[MassHistPres] demolitionby neglect

John Worden jworden at swwalaw.com
Wed Jan 16 14:33:21 EST 2008


Adding to Chris Skelly's list, some, if not all, of the historic districts 
in Boston include demolition by neglect provisions.

J. Worden
Arlington HDC


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----- Original Message ----- 
From: <masshistpres-request at cs.umb.edu>
To: <masshistpres at cs.umb.edu>
Sent: Wednesday, January 16, 2008 12:00 PM
Subject: MassHistPres Digest, Vol 23, Issue 11


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> Today's Topics:
>
>   1. illegal historic tear-down (John Worden)
>   2. demolition by neglect by-laws (SCeccacci at aol.com)
>   3. Re: Fwd:  Rebuilding after demolition (Tristram W Metcalfe 3)
>   4. Re: demolition by neglect by-laws (Chris Skelly)
>   5. Re: demolition by neglect by-laws (blever3043 at aol.com)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 14 Jan 2008 11:29:54 -0500
> From: "John Worden" <jworden at swwalaw.com>
> Subject: [MassHistPres] illegal historic tear-down
> To: <masshistpres at cs.umb.edu>
> Message-ID: <028b01c856ca$b2ac7bd0$6633a8c0 at JLW>
> Content-Type: text/plain; format=flowed; charset=iso-8859-1;
> reply-type=original
>
> 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
>
>
> **********
>
> This transmittal is intended only for the use of the named recipient,
> and may contain information that is privileged, confidential,
> and/or exempt from disclosure.  If the reader of this transmittal is
> not the intended recipient, you are hereby notified that any
> dissemination, distribution, or copying of this communication is
> strictly prohibited.  If you have received this communication in
> error, please contact the sender by reply e-mail and destroy all
> copies of this message and any attachments.  Thank you.
> ----- Original Message ----- 
> 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
>
>
>> Send MassHistPres mailing list submissions to
>> masshistpres at cs.umb.edu
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>> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
>> or, via email, send a message with subject or body 'help' to
>> masshistpres-request at cs.umb.edu
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>> Today's Topics:
>>
>>   1. Rebuilding after demolition (Dcolebslade at aol.com)
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> 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
>> Message-ID: <c31.22f74461.34b98c41 at aol.com>
>> Content-Type: text/plain; charset="US-ASCII"
>>
>>
>> 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
>>
>>
>>
>>
>> **************Start the year off right.  Easy ways to stay in shape.
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>> End of MassHistPres Digest, Vol 23, Issue 9
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>
>
>
>
> ------------------------------
>
> Message: 2
> Date: Tue, 15 Jan 2008 17:42:02 EST
> From: SCeccacci at aol.com
> Subject: [MassHistPres] demolition by neglect by-laws
> To: masshistpres at cs.umb.edu
> Message-ID: <be5.22bae8ca.34be90ba at aol.com>
> Content-Type: text/plain; charset="US-ASCII"
>
> Several historic buildings listed on Preservation  Worcester's Most
> Endangered lists over the past few years have been  condemned recently as 
> unsafe and
> ordered demolished by the City of  Worcester.  If the owners will not or 
> cannot
> repair these buildings, the  City requires demolition.  All have arrived 
> at
> their current state as a  result of lack of care and maintenance over 
> several
> years' time.  In some  cases, we have actually seen the deterioration 
> occur
> right before our  eyes.  Most can be considered cases of "Demolition by 
> Neglect".
>
> Although Worcester has a Demolition Delay ordinance, it does not include
> provisions to prevent demolition by neglect.  Such an ordinance might have
> helped prevent the deterioration of these buildings to such a point  that 
> there is
> little other alternative to demolition.
>
> I am interested to know what cities and towns have demolition by neglect
> by-laws, what are the provisions of their by-laws, how they are 
> administered,
> and how effective they are.
>
> Susan McDaniel Ceccacci
> Historic Preservation Consultant
> Jefferson, Massachusetts
>
>
>
> **************Start the year off right.  Easy ways to stay in shape.
> http://body.aol.com/fitness/winter-exercise?NCID=aolcmp00300000002489
>
>
> ------------------------------
>
> Message: 3
> Date: Mon, 14 Jan 2008 19:54:08 -0500
> From: Tristram W Metcalfe 3 <twm33 at verizon.net>
> Subject: Re: [MassHistPres] Fwd:  Rebuilding after demolition
> To: <Dcolebslade at aol.com>, <masshistpres at cs.umb.edu>
> Message-ID: <C3B16E60.1D01D%twm33 at verizon.net>
> Content-Type: text/plain; charset=US-ASCII
>
> The most egregious comment attributed to the architect &/or owner is the 
> use
> of the word "similar". "Exact same" should be your position especially if
> they have blatantly violated trust and LHD zoning law.
>
> If built exactly, then what ever the materials,, with it's precisely same
> appearance, then the highest value to the public can be saved in the
> historic visual aesthetics.
>
> Tris
>
> Tristram W. Metcalfe III, AIA  NCARB  NY MA CT
> 142  Main St. Northampton, Mass 01060
> Ph 413.586.5775 Fx 586.2577
> Mobile 413.695.8200
> twm3 at rcn.com
>
>
>
>
>> Dcolebslade at aol.com1/13/08 9:02 PMDcolebslade at aol.com
>
>> How is this answer to the questions originally posed  below?
>>
>> It is our understanding that the house now requires  reconstruction. The
>> owner's opportunity for the  renovation of an existing structure was lost 
>> when
>> his crew's reckless activity caused the collapse of  the building.  We 
>> believe
>> that the exterior of a  historic building includes the
>> shingles/clapboards/trim/window frames and sash,  the sheathing that 
