[MassHistPres] Demo Delay Question

[Dennis De Witt]

Presumably your bylaw permits waving the delay in exchange for 
mitigation, if preservation appears to be impossible.

On a few occasions, where it was evident that the developer would "time 
out" the delay, we and the developer agreed to a process of design 
review based on our LHD guidelines in exchange for an early lifting of 
the delay, as mitigation for the loss of the building.  Obviously, the 
Commission's position is not the same as in an LHD review.  The 
developer can always opt to wait out the delay if the process doesn't 
lead to a design he can live with, so there may be compromises on both 
sides.  The longer the delay, the more the leverage.  Thus far we have 
only done it with 12 month delays.  Our new 18 month delays for NR 
properties would have somewhat more leverage.  That also means that it 
is most effective if put on the table early in the process.   Of 
course, exchanging design review for demolition is, at best, the least 
worst alternative.

In one case, involving a somewhat compromised Victorian on a large lot 
being replaced by two sets of rather bulky twin houses, we accomplished 
more in terms of siting and massing than in terms of appearance -- 
still more of a builder aesthetic than we would have wanted.

In another case, where we exchanged design review of two new houses for 
the loss of a nice brick 1920s garage, the developer had a better 
architect who produced good Colonial Revival designs that fit into 
their 1920s context, but he occasionally told us that his numbers 
wouldn't give us what we wanted -- e.g. wood vs metal garage doors 
(altho we got them facing away from the street).  As it happened, this 
was one of three demo cases that triggered the creation of an LHD in 
that neighborhood and it may have been helpful for the creation of the 
LHD for people in the neighborhood to observe the design review 
process.

In a third case (in that same neighborhood) the developer actually 
agreed to binding LHD-guideline design review of a new house, in 
exchange for the demolition of the wing of an existing house, because 
the creation of an LHD was in process and he was concerned that if it 
passed he would get nothing (no demolition of the wing).  The 
neighborhood strongly supported this option because while it wanted to 
save the wing, it was even more concerned about what might have been 
built if the LHD had not passed and there had been no design review of 
the replacement.

Dennis De Witt
Brookline


On Aug 22, 2007, at 2:56 PM, Stowell, Stephen wrote:

> Can an Historical Commission, as a condition of waiving demolition 
> delay and thus allowing demolition, require that what replaces the 
> demolished structure be subject to design review and approval by the 
> local body?  A colleague asked me this today and not being well-versed 
> in the intricacies of demo delay, thought I would throw it out there.
>
> Thanks!
> ------------
> Preserve America Community
>
> National Trust for Historic Preservation, National Preservation Honor 
> Award
>
> National Trust for Historic Preservation Distinctive Destination 
> Community
>
> Stephen Stowell
> Administrator
> Lowell Historic Board
> JFK Civic Center
> 50 Arcand Drive
> Lowell, MA  01852
> (978) 446-7200 x1443
> (978) 970-4262 fax
> Sstowell at lowellma.gov
> www.historiclowell.net
>
>
> ******************************
> For administrative questions regarding this list, please contact 
> Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO THE 
> WHOLE LIST.
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> ********************************
>
>
Best regards,

Dennis J. De Witt

djdewitt at rcn.com
617-620-9776