[MassHistPres] Demo Delay Bylaw

[Marcia Starkey]

Hello,

This is a very difficult point...is there case law on incorrect filing under the state building code?  Is there a way to cite character defining elements in a bylaw or ordinance?  A % can be the wrong approach.

Marcia Starkey, Greenfield   


---- Original Message ----- 
  From: Fletcher, Susan 
  To: masshistpres at cs.umb.edu 
  Sent: Monday, November 17, 2008 2:43 PM
  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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