[MassHistPres] Affirmative Maintenance Bylaws-Description andCase Studies

[Marcia Starkey]

Hello,
an alternative might be "Minimum Maintenance Standards"
Marcia Starkey, Greenfield

----- Original Message ----- 
From: <SCeccacci at aol.com>
To: <masshistpres at cs.umb.edu>
Sent: Tuesday, February 19, 2008 11:03 PM
Subject: Re: [MassHistPres] Affirmative Maintenance Bylaws-Description 
andCase Studies


> 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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>
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