[MassHistPres] Demo Delay By-Law - remedies

[Dennis De Witt]

Garrett

Perhaps someone can correct me, but I believe $300/day set by some  
state statute.

Dennis De Witt
Brookline


On Jul 1, 2009, at 12:58 PM, 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 
> > 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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