This bylaw is enacted for the purpose of preserving and protecting
significant buildings and structures within the Town of Sturbridge
which constitute or reflect distinctive features of the architectural,
historical or cultural history of the Town and to limit the detrimental
effect of demolition on the character of the Town. Through this bylaw,
owners of preferably preserved buildings are encouraged to seek out
alternative options that will preserve, rehabilitate or restore such
buildings and residents of the Town are alerted to impending demolitions
of significant buildings. By preserving and protecting significant
buildings, streetscapes and neighborhoods, this bylaw promotes the
public welfare by making the Town a more attractive and desirable
place in which to live and work. To achieve these purposes, the Historical
Commission is authorized to advise the Building Inspector with respect
to demolition permit applications. The issuance of demolition permits
is regulated as provided by this bylaw.
As used in this bylaw, the following terms shall have the meanings
indicated:
APPLICANT
Any person or entity who files an application for a demolition
permit. If the applicant is not the owner of the premises upon which
the building is situated, the owner must indicate on or with the application
his/her assent to the filing of the application.
APPLICATION
An application for the demolition of a building.
BUILDING
Any combination of materials forming a shelter for persons,
animals or property.
BUILDING INSPECTOR
The person occupying the Office of Building Inspector or
otherwise authorized to issue demolition permits.
COMMISSION
The Town of Sturbridge Historical Commission or its designee.
DEMOLITION
Any act of pulling down, destroying, removing, dismantling
or razing a building or commencing the work of total or substantial
destruction with the intent of completing the same.
DEMOLITION PERMIT
The building permit issued by the Building Inspector for
a demolition of a building, excluding a building permit issued solely
for the demolition of the interior of a building.
PREFERABLY PRESERVED
Any significant building which the Commission determines,
following a public hearing, that it is in the public interest to be
preserved rather than demolished. A preferably preserved building
is subject to the twelve-month demolition delay period of this bylaw.
SIGNIFICANT BUILDING
Any building within the Town which is in whole or in part
100 years or more old and which has been determined by the Commission
or its designee to be significant based on any of the following criteria:
A.
The building is listed on, or is within an area listed on, the
National Register of Historic Places; or
B.
The building has been found eligible for the National Register
of Historic Places; or
C.
The building is importantly associated with one or more historic
persons or events, or with the broad architectural, cultural, political,
economic or social history of the Town or the Commonwealth; or
D.
The building is historically or architecturally important (in
terms of period, style, method of building construction or association
with a recognized architect or builder), either by itself or in the
context of a group of buildings.
The Commission may adopt such rules and regulations as are necessary
to administer the terms of this bylaw. The Commission is authorized
to adopt a schedule of reasonable fees to cover the costs associated
with the administration of this bylaw. The Commission may delegate
authority to make initial determinations of significance to one or
more members of the Commission or to a municipal employee. The Commission
may proactively develop a list of significant buildings that will
be subject to this bylaw. Buildings proposed for the significant building
list shall be added following a public hearing.
If, after an inspection, the Building Inspector finds that a
building subject to this bylaw is found to pose an immediate threat
to public health or safety due to its deteriorated condition and that
there is no reasonable alternative to the immediate demolition of
the building or structure, then the Building Inspector may issue an
emergency demolition permit to the owner of the building or structure.
The Building Inspector shall then prepare a report explaining the
condition of the building and the basis for his decision, which shall
be forwarded to the Commission.
Following a determination that the building is significant and
preferably preserved, the Commission may recommend to Town Meeting
that the building be protected through the provisions of Massachusetts
General Laws Chapter 40C, the Historic Districts Act. The steps required
under MGL Chapter 40C shall be followed prior to the establishment
of a Local Historic District. Nothing in this bylaw shall be deemed
to conflict with the provisions of the Historic District Act, MGL
Chapter 40C. If any of the provisions of this bylaw do so conflict,
that Act shall prevail.
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.