[MassHistPres] demolition permit question

[Dennis De Witt]

Brookline's DD law is not part of its zoning by-law.  Based on prior conversations with town counsel, I think that if it was then statutorily it would have to be administered by the Planning Board.  

It would be interesting to know if anyone has DD under zoning and, if so, who administers it.

Dennis  De Witt


On Jan 4, 2010, at 1:03 PM, Tucker, Jonathan wrote:

> This may seem obvious, but a vacant lot is not a use (reuse) of land, suitable or not.  It is the absence of a use of land that anticipates an unspecified reuse of the property—i.e., we all suspect they want to clear the land in hopes of attracting a new, more profitable reuse.
>  
> Chris raises an interesting point about trying to determine the limits of demolition delay in making such a determination.  However, if your demo delay bylaw is part of your zoning bylaw, then it seems to me that the question of what is and is not a land use does not go away.  To do its job, your Historical Commission must either: 1) make a finding itself about whether or not a vacant lot is a land use (and if it’s not listed in the use chart on your zoning bylaw, I suspect the Commission could justify saying that it’s not), or 2) get somebody else (your zoning enforcement officer) to make that determination for them.  It may all end in your ZBA’s lap if the applicant appeals, anyway, in which you’ll get an answer one way or another.
>  
> You mentioned that among the disparate opinions you’ve received was one from your Town Counsel.  What did he/she say?
>  
> Jonathan Tucker
> Planning Director
> Amherst Planning Department
> 4 Boltwood Avenue, Town Hall
> Amherst, MA  01002
> (413) 259-3040
> tuckerj at amherstma.gov    
>  
>  
>  
> From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of melanie deware
> Sent: Friday, January 01, 2010 6:11 PM
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] demolition permit question
>  
> For those of you who may be following our news, Easton may be facing the demolition of our historic Shovel Shops/Ames Shovel Works complex.  During discussions, the question was raised as to whether "vacant lot" was a suitable reuse of the property as indicated by the owner on the demolition application.   We have heard many differing opinions on the answer.  Anyone know of any precedent that may help the Historical Commission (we believe it is not a suitable reuse)?
>  
> Melanie Deware
> Chairman, Easton Historical Commission
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