[MassHistPres] demolition delay bylaw

[Dennis De Witt]

Robyn

An LHD resident tried to get our TM to add that provision to our  
bylaw.  Our town counsel was strongly opposed because in such an  
appeal under the 40c process the case is re-heard de novo by a non- 
town body.  However, if the plaintiff doesn't like the result he can  
then still appeal to the courts anyway and the town would be left in  
the position having to defend the appeal board's ruling, rather than  
its own commission's ruling.  Our town counsel felt strongly that he  
only wanted to defend the actions of the town's own entities.

TM overwhelmingly defeated it.  Another reason they did so is that in  
over 25 years we have never had a ruling appealed to the courts --  
and it is extremely rare for us to have to say "NO."  We have clear  
guidelines, so everyone knows where we stand to begin with.  And, if  
at all possible, we keep working with the applicant until we get  
something everyone can live with.

When this issue came up here, we did some research.  It is my  
recollection that in our region there were relatively few appeals of  
that sort and that they almost all came from one particular LHD  
board.  You should talk with the agency that would be handling your  
appeals and see what they can tell you about their experience.

Dennis De Witt
Brookline



On Jan 23, 2007, at 1:52 PM, RobynBFernald at aol.com wrote:

> the Abington Historical Commission is seeking information from those
> communities that have enacted a demolition delay bylaw with an  
> Appeal process
> provision .. which may or may not be in the  enforcement and   
> remedy  section of the
> their bylaw...in doing our research  on demolition delay bylaws we  
> found very
> few towns have taken this course  of action as to write that  
> particular
> provision into the bylaw..this issue was  brought forth by our  
> townspeople after
> they reviewed our proposed demo delay  bylaw, therefore, any help  
> on this matter
> would be greatly  appreciated
>
> thanks
> robyn b fernald, chair
> abington historical commission
> 781 982 0059
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