[MassHistPres] Demolition Delay Bylaws-Description and Case Studies

Tue Feb 12 20:03:46 EST 2008

The key to this is recognition by the building inspector that  substantial as 
well as complete demolition can be delayed.  People  generally go to the 
Building inspector and there find out about the  law.  Recently the Assessors 
office has listed on its own records all  buildings on the Westport Historic 
Inventory which are subject to the bylaw and  perhaps that will help.   However, 
the one demo that was delayed did  not result in prevention of the demo nor 
removal of the building from the  property.

Betty Slade
Westport

In a message dated 2/12/2008 7:48:22 P.M. Eastern Standard Time,  
Dcolebslade at aol.com writes:

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
*******Stay   Informed on Historic Preservation Topics by joining the
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******************************
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For  administrative questions regarding this list, please contact  
Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO THE  WHOLE LIST.  
MassHistPres mailing  list
MassHistPres at cs.umb.edu
http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
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**************The year's hottest artists on the red carpet at the Grammy 
Awards. Go to AOL Music.      
(http://music.aol.com/grammys?NCID=aolcmp00300000002565)