[MassHistPres] Affirmative Maintenance Bylaws-Description and Case Studies
Dennis De Witt
djdewitt at rcn.com
Wed Feb 20 10:19:03 EST 2008
I too would strongly question the merging of what seem to me to be
two very separate -- albeit related -- concepts. They are
philosophically different and therefore different in terms of
applicability -- and different re the likelihood of getting them
enacted into law.
There are communities and LHDs (such as the French Quarter in N.O.)
that spell out very specific maintenance standards which must be
followed and which can be enforced long before the integrity and
viability of the building is significantly at risk. When researching
Demo by Neglect the only Mass example I came across was Lowell. (Are
there others?) It has a minimum maintenance law for all of the city
except historic districts. Lowell's LHDs are under a separate
Demolition by Neglect ordinance (Acts of 1983, Chapter 566) which is
part of their historic district regulations.
Lowell's city wide law is sections 10-47 through 10-52 of the
sanitation code. It says
"the Ordinance shall apply to the exterior maintenance of all
buildings and structures within the City of Lowell, except where such
buildings and structures are otherwise specifically provided for by
other applicable City rules and regulations. The provisions of this
Ordinance shall control all matter of exterior standards for
buildings and structures. whether vacant or occupied, and all parts
thereof."
It has a very long list of building components and how they are to be
maintained. Something that sweeping would never pass in most New
England towns. (Almost the preservation equivalent of the suburban
laws elsewhere in the US where if you don't mow your yard to the
local standard they will do it and fine you.)
I would argue that Demolition by Neglect is entirely different and is
intended only for exceptional situations (actual demolition) -- i.e.
the developer who deliberately leaves all the windows open or the
absentee owner who doesn't care or the building that has been
inherited by someone who can't or won't maintain it . Here is the
definition recently added to Brookline's Demo Delay by-law.
(Operational Rules & Regs are in still in draft form.)
“Demolition by Neglect” - a process of ongoing damage to the fabric,
viability and/or functionability of a building leading towards and/or
causing its eventual demolition due to decay and/or structural
failure and/or severe degradation over a period of time as a result
of a general lack of maintenance, and/or failure to secure the
building from pests or vandals, and/or failure to take reasonable
measures to prevent the ingress of water, snow, ice, and wind through
the roof, walls, or apertures.
I'd think we might see a prosecutable case once a decade -- although
this provision might form that basis for informal enforcement action
more often than that.
Dennis De Witt
Brookline
On Feb 19, 2008, at 11:03 PM, SCeccacci at aol.com wrote:
> 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
> *******Stay Informed on Historic Preservation Topics by joining the
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