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

[Ralph Slate]

There was a famous case in Springfield where someone demolished an 
1820's era house in order to put in a parking lot. The city took the 
owner to court, and although it dragged out for 2+ years, a settlement 
was reached where the owner paid a $50k fine and ceded part of his land 
(essentially the footprint of the house) to the city, where a small 
plaque was to be placed with some wording about the original house.

I think your only solution is to take the owner to court, and have a 
settlement in mind, even if it is to rebuild the exterior as it once was.

Ralph Slate
Springfield, MA

Dcolebslade at aol.com wrote:
> 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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