[MassHistPres] Affirmative Maintenance Bylaws-Description and Case Studies

[SCeccacci at aol.com]

Chris,
The term "Affirmative Maintenance" is not only euphemistic but is also  
unclear in its meaning.  The term "Demolition by Neglect" clearly expresses  what 
it is about.  Is there some reason to try to hide what this by-law  refers to?  
Do some find the term "Demolition by Neglect" offensive?   If so, isn't there 
another way to say it with more clarity but perhaps  less offensively?
 
Susan McDaniel Ceccacci
Historic Preservation Consultant
Jefferson, MA
 
 
In a message dated 2/19/2008 8:36:26 A.M. Eastern Standard Time,  
Skelly-MHC at comcast.net writes:

For our  update of the guidebook Preservation through Bylaws and
Ordinances, we are  changing the name Demolition by Neglect Bylaws to
Affirmative Maintenance  Bylaws.  


AFFIRMATIVE MAINTENANCE 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 an affirmative maintenance bylaw helped to
protect a significant  historic resource.  Thanks for your  assistance.
Chris.
******************************************************
What  is an Affirmative Maintenance Bylaw?
An Affirmative Maintenance Bylaw, also  known as a Demolition by Neglect
Bylaw, is a general bylaw which is an  effective tool for preserving
historic resources from loss due to lack of  minimum maintenance.
"Demolition by neglect" is the gradual deterioration  of a building due
to lack of routine or major maintenance to the point  where demolition
may be required for safety reasons.  It can occur  when buildings are
abandoned or neglected, but it can also occur through  deliberate efforts
on the part of an owner to remove a building.  An  Affirmative
Maintenance Bylaw provides local regulatory authorities the  ability to
identify threatened buildings and mandate that owners make  necessary
repairs to protect a building from further deterioration.   

How is it adopted?
An Affirmative Maintenance Bylaw is a general  bylaw requiring a majority
vote of Town Meeting or the City Council.   At present there is no state
legislation and is, therefore, adopted  pursuant to Home Rule authority.
It is typically drafted by your Local  Historical Commission which should
work closely with the municipality's  code enforcement officers and
building department to adopt and ultimately  enforce such a bylaw.  

How does it work?
An Affirmative  Maintenance Bylaw can take many forms, but typically
empowers a Local  Historical Commission to identify threatened buildings
according to a clear  set of standards.  Most communities adopt specific
standards for  triggering an Affirmative Maintenance order that are tied
to loss or  deterioration of specific and major features or elements of a
building or  linked to the safety code enforced by the Building
Department.   Affirmative Maintenance bylaws can require owners to make
minimum repairs  necessary to secure and stabilize the envelope of the
building.  Once  a property has been identified as threatened with
demolition by neglect,  the building owner is ordered to make minimum
repairs. If the owner fails  to make such repairs, a fine can be levied
and/or the municipality can make  the repairs and place a lien on the
property.  Most Affirmative  Maintenance bylaws contain clear economic
hardship provisions, since this  is often the claim made by an owner of a
deteriorating  building.

*******************************************************
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
Affirmative Maintenance Bylaws
Archaeological Protection
Cluster  Development
Community Preservation Act
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
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