[MassHistPres] What to do when a house is almost demolished?

[Dcolebslade at aol.com]

A house in the historic district (an 1806 farmhouse) has been  almost 
completely demolished.  Only the front and parts of the side facades  exist.  It is 
owned by an individual.  He was given a  Certificate of Appropriateness to 
alter the house (add a dormer) but not to  demolish it. The building inspector has 
placed a cease and desist order - the  third one so far - two of which were 
ignored.
 
What legal course does Chapter 40C give the local historical  commission to 
deal with the owner of this property?
 
Some questions:
 
(1) Can the Commission rescind the existing Certificate because of  this 
action? The building no longer exists as it was, so the approved  alterations (say 
of putting on a dormer) cannot be carried out.
 
(2) Can the Commission require that the applicant rebuild the house  as it 
was (outward appearance) even though the materials for the most part have  been 
destroyed?
 
(3) Can the Commission refuse to allow a building to replace this  one on the 
property?  
 
(4) Can the Commission "fine" the owner for this action? 
 
(5) The Westport Demolition Bylaw states that in case of demolition  without 
approval, any further building activity on that property can be  prevented for 
2 years.  This article of the bylaw covers all buildings on  the local 
historic inventory. What would be the disadvantages of imposing that  penalty?
 
 
 
 
Any ideas that you have would be most welcome.  
 
Thank you.  
Betty Slade, Westport
 
 
 
 



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