[MassHistPres] Rules & Regs

[Dennis De Witt]

Alexander -- and anyone else trying to figure out how the Brookline  
R&Rs relate to our DD by-law.

The Brookline DD law is attached.  I don't think it's on the web site  
yet.  It might be worth noting that, on the advice of town counsel,  
the R&Rs avoided, as much as possible, paraphrasing or quoting the  
laws we administer to avoid the risk of someone "shopping" for the  
preferred version between the law and the R&Rs.  Thus you need both to  
follow the logic of those parts affected by the R&Rs.  This is  
particularly true of the DD bylaw.

Dennis De Witt
Brookline

  
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On Jun 9, 2009, at 1:55 PM, Alexander Macmillan wrote:

> Dennis:
>
> Is the text of your demolition delay bylaw online, and if so, could  
> I have a
> link?
>
>
> Alexander Macmillan, Chair
> Hingham Historical Commission
> P.O. Box 212
> Hingham, MA  02043
>
> Tel:  781-749-0612
> Cell: 781-775-4275
> Fax: 781-749-1795	
> Email:  alexandermacmillan at comcast.net
>
>
>
>
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
> Sent: Monday, June 08, 2009 8:49 PM
> To: MHC MHC listserve
> Subject: [MassHistPres] Rules & Regs
>
> After a year of drafting and review (and 20 years of having gotten  
> along
> without them) the Brookline Preservation Commission has approved a  
> set of
> Rules & Regulations -- not to be confused with guidelines, which are
> incorporated by reference.  (See attached.)  One reason we did it  
> was that
> we had language we wanted to incorporate in our revised demo law  
> which we
> were told was too complex and was better addressed by "rule making"  
> -- as is
> commonly done with all sort of legislation.
>
> See the language of the Demolition by neglect and interior  
> demolition delay
> sections to see why that made sense.
>
> It also has the advantage that, within limits you can correct for  
> errors and
> omissions.  Thus we now have a rule about when a demo delay  
> "expires" and
> the process must be started over again.  Much easier than going to  
> Town
> Meeting to build it into the bylaw.
>
> Thanks to those towns (admittedly not many) who already had R&Rs on  
> line --
> from some of which we shamelessly borrowed the odd bits and pieces.
>
> Dennis De Witt
> Brookline
>
>