[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


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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
>>  ********************************
>>
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>>
>>
>>
>>  **************The year's hottest artists on the red carpet at the 
>> Grammy
>> Awards. Go to AOL Music.
>>  (http://music.aol.com/grammys?NCID=aolcmp00300000002565)
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>>
>>  ------------------------------
>>
>> 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.
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>>
>>
>>
>>
>>
>>  **************The  year's hottest artists on the red carpet at the 
>> Grammy
>> Awards. Go to AOL  Music.
>>  (http://music.aol.com/grammys?NCID=aolcmp00300000002565)
>>  ******************************
>> For  administrative questions  regarding this list, please contact
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>> WHOLE LIST.
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>>
>>
>>  **************The year's hottest artists on the red carpet at the 
>> Grammy
>> Awards. Go to AOL Music.
>>  (http://music.aol.com/grammys?NCID=aolcmp00300000002565)
>>
>>
>>  ------------------------------
>>
>> 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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> Christopher.Skelly at state.ma.us  directly.  PLEASE DO NOT "REPLY" TO THE 
> WHOLE LIST.
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>
>
>
>
> **************The year's hottest artists on the red carpet at the Grammy
> Awards. Go to AOL Music.
> (http://music.aol.com/grammys?NCID=aolcmp00300000002565)
>
>
> ------------------------------
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>
> End of MassHistPres Digest, Vol 24, Issue 12
> ********************************************
> 


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