[MassHistPres] Demolition Delay

[Rhayw12345 at aol.com]

Hi Folks,
 
I am in need of some advice in regards to a situation the Medford  
Historical Commission is facing in regards to a property currently under  demolition 
delay. I want to find out if other Historical Commissions faced a  similar 
situation and how they handled it.
 
We received an application from a homeowner who owns a circa 1860  
Italianate dwelling with a large 25'X25' carriage barn in the Second Empire  style. 
The applicant wishes to tear down the carriage barn to put up a  
prefabricated dwelling. As the structure is older than 1900, we had review. We  
researched the structure, prepared a MHC form B and determined that demolition  
would be significant. A six month demolition delay has been imposed on the  
structure.
 
Since the imposure, the commission laid out a set of clear progress steps  
the homeowner would need to take in order to determine there is no viable  
alternative to demolition. We began by asking why they could not keep the  
structure on site, and ruled that out based on evidence submitted by the 
owner.  We then asked them to list the building for sale to move on a site, such 
as  this. The owner chose craigslist for two weeks with no response. We 
again asked  them to list it here, but since asking the following situation 
arose:
 
The homeowners, in an attempt to push for demolition, hired a private  
engineer to prepare a report which notes significant deficiencies in the  
structure. This report, filed to the building department, has triggered their  
review. Also, while this occurred, the homeowners learned that since their 
house  had been subdivided (their own doing), the parcel with the carriage house 
is no  longer is insured. They have since indicated they will now allow 
nobody to  move the structure, nor document it (I know I just posted something 
here, we are  still pushing as that is ludicrous to not even try) because 
they are now liable  for anything that occurs. With both of these factors, the 
building department  feels the building should most likely come down, and 
will probably order the  homeowner to do so at some point. The homeowners 
have completely ceased all  attempts to look for mitigation to demolition and 
have dug in that now,  demolition is the only answer.
 
Have historical commissions faced a similar situation with homeowners who  
have done such things? How do you handle the insurance issue? How about the  
building department? They are citing the state building code (as our bylaw 
only  allows for demo if there is no alternative, and that's nothing a fence 
can't  cure). Also, what do commission's do if homeowners cease trying to 
work with  their board? I understand a homeowner is well within their rights 
to wait it  out. I am sure some of you would be interested on it here 
(unfortunately, I feel  bad as I cannot really disclose too much information here) 
plus this is a broad  network, so I sure it could reach out to someone in 
the business of taking old  things.
 
As far as I read our demolition bylaw, a historical commission can really  
only be concerned with mitigation efforts. Any activity or concern for the  
building from a safety level will only be handled from the building 
department.  As the burden falls on the homeowner to satisify the Commission, we 
have more  than been helpful thus far and to see the conversations cease is 
unfortunate. At  this time, I believe, they are asking us to lift the 
demolition delay,  which would be against everything we just worked the past three 
months for to  save (and were not even a month into our demolition delay just 
FYI).
 
I would be interested in hearing responses. I am sure others would be  
interested as well, but if not, you can always reply to me off list, but I am  
sure this will be a good topic! We are having a meeting on Monday, so the 
more  information I can gather before 7PM then, would be awesome!
 
Thanks!
Ryan
 
 
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