[MassHistPres] Demolition Delay Bylaws-Description and Case Studies

Tue Feb 12 19:45:55 EST 2008

There should be mention of penalties if the bylaw is  violated.  What is 
possible?  In Westport there may be a two year  moratorium on the issue of a 
building permit for any work on the site.   This includes buildings that were not 
demolished.

Any thought on demolition of structures of certain  types?

Betty Slade

In a message dated 2/12/2008 4:19:45 P.M. Eastern Standard Time,  
Skelly-MHC at comcast.net writes:

DEMOLITION DELAY BYLAWS - FOR UPDATE OF PRESERVATION THROUGH BYLAWS  AND
ORDINANCES GUIDEBOOK
I would appreciate your review and comments on  the one page definition
we have prepared.  In addition, I am looking  for case studies to include
in our guidebook where a demolition delay bylaw  helped to protect a
significant historic resource.  Thanks for your  assistance.   Chris.
******************************************************
What is a  Demolition Delay Bylaw?
A Demolition Delay Bylaw is a general bylaw that  affords public review
of demolition permit applications for potentially  significant buildings
and can invoke a delay period before demolition of  such buildings may
commence.  During the delay period, the building  owner and the
Historical Commission can explore opportunities to preserve  the
threatened resource.  While a Demolition Delay Bylaw cannot  prevent
demolitions indefinitely, the opportunity of delaying the  demolition of
a significant resource can often have a positive  outcome.  

How is it adopted?
A Demolition Delay Bylaw is a  general bylaw requiring a majority
affirmative vote of Town Meeting or City  Council. At present there is no
state legislation and is, therefore,  adopted pursuant to Home Rule
authority.  A Demolition Delay Bylaw is  most often drafted by a Local
Historical Commission using the MHC Sample  Demolition Delay Bylaw.  

How does it work?
A Demolition Delay  Bylaw defines the threshold for buildings which are
subject to  review.  Most communities establish a base-line age criteria,
usually  buildings 50 years or older.  Some Demolition Delay Bylaws
include  categorical inclusions such as inventoried properties,
properties on the  State Register of Historic Places, or properties
listed in or eligible for  inclusion in the National Register.  In a few
cases, communities have  generated a specific list of buildings for which
the Demolition Delay Bylaw  would apply.  Most municipalities in
Massachusetts should establish an  age based bylaw.  

A property owner requesting a demolition permit  from the Building
Department for a building that is subject to review must  first receive
approval from the Historical Commission.  If the  Historical Commission
determines at a public hearing that the building is  preferably
preserved, a delay period is imposed.  During the delay  period, the
Local Historical Commission, the property owner, the general  public and
concerned individuals explore opportunities that do not include  loss of
the building.  However, if the delay period expires and a  successful
preservation outcome was not achieved, the Building Inspector  can issue
the demolition permit.  A Demolition Delay Bylaw cannot  indefinitely
prevent a demolition from occurring. Communities that are  seeking to
prevent demolitions should pursue a Local Historic District  Bylaw. 

Each community can specify the length of the delay in the  bylaw.  Most
bylaws have a delay period of 6, 12 or 18 months.   Longer delay periods
have provided better results in preserving threatened  buildings, and the
MHC recommends a minimum of 12 months.

For more  information, contact MHC for assistance in drafting a
Demolition Delay  Bylaw, and for the MHC model Demolition Delay  Bylaw.

*******************************************************
PRESERVATION  THROUGH BYLAWS AND ORDINANCES
The Massachusetts Historical Commission is  updating our guidebook
entitled "Preservation through Bylaws and Ordinances  - Tools and
Techniques for Historic Preservation Used by Municipalities  in
Massachusetts."  This guidebook contains descriptions on the  variety of
local bylaws and ordinances currently in use in Massachusetts  for
protecting historic resources and community character.  The  guidebook
describes how each bylaw functions, includes a list of  municipalities
that have passed each bylaw and summarizes success stories  from around
the state.  Originally prepared in 1998, the guidebook has  been
incrementally revised since then.  The current version of the  guidebook
can be viewed online at  http://commpres.env.state.ma.us/content/ptbo.asp

With assistance from a  consultant team, the guidebook is undergoing
substantial revisions.   These include revising the bylaw descriptions,
researching new case study  success stories and updating the list of
cities and towns with each  bylaw.  

Each bylaw will have the following:
The first page  will be a bylaw description summary that can fit on one
page.  The  next two pages will include case study success stories with
text and  photographs.  The fourth and last page will be the list  of
municipalities with each bylaw.  

The draft list of bylaws  to include in the guidebook is below:  
Accessory Apartment  Use
Archaeological Protection
Cluster Development
Community  Preservation Act
Demolition by Neglect
Demolition Delay
Design  Review
Down Zoning
Downtown Revitalization
Flexible Zoning
Local  Historic Districts
Neighborhood Architectural Conservation  Districts
Phased Growth
Planned Unit  Development
Right-to-Farm
Scenic Overlay
Scenic Roads
Site Plan  Review
Transfer of Development Rights
Transportation Corridor  Overlay
Upper Elevation Protection
Up Zoning
Village Center  Zoning

Christopher C. Skelly
Director of Local Government  Programs
Massachusetts Historical Commission
220 Morrissey Boulevard,  Boston, MA 02125
Ph: (617) 727-8470 / Fax: (617)  727-5128
Christopher.Skelly at state.ma.us
http://www.sec.state.ma.us/mhc/mhcidx.htm
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information. ******MHC offers regional training workshops to  local
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