[MassHistPres] Demo Delay Bylaw

[Tucker, Jonathan]

You need to try to address the disconnect with your building inspectors
first, or your amendments to your demo delay bylaw will only be source
of open conflict.  They're not going to appreciate you trying to
convince your legislative body to mandate an interpretation of what is
and isn't a demolition without their input.  There are definitions of
what constitutes a demolition in the Building Code-you should know how
much latitude they have (and don't have).  Try to negotiate a more
preservation-inclined culture of interpretation among your inspectors,
first, and only default to a legislative definition if those
negotiations fail, or if they agree that the clarity such a definition
would bring would be helpful.  It couldn't hurt to have them supporting
it.

 

Jonathan Tucker

Planning Director

Town Hall, 4 Boltwood Ave.

Amherst, MA  01002

(413) 259-3040

(413) 259-2410 [fax]

tuckerj at amherstma.gov   

 

-----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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