[MassHistPres] illegal historic tear-down
Sullivan, Charles M.
csullivan at cambridgema.gov
Wed Jan 16 13:26:37 EST 2008
We've had several illegal tear-downs in Cambridge, mostly ones subject to our demo delay ordinance, but also one recently in a neighborhood conservation district. To see our ordinance, see http://bpc.iserver.net/codes/cbridge/index.htm?tnltext=City%20Ordinances and go to Ch. 2.78, Article II.
The case John Worden referred to occurred at 1564 Massachusetts Avenue in 1984. This was a Greek Revival house, set gable end to the street, with a series of ells tapering off toward the back of the lot. A developer wished to remove the ells and construct five townhouses. The Commission found the ells significant but not preferably preserved, but the contractor immediately demolished all of the house except for the front wall facing the avenue, which he braced up intending to build the new structures behind it. The CHC asked for a stop-work order and, after a hearing, imposed the two-year moratorium on construction provided in the ordinance. The building department ordered the remainder of the structure removed as a public hazard, and we concurred.
This case generated a lot of legal activity, including suits for damages against all the individual commissioners, some city councilors, and the staff. None of these actually got to court, however, and the validity of the ordinance was not challenged. At first the developer wanted to build an as-of-right project on his newly cleared site, which would have netted him about 20 units, but a year and a half into the delay he agreed to build the original five-townhouse project with a replica of the demolished house, in modern materials. The Commission finally waived the delay, and construction resumed in 1986.
We have had a number of demolition cases of a different sort, and these are sometimes harder to spot and more complicated to regulate. These cases involve building permits that are issued for renovations that progress until the entire structure has been replaced. One of these was 1 R.C. Kelley Street in West Cambridge, a ca. 1850 workers cottage. The owner got a permit to renovate the building in 1990, and proceeded to replace every stick of it until all the original fabric was gone. In this case the building department stopped the work, and cited the owner for demolishing a non-conforming building. The CHC found that it was a violation of the demolition delay ordinance, and the resulting two-year delay played out to the end. The owner then received his variance, and construction was completed as he had originally planned.
The two year delay is an effective tool, once word gets around that it will be enforced. It is not always popular, however, because the neighbors have to put up with an inactive construction site; in one notorious case, the developer disappeared and the site remains vacant several years later.
In some cases where violations have occurred, the Commission has cut short the delay when the developer has agreed to recreate the demolished house. This has been accomplished using modern materials; the historic fabric has been lost, but the streetscape has been recovered (you might call this the urban design solution). Episodes like this, however unsatisfactory for preservationists bent on revenge, are sufficiently costly for the owner and tend to please the abutters.
I can't speak to remedies for demolition in districts because of the possibility of litigation in one such case. It seems apparent, though, that the intent of 40C is to preserve structures ("exterior architectural features") in their entirety; exceptions are made for exact replacement of exterior fabric, but only under the rubric of maintenance. The drafters of 40C probably never anticipated today's practice of "extreme rehab" of historic houses. See the National Trust New England regional newsletter for how silly and dangerous this debate can become: http://www.nationaltrust.org/northeast/newsletters/nero-0108.pdf.
Charles Sullivan
________________________________
Charles M. Sullivan, Executive Director
Cambridge Historical Commission
831 Massachusetts Avenue
Cambridge, Mass. 02139
617 349-4684 voice, 349-3116 fax
-----Original Message-----
From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of John Worden
Sent: Monday, January 14, 2008 11:30 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] illegal historic tear-down
There was a case in Cambridge a few years ago where they tore down a house & the Com'n made them reproduce the facade exactly as it was before, Cambridge Historical Com'n can provide details. The structure was on Waterhouse St., just about opposite the Law School and adjacent to the Christian Science Church.
J. Worden
Arlington HDC
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From: <masshistpres-request at cs.umb.edu>
To: <masshistpres at cs.umb.edu>
Sent: Saturday, January 12, 2008 12:00 PM
Subject: MassHistPres Digest, Vol 23, Issue 9
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> 1. Rebuilding after demolition (Dcolebslade at aol.com)
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> Date: Fri, 11 Jan 2008 22:21:37 EST
> From: Dcolebslade at aol.com
> Subject: [MassHistPres] Rebuilding after demolition
> To: masshistpres at cs.umb.edu
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> The architect working for an owner in the historic district who has
> demolished a substantial portion of an 1803 house is stating that
> since most of the house is gone, that the rest should be torn down and
> a new house of a similar external appearance can be built, but with
> new materials if they so desire, and that the historic district
> commission has no say over that. A good portion of the building and
> roofing structure that collapsed has been saved through quick action
> by the building inspector although it is on the ground and in
> dumpsters. The architect challenged the commission with the following
> two
> questions:
> (1) Is there any requirement in Chapter 40C or bylaw that states that
> original materials be used in a renovation?
> (2) Does the Commission have oversight over internal framing?
> Your responses were most helpful in how other commissions have dealt
> with the issue of demolition and rebuilding. I am hoping that you
> can give us some insight into your responses to these questions -
> within the context of demolition.
> Thank you. Betty Slade, Westport
>
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