[MassHistPres] demoliton delay
John Worden
jworden at swwalaw.com
Wed Feb 13 12:39:15 EST 2008
Some years ago, there was a particularly notorious case in which the
property owner got a demolition permit by giving the building inspector the
wrong address, then quickly demolished the building before anyone knew.
There was a lot of agitation in Town Meeting to strengthen the law, require
pictures, etc. and I suggested they add this language as well. It all went
through without, as I recall, much debate.
J. Worden, Arlington HDC
& former Moderator
**********
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----- Original Message -----
From: <masshistpres-request at cs.umb.edu>
To: <masshistpres at cs.umb.edu>
Sent: Wednesday, February 13, 2008 12:25 PM
Subject: MassHistPres Digest, Vol 24, Issue 12
> Send MassHistPres mailing list submissions to
> masshistpres at cs.umb.edu
>
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>
> Today's Topics:
>
> 1. Re: Demolition Delay (Dcolebslade at aol.com)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 13 Feb 2008 12:24:15 EST
> From: Dcolebslade at aol.com
> Subject: Re: [MassHistPres] Demolition Delay
> To: jworden at swwalaw.com, masshistpres at cs.umb.edu
> Message-ID: <c19.2ec77e84.34e481bf at aol.com>
> Content-Type: text/plain; charset="US-ASCII"
>
> How did the people of Arlington react to this broad definition of
> demolition? It seems amazing that you could get this adopted?
>
> Betty Slade
> Westport
>
>
> In a message dated 2/13/2008 11:53:14 A.M. Eastern Standard Time,
> jworden at swwalaw.com writes:
>
> 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
>
>
> **********
>
> This transmittal is intended only for the use of the named recipient,
> and may contain information that is privileged, confidential,
> and/or exempt from disclosure. If the reader of this transmittal is
> not the intended recipient, you are hereby notified that any
> dissemination, distribution, or copying of this communication is
> strictly prohibited. If you have received this communication in
> error, please contact the sender by reply e-mail and destroy all
> copies of this message and any attachments. Thank you.
> ----- 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
>
>
>> Send MassHistPres mailing list submissions to
>> masshistpres at cs.umb.edu
>>
>> To subscribe or unsubscribe via the World Wide Web, visit
>> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
>> or, via email, send a message with subject or body 'help' to
>> masshistpres-request at cs.umb.edu
>>
>> You can reach the person managing the list at
>> masshistpres-owner at cs.umb.edu
>>
>> When replying, please edit your Subject line so it is more specific
>> than "Re: Contents of MassHistPres digest..."
>>
>>
>> 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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