[MassHistPres] Fwd: Demo delay applicability

[James Hadley]

Almost all town by-laws are different, based on home-rule, so you should 
review Topsfield's. It seems clear to me from our modus operandi here in 
Orleans that the application for demolition is particular to the applicant, 
and has no transferrability. Since the individual application  for 
demolition permit is what triggers the hearing on demolition delay, it 
should be the case that the new application will result in a new hearing and 
either a delay, or an agreement to demolish (remote, but possible - and this 
possibility seems to me to validate the new hearing and potential new 6 
month delay.)

But consider this for a moment: a thorough review of the issue might take a 
number of months. Perhaps this additional time should be invested in order 
to BE SURE. Then comes the 6 month delay. Hmmmmmmmmm.

Jim Hadley, Chair, Orleans Historical Commission

----- Original Message ----- 
From: "Alison Hardy, Window Woman" <ahardy at window-woman-ne.com>
To: <masshistpres at cs.umb.edu>
Sent: Wednesday, June 04, 2008 10:50 AM
Subject: [MassHistPres] Fwd: Demo delay applicability


>
>
> "Alison Hardy, Window Woman" <ahardy at window-woman-ne.com> wrote: Date: 
> Mon, 2 Jun 2008 14:20:45 -0700 (PDT)
> From: "Alison Hardy, Window Woman" <ahardy at window-woman-ne.com>
> Subject: Demo delay applicability
> To: masshistpres at cs.umb.edu
>
> Here in Topsfield new owners of a property want to tear down their 
> beautiful 1830's English Tie Beam barn and put up an office structure. The 
> previous owner had applied to do same citing bad condition of barn (it has 
> been looked at by timber frame specialist and deemed quite salvagable). 
> The HC issued a six month demo delay on the barn. The property was then 
> sold to new people. They now also want to tear down the barn. My 
> interpretation of the demo delay bylaw is that it is tied to a request for 
> a building/demo permit and since the new owners would be requesting a demo 
> permit they have to come before the HC again for review and possible demo 
> delay. Even our building inspector isn't clear on if this process is 
> correct. Any of you had similar occurances? Right now our town 
> administrator has legal counsel reviewing so I'd like to see if there are 
> any similar cases out there.
>
> Thanks,
> Alison Hardy
> Topsfield Historic Commission
>
>
> Alison Hardy
> Window Woman  of New England
> www.window-woman-ne.com
> 978-561-1062
>
>
> Alison Hardy
> Window Woman of New England
> www.window-woman-ne.com
> 978-561-1062
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