[MassHistPres] Demo Delay By-Law - remedies

Wed Jul 1 13:39:30 EDT 2009

In my mind, those are the types of solutions these bylaws try to 
encourage.  It really just give the town an opportunity to work with the 
property owner to a mutually acceptable solution.

In our bylaw (and I expect most others as well), the HC can end the 
delay period at any point.  This is motivation for the owner to work 
with the HC.

Garrett Laws wrote:
> Tony,
> 
> Thanks for the clarification on the time frame of the fine.
> 
> Do you think there is a better approach?
> 
> - Approval of "demolition" by allowing a salvage company to dismantle a 
> property?
> - Some other creative way to keep part of history while allowing life to 
> ebb and flow as normal?
> 
> Garrett
> 
> On Wed, Jul 1, 2009 at 1:15 PM, Tony Willoughby <tonyw at pobox.com 
> <mailto:tonyw at pobox.com>> wrote:
> 
> 
>     The two years is in reference to the building permit moratorium, not
>     the $300/day.  The fine goes on forever, which can add up to quite a
>     bit.  :-)
> 
>     Mendon recently passed a similar bylaw.  We are a pretty
>     conservative town, many people have very strong opinions about
>     "property owner's rights".
> 
>     The Town Meeting was contentious.  There were two attempts to amend
>     (read: castrate) it.  One was to reduce the delay from 6 to 3
>     months. The other was to eliminate the $300/day fine.  Both
>     amendments were rejected.  In the end it passed by a relatively slim
>     margin.
> 
>     http://mendonma.net/depts/media/HistoricalCommission/Demolition%20Delay%20Bylaw/Passed%20by%20Town%20Meeting%20(May%201%202009).pdf
> 
> 
> 
> 
>     Garrett Laws wrote:
> 
>         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 <mailto:robin at rrinteractive.com>
>         <mailto:robin at rrinteractive.com
>         <mailto: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 <mailto:GLaws at hbuilders.net>
>         <mailto:GLaws at hbuilders.net <mailto:GLaws at hbuilders.net>>
> 
> 
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> 
> 
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>         <mailto:Christopher.Skelly at state.ma.us> directly.  PLEASE DO NOT
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> 
>     -- 
>     Tony Willoughby tonyw at pobox.com <mailto:tonyw at pobox.com>
> 
>     "My career is about as promising as a Civil War leg wound."
>     -Warren Zevon
> 
> 
> 
> 
> -- 
> 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 <mailto:GLaws at hbuilders.net>

-- 
Tony Willoughby tonyw at pobox.com

"Next time, I would rather break than bend."
  - Warren Zevon