[MassHistPres] Affirmative Maintenance Bylaws-Description and Case Studies

[Boston Affiliates]

Susan,

Thank you! I think this would be a great mistake.

In addition to what you express so clearly, I would think that 
"Affirmative Maintenance" would sound much more threatening to 
homeowners in a potential district - Who's going to define it, and 
tell me what I have to do to my property, what "affirmative" steps I 
have to worry about taking,  to avoid legal problems?  Whereas, 
"Demolition by Neglect" is clearly serious, and something I as a 
responsible homeowner wouldn't be doing to my property anyway.


Pauline Chase-Harrell, President
Boston Affiliates, Inc.
156 Milk Street
Boston, MA 02109
617-451-9450
(f)617-451-6475
BostonAffiliates at verizon.net
(c)617-909-3016

At 11:03 PM 2/19/08, 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
>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
>********************************
>
>
>
>
>
>**************Ideas to please picky eaters. Watch video on AOL Living.
>(http://living.aol.com/video/how-to-please-your-picky-eater/rachel-campos-duffy/
>2050827?NCID=aolcmp00300000002598)
>******************************
>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
>********************************