[MassHistPres] Demolition Request

Tristram Metcalfe 3 twm3 at rcn.com
Fri Jan 28 15:30:42 EST 2011


Also;
>

There may be a solution for preservation by getting a professional  
preservation architect or engineer to take the liability and let the  
building official off the hook. They just want to protect their  
decision from any failure no matter how unlikely it is and take the  
easy safe path with the destruction.

In my 40 years of registered architectural practice its been a very  
consistent situation time after time after someone questions safety  
the official then quickly opts toward demolition. They are  
conservative of liability,, NOT  conservative of history. It may be  
normal human nature to feel "safer"  when ignoring reality in logic,  
facts, wisdom, etc, etc.

Even if an historic gem is starting to tip or bend with spots breaks,  
its no big deal to simply block up windows and doors at ground level.  
The best odds are it will take decades to ultimately cave into a pile  
which then gives developers a chance to reuse it. However If they  
want it gone its easy for them to get an official to agree.

Some are lucky to have an official who cares about the future of the  
built environment, but all should accept a registered professionals  
opinion to remove liability from their department.

Tris Metcalfe, Northampton

Tristram W. Metcalfe III,   AIA  NCARB  NY MA CT
142  Main St. Northampton, Mass. 01060
E <twm3 at metcalfe-architecture.com>
P 413.586.5775 C 413.695.8200
Alt.E < twm3 at rcn.com >

http://www.wmaia.org/metcalfe/metcalfe_associates.html







On Jan 28, 2011, at 11:42 AM, Tucker, Jonathan wrote:

> All:
>
>
>
> If the building was indeed deemed by the building commissioner to  
> be “structurally unsafe” under the building code and therefore a  
> public safety liability, then there’s nothing to be done.  Public  
> health and safety is the foundation of law and trumps everything  
> else.  Check out MGL Ch. 143, Sections 6-10.
>
>
>
> There may be a question as to whether the building official  
> involved made a decision based solely on the facts of the structure  
> or their own personal ideology about development, but changing that  
> in the future either means educating the building official or  
> getting a new official.  I’m not aware of any regulation that can  
> overcome such a determination.
>
>
>
> 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 Marcia Starkey
> Sent: Friday, January 28, 2011 11:03 AM
> To: 'Paul Bourdon'; cvwtc at aol.com; masshistpres at cs.umb.edu
> Subject: Re: [MassHistPres] Demolition Request
>
>
>
> Under a demolition delay bylaw should this building demolition had  
> review? Marcia Starkey, Greenfield HC
>
>
>
> From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres- 
> bounces at cs.umb.edu] On Behalf Of Paul Bourdon
> Sent: Wednesday, January 26, 2011 3:12 PM
> To: cvwtc at aol.com; masshistpres at cs.umb.edu
> Subject: Re: [MassHistPres] Demolition Request
>
>
>
> A good point may be to make sure the building inspector understands  
> the significance of the building and efforts being made to secure it.
>
>
> On 1/26/11 3:00 PM, "cvwtc at aol.com" <cvwtc at aol.com> wrote:
>
> Approving of their hardship would also teach others looking to rid  
> themselves of historic properties to defer on maintenance until a  
> structure becomes unsafe and needs to be torn down.
>
> We've had a couple of examples of that happening in Beverly, most  
> notably the Washington-Beedle School.  Before preservationists even  
> had a chance to advocate for this city-owned property, it was  
> suddenly determined to be "structurally unsafe" so it was torn down  
> almost overnight to make room for a Walgreens.  Laws governing  
> historic preservation can always be bypassed if a structure is  
> deemed unsafe and once a structure is gone, there's no way to  
> obtain a second opinion.  Your group needs to strongly oppose a  
> demolition hardship if the integrity of your district is to be  
> maintained.  It would also set the proper tone.
>
> Has a community ever given the owners of an historic property a tax- 
> break to stimulate renovation?  It seems like many city councils  
> have no problem giving sustained and significant property tax  
> reductions to wealthy developers when they come before City Hall to  
> pitch a project.
>
> Matt Pujo
>
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