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

[GRETCHEN SCHULER]

It seems that the seriousness of this illegal action must be dealt with
quickly and in unison with Selectmen, Building Inspector and HDC.  I would
request a meeting pronto with those three and Town Counsel - executive
session seems to be warranted to discuss potential litigation - and hope to
get everyone on same page about approach and necessary result.  Presumably
the Building Commissioner also has strong reason to enforce his cease and
desist orders as well as prescribed fines etc.  The LHD bylaw would
supercede the Demo Bylaw and you would want the permanence of the LHD bylaw
to prevail here.  It is imperative that you get the town to back the LHDC to
make the point that this is serious business and that the LHD is not a
suggestion, rather a regulation that must be followed just as the zoning
bylaws...

Good luck and keep us posted.

Gretchen Schuler
Wayland Historic District Commission

----- Original Message ----- 
From: <Dcolebslade at aol.com>
To: <masshistpres at cs.umb.edu>
Sent: Sunday, December 30, 2007 12:55 PM
Subject: [MassHistPres] What to do when a house is almost demolished?


> 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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