[MassHistPres] Demolition Delay Bylaw scope question

[Dennis De Witt]

Marcia

I assumed the question had to do with walls within private land.

However, on second thought, DD doesn't make sense.  A DD law is  
triggered by a request for a building permit.  As removing a stone  
wall probably doesn't require one in most places, it would not be a  
good mechanism.  (We do require one for building a fence but I  
suspect not for removing one, for instance.)  I don't know if that is  
the objection Chris had in mind but it seems like an obstacle to me.   
As a practice matter, the same probably might often hold true for the  
bulldozing of old foundations -- as a matter of reality, regardless  
of legal requirement.

Dennis De Witt


On Jan 19, 2007, at 11:39 AM, Marcia Starkey wrote:

> I believe that state law forbids descruction of boundary walls. Can  
> anyone cite the chapter? Marcia Starkey
> ----- Original Message ----- From: <knrmcguire at aol.com>
> To: <djdewitt at rcn.com>; <masshistpres at cs.umb.edu>
> Sent: Thursday, January 18, 2007 6:09 AM
> Subject: Re: [MassHistPres] Demolition Delay Bylaw scope question
>
>
>>
>> It's an interesting discussion point.
>> I was referring to stone walls that might exist on the lot and
>> exist either along a road which isn't designated as Scenic and/or
>> old stone walls which run perpendicular to the road, to delineate  
>> land borders.
>>
>> The other element worth thinking about are exposed but inactive
>> remnants of stone foundations which suggest prior usage on the  
>> property.
>>
>> Perhaps another way to tackle these currently non-regulated items
>> is to work to refine the zoning bylaws to incorporate the  
>> preservation
>> (or reuse) of these older structures.
>>
>> The concern is that if the demolition delay bylaw is too stringent
>> there might be a movement to repeal its use.
>>
>>
>>
>>
>> -----Original Message-----
>> From: djdewitt at rcn.com
>> To: masshistpres at cs.umb.edu
>> Sent: Wed, 17 Jan 2007 10:45 PM
>> Subject: Re: [MassHistPres] Demolition Delay Bylaw scope question
>>
>>
>> If a properly drafted DD law can be applied to something as limited
>> as an entrance portico, as I understand routinely happens in Newton,
>> why not a fieldstone wall, if the law is written to cover it?
>>
>> Dennis De Witt
>>
>>
>> On Jan 17, 2007, at 12:09 PM, Marcia Starkey wrote:
>>
>>> I have assumed that the jurisdiction for all or most DD bylaws is
>>> limited to
>>> buildings unless the language specifies otherwise.   Marcia  
>>> Starkey ,
>>> Greenfield
>>> ----- Original Message -----
>>> From: <knrmcguire at aol.com>
>>> To: <masshistpres at cs.umb.edu>
>>> Sent: Monday, January 15, 2007 8:15 PM
>>> Subject: [MassHistPres] Demolition Delay Bylaw scope question
>>>
>>>
>>>> Hi,
>>>>
>>>> I'd be interesting in hearing from communities that
>>>> attempt to preserve objects, stone walls, abandoned
>>>> foundations, etc as part of what is governed as
>>>> part of their implementation of their Demolition Delay Bylaw.
>>>>
>>>> Often times, it is the objects, walls and abandoned foundations on
>>>> a parcel which contribute to the historical context
>>>> to a house or other 'enclosed' structure attempting
>>>> to be saved.
>>>>
>>>>
>>>> Thank you,
>>>>
>>>> Roberta McGuire
>>>> Westford Historical Commission
>>>> ___________________________________________________________________ 
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