[MassHistPres] Brookline/Cambridge/Boston/Newton

[Dennis De Witt]

Laura

I'm glad you raised the question of Newton's demolition delay because  
one of our Selectmen used a Newton case involving the replacement of  
a portico on a 20th C house as a "horror story" which I thought might  
derail us.  We had to do an internet search to show how Brookline's  
definition and practice was more like everyone else's and Newton's  
was very different.

The memo is extracted and updated below.  We do not have an age cut  
off or list but as a practical matter, I think we have perhaps  
delayed only two buildings that were not quite 50 years old.

Dennis





Selectman .... asked about the definition “partial demolition” in  
relation to those used elsewhere in Massachusetts.  He specifically  
cited the case of the removal of a portico in Newton that had been  
subject to demolition review.

Our presentation referenced Cambridge because the original language  
of Brookline’s Demolition Delay law largely mirrors Cambridge’s — as  
is true, to varying degrees, of most of the state’s 75 Demolition  
Delay laws.

In some respects Cambridge’s and Brookline’s Demolition Delay  
practices differ more than might be assumed from a reading of their  
respective present statutes.  That is one reason for some of the  
proposed changes.

Newton operates differently than Brookline and Cambridge.  Newton has  
multiple Local District Commissions and a separate Historical  
Commission which handles demolition cases .  Newton’s “partial  
demolition” review criteria are unlike those of any other  
municipality.  The removal of a doorway portico, like that mentioned  
probably would not be considered “partial demolition” anywhere else  
in the state.  (See below.).

Perhaps a few times a year, something like a garage wing will be  
referred to the Commission by the building department.  These are  
almost always found non-significant by staff.  Perhaps a half dozen  
partial demolition cases have been reviewed by the commission since  
the law came into effect.  These include the old 1840s back half of  
St. Mary’s rectory, the Kennard House wing, and a few others.  One  
conspicuous example should have been reviewed, but wasn’t: a Tudor  
house on the top of Fisher Hill that was all but demolished in  
several bites.  A few more cases might be covered by the new definition.

To provide some context for this discussion, below are Brookline’s  
old and new definitions of demolition, as well as Cambridge’s and  
Newton’s, followed by 10 others from around the state.

Brookline (old)

— the same as the definition in Cambridge’s ordinance, but without  
the final phrase.

“Demolition” - the act of pulling down, destroying, removing or  
razing a building or commencing the work of total or substantial  
destruction.

Brookline (new) —

h. "Demolition" – (a) the act of pulling down, destroying, removing  
or razing a Building or a significant portion thereof, by removing  
one side of the building, or removing the roof, or removing 25% of  
the structure; (ii) moving a Building from its site with no permitted  
new location for said Building; (iii) in the case of a Building  
within Section 5.3.5(b), substantially gutting (as defined by the  
Preservation Commission per section 5.3.14) an interior space that  
has generally been open to the public and is integral to the historic  
character of the building; (iv) in the case of a building within  
Section 5.3.5(b), the systematic removal, effacement, or destruction  
of the exterior architectural elements which define or contribute to  
the historic character of the Building, or (v) commencing any of the  
foregoing work.  "Demolition" as used herein shall be deemed to  
include Demolition by Neglect.
i. “Demolition by Neglect” - a process of ongoing damage to the  
fabric, viability and/or functionability of a building leading  
towards and/or causing its eventual demolition due to decay and/or  
structural failure and/or severe degradation over a period of time as  
a result of a general lack of maintenance, and/or failure to secure  
the building from pests or vandals, and/or failure to take reasonable  
measures to prevent the ingress of water, snow, ice, and wind through  
the roof, walls, or apertures.

Cambridge
(from the Cambridge Historic Commission web page)  The underlined  
portion is the definition in Cambridge’s ordinance which has never  
been modified.  The bullet pointed examples of partial demolition  
have been added by regulation.

Demolition is defined in the ordinance as "the 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."  The Inspectional Services Commissioner has provided further  
guidelines to outline what actions require a demolition permit.  In  
addition to complete demolition of a building, the following actions  
may require a demolition permit,
• removal of a roof (for example, raising the overall height of a  
roof, rebuilding the roof to a different pitch, or adding another  
story to a building),
• removal of one side of a building,
• gutting of a building's interior to the point where exterior  
features (windows, etc.) are impacted, and
• removal of more than 25% of a structure.

Newton
(from Newton Historical Commission web page)
“total demolition” is “[t]he pulling down, razing or destruction of  
the entire portion or a building or structure which is above ground  
regardless of whether another building or structure is constructed  
within the foot-print of the destroyed building or structure.”

“partial demolition” is “[t]he pulling down, destruction or removal  
of a substantial portion of the building or structure or the removal  
of architectural elements which define or contribute to the character  
of the structure.”

However, in its published guideline below, Newton adopts even more  
stringent standards including a) the removal of an exterior wall  
prior to an making an addition and b) the removal of something as  
small as a bay.  In Massachusetts, this very restrictive language  
seems  unique to Newton.

