[MassHistPres] Demo Delay Bylaw

Tue Nov 18 14:10:01 EST 2008

For those interested, here is Brookline's

h. "Demolition" – (i) the act of pulling down, destroying, removing or  
razing a Building or a significant portion thereof, by removing one  
side of the building, or removing the roof, or removing 25% of the  
structure; (ii) moving a Building from its site with no permitted new  
location for said Building; (iii) in the case of a Building within  
Section 5.3.5(b), substantially gutting (as defined by the  
Preservation Commission per section 5.3.14) an interior space that has  
generally been open to the public and is integral to the historic  
character of the building; (iv) in the case of a building within  
Section 5.3.5(b), the systematic removal, effacement, or destruction  
of the exterior architectural elements which define or contribute to  
the historic character of the Building, or (v) commencing any of the  
foregoing work.  "Demolition" as used herein shall be deemed to  
include Demolition by Neglect.

  i. “Demolition by Neglect” - a process of ongoing damage to the  
fabric, viability and/or functionability of a building leading towards  
and/or causing its eventual demolition due to decay and/or structural  
failure and/or severe degradation over a period of time as a result of  
a general lack of maintenance, and/or failure to secure the building  
from pests or vandals, and/or failure to take reasonable measures to  
prevent the ingress of water, snow, ice, and wind through the roof,  
walls, or apertures.

  Section 5.3.5(b) mean NR listed so that iii & iv only apply to NR  
buildings -- which also get an 18 month delay vs 12 months for others

Our building inspector has interpreted the 25% rule to include any  
combination of removed or altered wall surfaces adding up to 25%.

Our Rules and Regs -- in process -- define "substantial gutting" and  
prescribe a methodology for dealing with demo by neglect cases

Dennis De Witt
Brookline

On Nov 18, 2008, at 1:26 PM, Anne Louro wrote:

> 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
>
> ******************************
> 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
> ********************************

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20081118/4001d505/attachment.htm 