1986-03-03 to 1986-05-12-ATM-min

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Adjourned Session of the 1986 Annual Town Meeting April 14, 1986) 26B Article 39. (Article 39 as filed with the Town Clerk, as amended, and as adopted (Cont.) (Cont.) the Commission shall so notify the Building Commissioner with in'.ten (10) days of such determination. Upon receipt of such notification, (As or after the expiration of fifteen (15) days from the date of the adopted) conduct of the hearing if he has not received notification from the Commission, the Building Commissioner may, subject to the requirements of the State Building Code and any other applicable laws, by-laws, rules and regulations, issue the demolition permit. 3.4 If the Commission determines that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the Town, such building shall....` be considered a preferably - preserved significant building. 3.5 Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a preferably- preserved significant building, the Commission shall so advise the applicant and the Building Commissioner, and no demolition permit may be issued until at least six months after the date of such determination by the Commission. 3.6 Notwithstanding the preceding sentence, the Building Commissioner may issue a demolition permit for a preferably- preserved significant building at any time after receipt of written advice from the Commission to the effect that either (i) the Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building, or (ii) The Commission is satisfied that for at least six months the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the ) subject building, and that such efforts have been unsuccessful. I Section 4. Enforcement and Remedies 4.1 The Commission and the Building Commissioner are each author- ized to institute any and all proceedings in law or equity as they deem necessary and appropriate to obtain compliance with the require- ments of this by -law, or to prevent a violation thereof. 4.2 No building permit shall be issued with respect to any premises upon which a significant building has been voluntarily demolished in violation of this by -law for a period of two years after the date of the completion of such demolition. As used herein "premises" includes the parcel of land upon which the demolished significant building was located. 4.3 Upon a determination by the Commission that a building is a preferably- preserved significant building, the owner shall be responsible for properly securing the building if vacant, to the satisfaction of the Building Commissioner. Should the owner fail so to secure the building, the loss of such building through fire or other cause shall be considered voluntary demolition for the purposes of Section 4.2. Section 5. Severabilit t f any section, paragraph or part of this by -law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect. Adopted by voice vote. 8o43 P.M.)