[MassHistPres] demoliton delay
Dennis De Witt
djdewitt at rcn.com
Wed Feb 13 13:54:37 EST 2008
Brookline's recently amended by-law is based on 25% of the building
or one whole facade rather than 25% of a facade. We can review any
demolition regardless of age but have only come up to the 50 year
mark on buildings that were preliminarily deemed significant a few
times. Thus far we have had only a couple of partials that made it
to the commission for consideration.
When the amendment was making its way to Town Meeting we got a lot of
resistance from one selectman who practices in Newton and was very
unhappy with the small scaled changes -- e.g. removal of a portico --
that were deemed demolition there. And I believe Newton reviews
everything. I believe their process is rather different that the
typical one. Perhaps someone can fill us in on that.
Dennis De Witt
On Feb 13, 2008, at 1:28 PM, blever3043 at aol.com wrote:
> 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
>
>
> **********
>
> 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 12:25 PM
> Subject: MassHistPres Digest, Vol 24, Issue 12
>
>
>> Send MassHistPres mailing list submissions to
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>>
>> To subscribe or unsubscribe via the World Wide Web, visit
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>> than "Re: Contents of MassHistPres digest..."
>>
>>
>> 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
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>>>
>>> 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
>>> ********************************
>>>
>>>
>>>
>>>
>>>
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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.
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>>> ------------------------------
>>>
>>> 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
>>> ********************************************
>>>
>>
>>
>> ******************************
>> 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
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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)
>>
>>
>> ------------------------------
>>
>> _______________________________________________
>> MassHistPres mailing list
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>>
>> End of MassHistPres Digest, Vol 24, Issue 12
>> ********************************************
>>
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