[MassHistPres] Demo Delay By-Law - remedies

[Sullivan, Charles M.]

In this kind of situation, fines are not only financially meaningless but also cumbersome to assess and collect. The real disincentive is the two-year stop-work order, because it affects financing and permitting for the entire project. As Ellen Lipsey reported, you will have to inflict this penalty very rarely after the first time - word will get around.

The other problem with this provision is the term "faithful restoration." This could be easily challenged because there is no reasonable definition of "faithful." I suggest that you omit the entire provision for fines and stick with the two-year hold, perhaps adding a provision that the Commission may at its discretion advise the building inspector to terminate the hold if it is satisfied that the public interest would be better served by mitigation efforts proposed by the owner. Mitigation might well include a "faithful restoration," but then it would be clearly within the Commission's discretion to accept it or not.

Charles Sullivan

________________________________ 
Charles M. Sullivan, Executive Director 
Cambridge Historical Commission 
831 Massachusetts Avenue 
Cambridge, Mass.  02139 
617 349-4684 voice, 349-3116 fax 


-----Original Message-----
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 12:02 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Demo Delay By-Law - remedies

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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