[MassHistPres] Demo Delay Bylaw

[Chris Skelly]

Hi Susan, 

 

If you are seeking to revise your bylaw, please take a look at the MHC
sample demolition delay bylaw.  It may have some language that would be
useful for you.  

 

Defining what constitutes a demolition can be placed in the bylaw
although it could also be placed in the historical commission's rules
and regulations.  Defining demolition in the rules and regulations
offers flexibility in making changes later on.  

 

I think language such as removal of a roof, removal of one side of a
building, removal of more than 25% of the structure are good places to
start.  The advice I give to everyone is to avoid using a demolition
delay bylaw to regulate all exterior changes.  They aren't designed for
this.  So, it is best not to stretch your definition of a demolition.
Regulating exterior architectural features is best accomplished through
a local historic district, architectural preservation district or design
review bylaw.  Demolition delay bylaws do a great job at what they are
designed to do - provide a window of opportunity to saving a building.  

 

In terms of the example you mentioned below, if only the foundation
remains, a better definition of demolition isn't going to help.  This
was very clearly a demolition.  If the owner didn't have a permit for
this, then there is a violation.  How your demolition delay bylaw
handles enforcement of violations is very important here.  

Christopher C. Skelly 
Director of Local Government Programs 
Massachusetts Historical Commission  
220 Morrissey Boulevard, Boston, MA 02125 
Ph: (617) 727-8470 / Fax: (617) 727-5128  
Christopher.Skelly at state.ma.us 
http://www.sec.state.ma.us/mhc/mhcidx.htm 
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-----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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