[MassHistPres] Affirmative Maintenance Bylaws-Description andCaseStudies

[Marcia Starkey]

Hello all,
I'm not sure I understand what the word "affirmative"actually means to the 
property owner in this context. Does it affirm the obligation of the 
municipality to preserve the public welfare/health and safety or the 
obligation of the property owner to do so? What is the legal foundation for 
this concept?
And does it extend to the public buildings which are sometimes exempt?
Marcia Starkey, Greenfield HC

----- Original Message ----- 
From: "Walsh, Rita" <RWalsh at vhb.com>
To: "Chris Skelly" <Skelly-MHC at comcast.net>; <masshistpres at cs.umb.edu>
Sent: Thursday, February 21, 2008 9:39 AM
Subject: Re: [MassHistPres] Affirmative Maintenance Bylaws-Description 
andCaseStudies


> Hi, I agree with others that "demolition by neglect" is the term we all
> recognize for the situation that this bylaw is focused upon.
>
> But I do think that "Affirmative Maintenance" is the appropriate term
> for the bylaw since the law is regulating the property owner to take
> positive action to maintain their structure to prevent further
> deterioration.
>
> Rita Walsh
>
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Chris Skelly
> Sent: Tuesday, February 19, 2008 8:35 AM
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] Affirmative Maintenance Bylaws-Description and
> CaseStudies
>
> 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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