[MassHistPres] Demo Delay Bylaw

[Anne Louro]

Susan,
 
New Bedford just amended its demolition by-law to include a delay (finally, after 10 years attempting to pass it by City Council), but just as important, the ordinance clearly defines the definition of "demolition" to avoid circumvention. (Credit to the communities of which we borrowed the following language)
 
a)     "Demolition" The intentional act of substantially pulling down, destroying, defacing, removing or razing a building or structure or commencing the work of total, substantial or partial destruction with the intent of completing same.  In addition to complete demolition of a building, the following actions shall require a demolition permit:

1.      Removal of a roof for the purpose of; raising the overall height of a roof; rebuilding the roof to a different pitch; or adding another story to a building.

2.      Removal of one or more exterior wall(s) or partition(s) of a building.

3.      Gutting of a building's interior to the point where exterior features (windows, etc) are impacted.

4.      Removal of more than 25% of a structure's overall gross square footage as determined by the department of inspectional services.

5.      The lifting and relocating of a building on its existing site or to another site.

                    
                     6.   Altering a building's key-character defining features, making it non-eligible to be listed in the National Register of Historic Places.
 
The other important factor is to establish a good working relationship with your building commissioner so that there is clear understanding of the intent of the by-law and good communication between you. Good luck.
 
 
 
 
 
-----Original Message-----
From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu]On Behalf Of Fletcher, Susan
Sent: Monday, November 17, 2008 2:43 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Demo Delay Bylaw



 

As those of you who have demolition delay by-laws are well aware, they can be a very frustrating and, in the end, do not often provide for a happy ending.  That being said, our Preservation Commission is currently reviewing the language of our By-Law in order to correct some flaws that we have discovered.

 

The main concern is establishing a firm line as to when 'remodeling' becomes demolition.  We recently lost a mid 1800's structure because the Building Department viewed the application to add an addition to the front and the rear as a 'remodel' and not a demo.  The whole building ended up coming down with only the foundation remaining.  Obviously some building owners are circumventing the intent of our By-Law in order to avoid the public process and public discussion.

 

Do any of you have demo delay by-laws/ordinances that establish clearer lines between renovation/remodel and demolition?  Would it make sense to establish a percentage of demolition that could occur as a result of a remodel that could not be exceeded without applying to our Preservation Commission?   Should we require all additions to submit an application under our Demolition Delay By-Law?

 

I would appreciate any and all input

 

Thank you

 

Susan Fletcher

Asst. Director of Planning and Human Services

(978) 777-0001 ext. 3027

Fax (978) 762-0215

email:  sfletcher at mail.danvers-ma.org

 

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