[MassHistPres] Fwd: Demo delay applicability

[Marcia Starkey]

Isn't this question linked to an application for a demolition permit? If 
there is a new application it seems that it is also a new demodelay review. 
Here, applications are filed by the owner with new information.
Marcia Starkey, Greenfield HC

----- Original Message ----- 
From: "Dennis De Witt" <djdewitt at rcn.com>
To: "MHC listserve" <masshistpres at cs.umb.edu>
Sent: Thursday, June 05, 2008 11:40 AM
Subject: Re: [MassHistPres] Fwd: Demo delay applicability


> Alison
>
> If your bylaw is like most, if the Commission doesn't act within a
> given time period you forfeit your right to impose a delay.
>
> While after some discussion we could get our Town Counsel to agree
> that LHD design review is not transferable to a new owner, we did not
> explicitly address that re demo delay.  Our draft Rules & Regs and
> our practice has been to assume that the ability to demolish is good
> for three years after the stay has been lifted or has timed out,
> without respect to whether there has been a transfer of title.  It
> would be interesting to know if anyone does require reapplication by
> a new owner, even if there has been a recent application.  I think
> the argument against such a practice would be that building permits
> are routinely transferable.
>
> In the case of LHD certificates the prevailing argument in our
> discussion with town counsel seemed to be that while building (and
> demo) regulations are universal throughout the state, and thus a
> change of ownership shouldn't matter, LHD design review is very case-
> specific and locality specific, and thus there is a much greater
> chance that a new owner wouldn't understand all of the constraints
> and might not conform to the Commission's expectations.  Furthermore,
> unlike demo cases, wherein permission to act has been denied, in the
> analogous LHD case permission will have been granted to the old owner
> and the presumption is that it will be granted again to the new owner.
>
> Dennis De Witt
> Brookline
>
>
> On Jun 5, 2008, at 11:39 AM, James Hadley wrote:
>
>> 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
>>> ******************************
>>> 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
>> 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
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> ********************************
>