>> stuff was
>> nailed to and the frame
>> that supported everything  and defined the building's distinctive form. 
>> By
>> understanding and arguing this logic, the commission could require that 
>> the
>> original cape be reconstructed in its original manner, post and beam,
>> vertical
>> sheathing, etc. Internal structure could be hermaphrodite construction 
>> (a
>> logical combination of new and old). The architect would have to prepare
>> detailed construction plans including structural building sections, not 
>> vague
>> elevations.
>>
>>
>>
>> ____________________________________
>> From: Dcolebslade at aol.com
>> To: masshistpres at cs.umb.edu
>> Sent: 1/11/2008  10:24:19 P.M. Eastern Standard Time
>> Subj: [MassHistPres] Rebuilding after  demolition
>>
>>
>>
>> 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
>
>
>
> ------------------------------
>
> Message: 4
> Date: Wed, 16 Jan 2008 10:01:49 -0500
> From: "Chris Skelly" <Skelly-MHC at comcast.net>
> Subject: Re: [MassHistPres] demolition by neglect by-laws
> To: <masshistpres at cs.umb.edu>
> Message-ID: <008e01c85850$b9757610$6401a8c0 at Advantage>
> Content-Type: text/plain; charset="us-ascii"
>
> In Massachusetts, Lowell, Nantucket and Newton have a demolition by
> neglect ordinance.
> *********************
> Christopher C. Skelly
> Director of Local Government Programs
> Massachusetts Historical Commission
>
>
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of SCeccacci at aol.com
> Sent: Tuesday, January 15, 2008 5:42 PM
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] demolition by neglect by-laws
>
> Several historic buildings listed on Preservation  Worcester's Most
> Endangered lists over the past few years have been  condemned recently
> as unsafe and
> ordered demolished by the City of  Worcester.  If the owners will not or
> cannot
> repair these buildings, the  City requires demolition.  All have arrived
> at
> their current state as a  result of lack of care and maintenance over
> several
> years' time.  In some  cases, we have actually seen the deterioration
> occur
> right before our  eyes.  Most can be considered cases of "Demolition by
> Neglect".
>
> Although Worcester has a Demolition Delay ordinance, it does not include
>
> provisions to prevent demolition by neglect.  Such an ordinance might
> have
> helped prevent the deterioration of these buildings to such a point
> that there is
> little other alternative to demolition.
>
> I am interested to know what cities and towns have demolition by neglect
>
> by-laws, what are the provisions of their by-laws, how they are
> administered,
> and how effective they are.
>
> Susan McDaniel Ceccacci
> Historic Preservation Consultant
> Jefferson, Massachusetts
>
>
>
> **************Start the year off right.  Easy ways to stay in shape.
>
> http://body.aol.com/fitness/winter-exercise?NCID=aolcmp00300000002489
> ******************************
> 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
> ********************************
>
>
>
> ------------------------------
>
> Message: 5
> Date: Wed, 16 Jan 2008 11:35:26 -0500
> From: blever3043 at aol.com
> Subject: Re: [MassHistPres] demolition by neglect by-laws
> To: Skelly-MHC at comcast.net, masshistpres at cs.umb.edu
> Message-ID: <8CA2674EEB6F2A7-E74-10 at WEBMAIL-DF19.sysops.aol.com>
> Content-Type: text/plain; charset="us-ascii"
>
>
> Newton's applies to local landmark properties, not every property, so the 
> property would have to be landmarked before the neglect could be evaluated
>
>
>
> Brian Lever
>
> City of Newton
>
>
> -----Original Message-----
> From: Chris Skelly <Skelly-MHC at comcast.net>
> To: masshistpres at cs.umb.edu
> Sent: Wed, 16 Jan 2008 10:01 am
> Subject: Re: [MassHistPres] demolition by neglect by-laws
>
>
>
>
> In Massachusetts, Lowell, Nantucket and Newton have a demolition by
> neglect ordinance.
> *********************
> Christopher C. Skelly
> Director of Local Government Programs
> Massachusetts Historical Commission
>
>
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of SCeccacci at aol.com
> Sent: Tuesday, January 15, 2008 5:42 PM
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] demolition by neglect by-laws
>
> Several historic buildings listed on Preservation  Worcester's Most
> Endangered lists over the past few years have been  condemned recently
> as unsafe and
> ordered demolished by the City of  Worcester.  If the owners will not or
> cannot
> repair these buildings, the  City requires demolition.  All have arrived
> at
> their current state as a  result of lack of care and maintenance over
> several
> years' time.  In some  cases, we have actually seen the deterioration
> occur
> right before our  eyes.  Most can be considered cases of "Demolition by
> Neglect".
>
> Although Worcester has a Demolition Delay ordinance, it does not include
>
> provisions to prevent demolition by neglect.  Such an ordinance might
> have
> helped prevent the deterioration of these buildings to such a point
> that there is
> little other alternative to demolition.
>
> I am interested to know what cities and towns have demolition by neglect
>
> by-laws, what are the provisions of their by-laws, how they are
> administered,
> and how effective they are.
>
> Susan McDaniel Ceccacci
> Historic Preservation Consultant
> Jefferson, Massachusetts
>
>
>
> **************Start the year off right.  Easy ways to stay in shape.
>
> http://body.aol.com/fitness/winter-exercise?NCID=aolcmp00300000002489
> ******************************
> 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
> ********************************
>
> ******************************
> 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
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> End of MassHistPres Digest, Vol 23, Issue 11
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