Partial demolition can include removing a roof structure, a porch, a  
rear or side ell, or a projecting bay.  The removal of an exterior  
wall to accommodate an addition also constitutes partial demolition.

Other definitions of partial demolition

Longmedow

DEMOLITION - Any act of pulling down, destroying, removing,  
dismantling, or razing a structure or building or commencing the work  
of total or substantial destruction with the intent of completing the  
same.  Substantial portion is defined as 25% of the volume of the  
structure or building, or 25% of the roof structure.
Lincoln — includes arson

Demolition:  any act of pulling down, destroying, removing, burning  
by arson, dismantling, or razing a building or structure, or any  
substantial portion thereof, or commencing the work of total or  
substantial destruction with the intent of completion of the same.   
Substantial portion is defined as twenty-five percent (25%) of the  
volume of the building or structure, or twenty-five percent (25%) of  
the roof structure
Dunstible

DEMOLITION - Any act of pulling down, destroying, removing,  
dismantling, or razing a structure or building or commencing the work  
of total or substantial destruction with the intent of completing the  
same.  Substantial portion is defined as 25% of the volume of the  
structure or building, or 25% of the roof structure.

Arlington – includes a version of demolition by neglect

"Demolition" the 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.  A structure is  
considered to be demolished if it is destroyed due to the owner's  
failure to maintain a watertight and secure structure.  A structure  
shall also be considered to be demolished if more than twenty-five  
percent (25%) of the front or side elevations are removed or  
covered.  Each elevation shall be calculated separately
Dartmouth — includes moving

DEMOLITION -- Any act of pulling down, destroying, removing,  
dismantling or razing a building or any substantial portion thereof  
or commencing the work of total or substantial destruction with the  
intent of completing the same, or removal of the building from its  
site with the intent to relocate it to another site.

A substantial portion or substantial destruction of a building is  
defined as either half the volume of the building or half its value,  
as determined by the Building Commissioner.

A building shall be considered to be demolished if more than twenty- 
five percent (25%) of the front, back or side elevations are removed  
or covered so as to substantially obliterate the original design.   
Each elevation shall be calculated separately.
Concord

"Demolition" - any act of pulling down, destroying, removing or  
razing any building or other structure or any substantial portion  
thereof, or commencing the work of total or substantial destruction  
with the intent of completing the same.  A "substantial" portion or  
"substantial" destruction of a building or other structure is defined  
as either half the volume of the building or other structure or half  
its value, as determined by the Building Commissioner.

Falmouth

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.  
Substantial destruction shall be considered the pulling down,  
destroying, removing, dismantling or razing of more than 50% of the  
exterior wall surface, or more than 50% of the roof structure, of the  
building.

Somerville (from Historical Commission web site with ordinance  
language underlined)

“Demolition” is defined in the Ordinance as “the act of pulling down,  
destroying, removing, or razing a building or structure or commencing  
the work of total or substantial destruction with the intent of  
completing the same.” The following activities are not subject to the  
Demolition Review Ordinance: routine maintenance, interior  
renovations, removal or construction of porches, decks, windows or  
types of renovations for which Commission approval is generally not  
required. Please contact the Superintendent of Inspectional Services  
if you have questions about whether demolition review is required for  
your building or structure.
Wayland (from Historic Commission web site with bylaw language  
underlined)   The bylaw definition includes anti-arson language and  
the explanatory language defines partial demolition.

How is “Demolition” Defined?
Only exterior demolition is covered in this By-Law.  Demolition is  
defined in the By-Law as “any act of pulling down, destroying,  
removing, burning by arson, dismantling, or razing a building or  
structure, or any substantial portion thereof, or commencing the work  
of total or substantial destruction with the intent of completion the  
same.”  A "teardown" is an example of total demolition.  A change in  
the massing of the existing structure, e.g. the addition of a third  
floor to a two-story building or the removal of an attached garage,  
or the removal of an exterior wall would be examples of substantial  
demolition.

Cape Cod — in areas subject to the multi-town jurisdiction of the  
Cape Cod Commission.  Applicable only to National Register property  
not in Local Districts.  “Substantial Alternation” as used here is,  
among other things, the functional equivalent  of partial demolition  
and is subject to review.

Substantial Alteration:
An alteration which jeopardizes a structure’s individual eligibility  
for listing in the National Register of Historic Places, or its  
status as a contributing structure in a National or Massachusetts  
Register of Historic Places, such as:
• addition, removal, alteration or substitution of defining  
architectural features, such that the building/structure is incapable  
of yielding important historical information about its period,  
including changes to the following: exterior siding, roof pitch,  
fenestration, and the compatibility of additions in terms of general  
scale, massing and materials.
• isolation of a property or alteration of its setting such that the  
historic character and integrity are no longer reflected in the site.  
Examples may include the following: introduction of parking lots,  
removal of subsidiary buildings or relocation of a structure from its  
original site.
• use of surface cleaning and maintenance methods which endanger the  
building, structure, or object’s historic building materials, such as  
sandblasting and improper masonry repointing.