[MassHistPres] Fwd: Demo Delay By-Law - remedies

[Lipsey, Ellen]

Boston has used violation enforcement twice, with the imposition of a
2-year moratorium on building permits for the site.  In once case the
Boston Landmarks Commission was concerned that the neighbors might find
it punitive to have an empty lot instead of a house nearby. However, the
building department required that the lot be graded, seeded, and
appropriately fenced. Ultimately, the enforcement appeared to act as a
deterrent to others as it occurred fairly shortly after the demolition
delay was adopted, and there has been only one finding of voluntary
demolition since.  The second enforcement was for a garage demo'd with
no plans to rebuild. The building department put a stop work order on
rehabilitation of the house, required a site plan submittal, and charged
double for the permit to rehab the house. Those actions are standard for
building department enforcement. 
 
 
Ellen J. Lipsey
Executive Director
Boston Landmarks Commission
City Hall, Room 805
Boston, MA 02201
617-635-3850 ph
617-635-3435 fax
ellen.lipsey at cityofboston.gov
 

________________________________

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Robin Ragle-Davis
Sent: Wednesday, July 01, 2009 2:26 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Fwd: Demo Delay By-Law - remedies


This raises another question. I'm still looking for information on any
Towns that may have used different language to get an idea of what
others are doing but the other question - has anyone had to use this
enforcement and what was the eventual outcome?


Begin forwarded message:


	From: Dennis De Witt <djdewitt at rcn.com>
	Date: July 1, 2009 12:53:14 PM EDT
	To: Robin Ragle-Davis <robin at rrinteractive.com>
	Subject: Re: [MassHistPres] Demo Delay By-Law - remedies

	Those rules mirror ours but in about 25 years we have never had
an illegal demolition of a significant property so I can't comment on
how enforcement might work.
	
	Dennis De Witt
	
	
	On Jul 1, 2009, at 12:02 PM, Robin Ragle-Davis 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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Robin Ragle-Davis, Principal
rr.interactive
robin at rrinteractive.com
www.rrinteractive.com

ragle + davis soapworks
www.ragleanddavissoapworks.com









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