[MassHistPres] Demo by Neglect dilemma -- outbuildings?

Dennis De Witt djdewitt at rcn.com
Sun Aug 26 07:46:14 EDT 2007


Brian

Yes, collapsing carriage houses are a big problem.  This would only be 
one possible partial answer to your question, but Brookline has a 
zoning provision that permits the conversion of carriage houses (and 
similar structures) to other uses, such as dwelling units, where that 
would otherwise not be allowed.  (I'm not an expert on zoning but I 
think relief can be granted in terms of use, setback, and/or FAR.)  
Inevitably there are modifications to the carriage houses but it is 
deemed an acceptable cost of saving them, and there is some design 
review of the conversion, although not always in the same manner.  Over 
20 years probably a couple of dozen carriage houses have been saved by 
this means.

We are doing design review right now of a project in an LHD involving 
the conversion of two carriage houses.  One is the oldest left in town 
and the other (a bijoux mid-century mansard) is in dreadful shape and 
will have its principal facade restored by the replacement of a two car 
garage door by an admittedly hypothetical recreation of the original 
opening -- plus it will have an unobtrusive rear addition.  The 
neighborhood seems for the most part quite pleased with the outcome.

Dennis De Witt

On Aug 24, 2007, at 9:04 AM, bgreg at comcast.net wrote:

> Aging residents of historic properties find it difficult to keep up 
> with the expense of maintaining primary residences - let alone 
> outbuildings.  Might there be a dilemma in enforcing ordinances 
> against demolition by neglect given the existence of such hardship in 
> a community?  Could a lawyer representing a party accused of 
> purposeful demolition by neglect point to a person across the street 
> whose decaying property is waived due to hardship?  Where does one 
> draw the line of establishing precedent?  Could this be a double-edged 
> sword?
>
> Brian Gregory
> Boxford HDC
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Best regards,

Dennis J. De Witt

djdewitt at rcn.com
617-620-9776



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