[MassHistPres] MassHistPres Digest, Demo Delay

[jack mac donald]

Thanks Sarah and all for replies. Greatly appreciated.  An attorney has
reiterated what you have all stated with the caveat that, "There is more to
this than meets the eye."  I will post an update if and when we "see" more.
Jack Mac Donald
Osprey Design Inc.


-----Original Message-----
From: Sarah LaValley [mailto:slavalley at northamptonma.gov] 
Sent: Wednesday, August 25, 2010 12:10 PM
To: masshistpres at cs.umb.edu; ospreydesign at verizon.net
Subject: RE: MassHistPres Digest, Demo Delay

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

------------------------------

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.

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