[MassHistPres] Demo Delay By-Law - remedies

[Garrett Laws]

No offense intended to anyone involved with the initial drafting of the
first demo-delay bylaw that is the template for everyone else...$300 is
never going to act as potenial deterant to demolishing a whole building
never mind removing a component of a historic structure that truly shows the
character that the building as that would show any layman that it has
historic fabric. It costs nearly the same amount of money to cut a knife for
running molding...

$ 300 a day for 2 years is ~ $ 220,000 which is a number that a commercial
project could easily wrap into part of their "cost of doing business". At
the potential cost of my company losing business...maybe there should a
percentage fine assessed  against the value of the property?

I'm not trying to slam the intent of getting a bylaw up and running in
Wareham, just point out that there may be a need to have a different
financial incentive to retain or not remove without permission a structure
that may be historic.

Can of worms fully opened???

Garrett

On Wed, Jul 1, 2009 at 12:02 PM, Robin Ragle-Davis
<robin at rrinteractive.com>wrote:

> We are working on a draft of a demo delay by-law in Wareham.
>
> I would like to get some input into the various versions of the Enforcement
> and Remedies section.
>
> Our goal is two-fold. First to draft a by-law that will be accepted by Town
> Meeting and second to have a remedies section that works well as a deterrent
> but is also realistic.
>
> The Sample demo-delay text is as follows:
>
> "Any owner of a building subject to this bylaw that demolished the building
> without first obtaining a demolition permit in accordance with the
> provisions of this bylaw shall be subject to a fine of not more than Three
> Hundred Dollars.  Each day the violation exists shall constitute a separate
> offense until a faithful restoration of the demolished building is completed
> or unless otherwise agreed to by the Commission.
> If a building subject to this bylaw is demolished without first obtaining a
> demolition permit, no building permit shall be issued for a period of two
> years from the date of the demolition on the subject parcel of land or any
> adjoining parcels of land under common ownership and control unless the
> building permit is for the faithful restoration referred to above or unless
> otherwise agreed to by the Commission."
>
> Robin Ragle-Davis, Chair
>
> Wareham Historical Commission
>
>
>
>
>
>
>
>
>
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-- 
Cheers,
Garrett

Garrett Laws, Manager
The Copper & Slate Company
Fine Roofing and Exterior Finish Carpentry
238A Calvary Street
Waltham, MA 02453
Ph: (781) 893-1916
Fax: (781) 893-2041

Copperandslate at Gmail.com or
GLaws at hbuilders.net
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