[MassHistPres] MassHistPres Digest, Demo Delay

[Sarah LaValley]

Hi Jack-

If you're holding the hearing as part of the process to identify structures to include in your demo delay list, then there's certainly no reason to hold it, it's already gone. 
Holding a hearing now could certainly generate some animosity towards the demo delay process, which is not a good thing.
It's demo preceded the bylaw, the property owner wasn't in violation of any local law.  Holding a hearing pursuant to a new law certainly seems to violate some of his rights, is likely not legal, and would be akin to forcing someone to seek a special permit for an already-existing use that was in full compliance with zoning when constructed.  

Perhaps this could just be used as an example of how the new bylaw could help save historic structures in the future.

Sarah I. LaValley
Conservation, Preservation and Land Use Planner
City of Northampton
Office of Planning and Development
210 Main Street, Room 11
Northampton MA, 01060
Ph: 413.587.1263

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Message: 2
Date: Tue, 24 Aug 2010 13:50:56 -0400
From: "jack mac donald" <ospreydesign at verizon.net>
Subject: [MassHistPres] Demo Delay
To: <masshistpres at cs.umb.edu>
Message-ID: <004101cb43b4$e7a47480$b6ed5d80$@net>
Content-Type: text/plain; charset="us-ascii"

Hi All,

 

Just want to run this by the group.  Bourne is holding a demo delay hearing
to discuss whether or not a 125+/- year old barn should be preserved.  As a
Commission member I contacted the homeowner to look at it and he informed me
it was torn down "5 years ago."  It was demo'd prior to the town's demo
delay bylaw being in effect.  To me it seems like a huge waste of time and
recourses to have a phony hearing and what, chastise the homeowner??  I
don't think it's the Commission's business to scold homeowners for past
deeds.  I was also told by the Commission chair it, "Has to be approved."
Yeah!?  I said for the record I vote to not allow the demo!!  Has anyone had
a similar experience?

 

Jack Mac Donald

Osprey Design Inc.