[MassHistPres] preemptive DD applications

[james hadley]

We have been advised by Town Counsel that setting an expiration date for a demolition permit is a remedy for a requested demolition permit that is intended to accompany a property when it is not actually slated to be torn down. This would be in cases where an owner intends to market the property, and has the demolition permit in hand to offer to potential purchaser who does not intend to keep the structure. In the event that the potential purchaser wants to keep the structure, the demolition permit will expire, or has expired.
This remedy limits the ongoing vunerability of the structure that has been given the 1 year permit, but has the danger, of course, that it might actually push an owner into demolishing, rather than going thru with multiple requests. But best not to try to think these out too far in the future like a chess game.
In a case of a demolition request to create an empty lot, a remedy would not be apparent, alas.
James W Hadley, AIA  


From: kgreenfield at comcast.net
To: djd184 at verizon.net; jameswhadley at hotmail.com; masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] preemptive DD applications
Date: Wed, 5 Jan 2011 17:05:19 -0500



T/Reading Historical Commission is faced with the same issue -- our first preemptive demo application, with stated reuse  "vacant lot".
Our bylaw only requires that a plan for reuse be submitted for the public hearing. It does not state or imply that said plan couldn’t be a vacant lot.
We put the structure under 12-month delay last night.  Here is the commercial listing (I don't know why it says it's in Andover, MD. It is in Reading, MA):
http://www.masscommercialproperties.com/listings/32-258-Main-Street-2-33/
 
We are interested to hear responses to Dennis DeWitt's question.
 
K. Greenfield
Reading Historical Commission




From: Dennis De Witt 
Sent: Wednesday, January 05, 2011 4:51 PM
To: James Hadley ; MHC MHC listserve 
Subject: Re: [MassHistPres] preemptive DD applications

James 


More preemptive demo applications here leads me to ask if you all have gotten any further on your proposed demo bylaw revision below that you sent out last summer.


. . .or if anyone else has a requirement that there must be a physical plan for a replacement before consideration of a demo permit.


Dennis De Witt





On Jul 7, 2010, at 11:42 AM, james hadley wrote:


Our Town Counsel has advised us to revise the by-law as follows:
 
In order to have standing to file a Notice of Intent an applicant must have a present intent to demolish a Significant Building within twelve months of the date of the Notice of Intent.
 
He further recommends that the NOI include a copy of the demolition plan and the proposed reuse of the property.
 





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