ARTICLE 28
Demolition of Historical or Architecturally Significant
Buildings in the Town of Westborough
Section 1. Intent and Purpose.
This Bylaw is enacted for the purpose of protecting the historically or 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.
Section 2. Definitions
Commission The Westborough Historical Commission
Inspector Building Inspector
Demolition Any act of pulling down, destroying, removing or razing a building, or commencing the work of total or substantial destruction with the intent of completing the same.
Significant Building
(a) any building listed on the National Register of Historic Places or included in the National Historic District.
(b) any building researched and found by the Commission to be historically significant, or rchitecturally significant in terms of construction, or association with a famous architect or builder.
Section 3. Procedure
(a) Within seven (7) days of receipt of an application for a demolition permit for a structure built prior to 1950, the Inspector shall forward a copy thereof to the Commission. No demolition permit should be issued at that time.
(ATM04)
(b) Within twenty (20) days from its receipt of a demolition permit application, the Commission shall determine whether the structure is not a significant building. If the Commission determines the structure is not a significant building the Commission shall notify the 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 and the Inspector. The Inspector shall not issue a demolition permit for a period of one hundred eighty (180) days from the date of application unless the Commission informs the Inspector prior to the expiration of said one hundred eighty (180) days that the applicant for the demolition has made a
reasonable but unsuccessful effort to locate a purchaser for the structure or one who is willing to preserve, rehabilitate or restore the structure, or has agreed to accept a demolition permit on specified conditions approved by the Commission. (ATM04)
Section 4. Emergency Demolition.
Nothing in this Bylaw shall restrict the Building Inspector from immediately ordering the demolition of any building in the event of an imminent danger to the safety of the public.
Section 5. Enforcement and Remedies
(a) The Building Inspector and/or the commission are authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this Bylaw or to prevent a threatened violation thereof.
(b) No building permit shall be issued with respect to any premises upon which a building built prior to 1950 has been voluntarily demolished with disregard for the provisions of the 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 building was located and all adjoining parcels of land under common ownership or control.
Section 6. Severability
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.
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