[MassHistPres] Demolition Delay

John Worden jworden at swwalaw.com
Wed Feb 13 11:49:59 EST 2008


The manner in which "demolition" is defined is also important.  Many an 
historical building has been so altered without technically being taken down 
that it may has well have been.

In Arlington, the by-law (which covers to properties on the historical 
inventory) defines demolition as a change affecting more than 25% of any one 
facade of a building.  This has the effect of giving the HC design review 
over changes to historic properties and has worked out fairly well.

J. Worden
Arlington HDC


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----- Original Message ----- 
From: <masshistpres-request at cs.umb.edu>
To: <masshistpres at cs.umb.edu>
Sent: Wednesday, February 13, 2008 10:21 AM
Subject: MassHistPres Digest, Vol 24, Issue 10


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> Today's Topics:
>
>   1. Demolition Delay Bylaws-Description and Case Studies
>      (Chris Skelly)
>   2. Re: Demolition Delay Bylaws-Description and Case Studies
>      (Dcolebslade at aol.com)
>   3. Re: Demolition Delay Bylaws-Description and Case Studies
>      (Dcolebslade at aol.com)
>   4. Re: Demolition Delay Bylaws-Description and Case Studies
>      (Dennis De Witt)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 12 Feb 2008 16:18:50 -0500
> From: "Chris Skelly" <Skelly-MHC at comcast.net>
> Subject: [MassHistPres] Demolition Delay Bylaws-Description and Case
> Studies
> To: <masshistpres at cs.umb.edu>
> Message-ID: <000001c86dbc$dedec600$6501a8c0 at Advantage>
> Content-Type: text/plain; charset="us-ascii"
>
> 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.*******
>
>
>
> ------------------------------
>
> Message: 2
> Date: Tue, 12 Feb 2008 19:45:55 EST
> From: Dcolebslade at aol.com
> Subject: Re: [MassHistPres] Demolition Delay Bylaws-Description and
> Case Studies
> To: Skelly-MHC at comcast.net, masshistpres at cs.umb.edu
> Message-ID: <c17.2c993117.34e397c3 at aol.com>
> Content-Type: text/plain; charset="US-ASCII"
>
> 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
> 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.*******
>
> ******************************
> 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
> ********************************
>
>
>
>
>
> **************The year's hottest artists on the red carpet at the Grammy
> Awards. Go to AOL Music.
> (http://music.aol.com/grammys?NCID=aolcmp00300000002565)
>
>
> ------------------------------
>
> Message: 3
> Date: Tue, 12 Feb 2008 20:03:46 EST
> From: Dcolebslade at aol.com
> Subject: Re: [MassHistPres] Demolition Delay Bylaws-Description and
> Case Studies
> To: Skelly-MHC at comcast.net, masshistpres at cs.umb.edu
> Message-ID: <d50.224bf0d0.34e39bf2 at aol.com>
> Content-Type: text/plain; charset="US-ASCII"
>
> 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
> 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.*******
>
> ******************************
> 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
> ********************************
>
>
>
>
>
> **************The  year's hottest artists on the red carpet at the Grammy
> Awards. Go to AOL  Music.
> (http://music.aol.com/grammys?NCID=aolcmp00300000002565)
> ******************************
> 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
> ********************************
>
>
>
>
>
> **************The year's hottest artists on the red carpet at the Grammy
> Awards. Go to AOL Music.
> (http://music.aol.com/grammys?NCID=aolcmp00300000002565)
>
>
> ------------------------------
>
> Message: 4
> Date: Wed, 13 Feb 2008 10:21:36 -0500
> From: Dennis De Witt <djdewitt at rcn.com>
> Subject: Re: [MassHistPres] Demolition Delay Bylaws-Description and
> Case Studies
> To: MHC listserve <masshistpres at cs.umb.edu>
> Message-ID: <6A4DF585-8A14-49BE-9A60-DDA3156C6DE9 at rcn.com>
> Content-Type: text/plain; charset=US-ASCII; delsp=yes; format=flowed
>
> 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.*******
>>
>> ******************************
>> 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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>
> End of MassHistPres Digest, Vol 24, Issue 10
> ********************************************
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