[MassHistPres] Affirmative Maintenance Bylaws-Description and Case Studies

[Jill Fisher]

I agree with Susan, Dennis & Pauline's opinions on this discussion of changing Demo. by Neglect to Affirmative Maintenance.Jill Fisher, AICPPrincipal PlannerLarson Fisher Associates, Inc.Historic Preservation & Planning ServicesPO Box 1394Woodstock, NY 12498845-679-5054jillfisher47 at hotmail.comwww.larsonfisher.com> Date: Wed, 20 Feb 2008 10:22:59 -0500> From: BostonAffiliates at verizon.net> To: SCeccacci at aol.com; masshistpres at cs.umb.edu> Subject: Re: [MassHistPres] Affirmative Maintenance Bylaws-Description and Case Studies> > 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. 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