[MassHistPres] owner request to demolish property based on condition
Dennis De Witt
djd184 at verizon.net
Tue Jan 25 17:11:42 EST 2011
Nancy
Please take a close look at my posting of Jan. 11 on the Belmont 40c hardship memo and see if this case meets all of those five tests. Ignoring a & b, which is not to say they might be met, one is hard pressed to imagine how it could possibly meet tests c, d, & e.
As for how it would be handled elsewhere, I can't imagine that demolition of a 1630 house in an LHD would be allowed in Brookline -- where the oldest LHD house is only about 1800. (Would it be allowed in any LHD in the state?) Recently demolition of a 1955 single story slab on grade mid-century modern house was denied even though the broker insisted that no one would want it. Almost immediately the owner of a big Victorian in another LHD bought it, has made a matching addition to one side, and reportedly is thrilled.
Dennis De Witt
On Jan 24, 2011, at 10:20 PM, Nancy Dole wrote:
> Hi everyone.
>
> We have had an owner application for a certificate of hardship to allow them t o demolish a house they own in the district. I will just copy here the minutes from the meeting this evening, and ask for comments.
>
>
> Applicant came to discuss the situation with the family homestead, she and her brother are the current owners, as of 1998. They want to demolish the house and build a new house in the same location, and would begin that process by requesting a certificate of hardship, based on the age and condition of the existing structure. The original house is a cape circa 1630, built by Josiah Standish, one of the original settlers of West Tisbury, and the son of Miles Standish, a well known figure in American history. The additions to the original structure were built in 1865 by applicant's great great grandfather. The house has great significance in the town’s history, and is a town and island landmark. But it is in severe disrepair, and the current owners are not able to do the work needed to preserve it. Demolishing it and building a new home would be their preferred solution.
>
> It is not clear if a hardship that is unique to the property and is not applicable to the rest of the district, which is required by our bylaw, could be that it is older than any other structure in the district and is in such disrepair that it is not worth fixing.
>
> One of our members suggested we do some research to see how other districts have handled the issue of a house that is of great historic value to a district, but is beyond repair and/or too costly for the owners to repair. We decided to contact the Mass Historic Commission Mail Server List, and raise the issue.
>
> There was discussion by the members as to whether the original 1630 cape was more historic than the 1875 additions, which were add-ons, and if those add-ons could be demolished and not replaced, while the original cape could also be demolished, but be replaced by a replica.
>
> The decision was made to schedule a site visit for Saturday the 29th at 10:30 am. The members of the Historic Commission as well as any other interested parties are welcome to attend.
>
> Another meeting will be scheduled for February 7th.
>
> So I am doing as requested, and writing to ask if any of the other districts have had applications like this, and how they were resolved.
>
> Thanks,
>
> Nancy Dole
> West Tisbury Historic District Commission
>
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