[MassHistPres] demoliton delay
blever3043 at aol.com
blever3043 at aol.com
Wed Feb 13 13:28:05 EST 2008
I think Arlington's situation is a little different in that it uses a list of historically significant properties rather than an age based bylaw.? It would seem then that not as many people would be subjected to the delay that way, resulting in less potential opposition.
Brian Lever
-----Original Message-----
From: John Worden <jworden at swwalaw.com>
To: masshistpres at cs.umb.edu
Sent: Wed, 13 Feb 2008 12:39 pm
Subject: [MassHistPres] demoliton delay
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
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>
> 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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