[MassHistPres] Demolition Delay Bylaws-Description and Case Studies

[Dennis De Witt]

Chris

What about mitigation? -- e.g. recordation and/or replacement design  
review and/or preservation easement on a surviving building where one  
is demolished or paying for an area survey, to mention just some  
examples that come to mind.

What about partial demolition?

another advantage of 12 mo. and particularly 18 mo. is that it can  
allow the creation of an LHD.

Dennis De Witt
Brookline




On Feb 12, 2008, at 4:18 PM, Chris Skelly wrote:

> 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
> MassHistPres Email List. Visit
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres for more
> information. ******MHC offers regional training workshops to local
> historical commissions and historic district commission members on a
> variety of topics.  For additional information, please contact me  
> about
> the MHC On the Road program.*******
>
> ******************************
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