[MassHistPres] demolition delay bylaw question

[Carole Dingman]

The $300.00 fine is a drop in the bucket and many developers would be 
happy to pay the $300 violation to get an historic building out of the 
way. The 2 year building moratorium is a good slap, but what you can do 
to make it  really a two prong  enforcment & remedies section is use the 
language offered by our town counsel:

n.1 Anyone who demolishes, removes or relocates a building or structure 
as identified in Section 3, without first obtaining a demolition permit 
in  accordance with the provisions of this bylaw shall be subject to a 
fine of three hundred dollars ($300) for each offense, each day that the 
violation exists constituting a separate offense, until a restoration of 
the demolished building is completed or unless otherwise agreed to by 
the Commission.

 [Chapter 40A limits a $300.00 fine per offense, which would be chicken 
scratch to some developers, but if each day is considered an separate 
offense, they can really rack up a fine until they restore or replace 
the building. This is what happened to the Dr. Seuss house, I believe.]

n.2 In addition, if a Potentially Significant Building is demolished 
without first obtaining a demolition permit,  no building permit shall 
be issued for the premises for a period of two (2) years after the date 
of such demolition unless the building permit is for restoration, or 
other reconstruction.  As used herein "premises" includes the parcel of 
land upon which the demolished structure was located and all adjoining 
parcels of land under common ownership or control.

[This is for those large parcels that are being divided for a 
subdivision. If they knock the structure down, after the land is 
subdivided, they can technically build on the rest of the subdivision 
and leave the parcel that the house is on until last, which could take 
two years, at no real loss to the builder. Or, as has happened in North 
Reading, ran the road through the house parcel.  This subtly encourages 
a developer to move the structure to a lot in the subdivision, where it 
will be approved by the Commission]

  <>
n.3 No building permit shall be issued or be valid for a period of up to 
two (2) years after completion of such demolition with respect to any 
parcel upon which a Potentially Significant Building has been demolished 
by an intentional or grossly negligent violation of this bylaw, unless, 
for good cause, the Commission shall otherwise authorize.


RobynBFernald at aol.com wrote:

>Hi
> 
>The Abington Historical Commission has considered a two-prong enforcement  
>clause for non-compliance to its proposed demolition delay  bylaw.  Our 
>consideration includes imposing a penalty of a 2-year  moratorium of construction and 
>a monetary penalty fine of $300 per  violation.  We are seeking some feedback 
>from communities that have adopted  the Demolition delay by law to which a 
>monetary penalty has been  applied. 
> 
>thank-you!
> 
>Robyn B Fernald
>Chair of the AHC
>500 Gliniewicz Way
>Abington, MA
>781-982-0059
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Carole Dingman

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