than demolish them.
COMMISSION
The Northborough Historical Commission.
DAY
Any calendar day, including Saturdays, Sundays and holidays.
DEMOLITION
Any voluntary act of pulling down, destroying, burning, removing, or razing of a building in whole or in part; commencing the work of destruction; or allowing the same to be done by others.
INSPECTOR
Building Inspector.
SIGNIFICANT BUILDING
A. 
Any building in the Town of Northborough which is historical by reason of its age (in whole or in part 100 or more years) and:
(1) 
Researched and found by the Commission to be historically significant, or architecturally significant; or
(2) 
Listed on the National Register of Historic Places or included in the Massachusetts Historical Commission Inventory of Historic and Archaeological Assets or a Town Historic District.
A. 
Within seven days of receipt of an application for a demolition permit for a structure that is, in whole or in part, 100 years or more old, the Inspector shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time.
B. 
(1) 
Within 30 days of the Commission’s receipt of a demolition permit application, the Commission shall determine whether the structure is a significant building. The Commission shall hold a public hearing for that purpose, notice of which shall be posted in the Town Hall at least seven days prior to the hearing. Written notice of the hearing shall also be provided to the owner and the Inspector. If the Commission determines the structure is not a significant building, the Commission shall notify the Selectman and Inspector in writing and the Inspector may issue a demolition permit.
If the structure is determined to be a significant building, the Commission shall so advise the owner, the Inspector and the Selectman in writing. The Inspector shall not issue a demolition permit for a period of 180 days from the date of application for such permit.
(2) 
During the 180-day period, the Commission will invite the applicant (and owner of record, if different from the applicant) to participate in an investigation of alternatives to demolition.
C. 
The Commission shall notify the Selectman and Inspector if the applicant and/or property owner has made a reasonable and unsuccessful effort to locate a purchaser for the building or structure who has agreed to preserve, rehabilitate, restore or relocate the same, or has agreed to alternatives to demolition, and the Commission is satisfied that there is no feasible alternative to demolition. This notice will be in writing, and may occur at any time during the 180-day period. The Inspector may then issue a permit to demolish in accordance with all applicable procedures.
Nothing in this bylaw shall restrict or prevent the Inspector from ordering the immediate demolition of any building or structure that is determined to be imminently dangerous or unsafe to the public. The Inspector shall file a copy of any such order of emergency demolition with the Commission.
In case any section, paragraph or part of this bylaw be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.
The Commission and the Inspector are each authorized to enforce the provisions of this bylaw.
The Inspector shall not issue a building permit pertaining to any property on which a significant building has been demolished voluntarily in whole or in part without full compliance with the provisions of this bylaw for a period of two years from the date of such demolition.