[MassHistPres] Demolition Delay inquiry

[Burks, Sarah]

Brian,

The Cambridge ordinance also provides a definition of “Preferably preserved significant building” as, “any significant building which the Commission determines, as provided in Section 2.78.090D of this chapter, that it is in the public interest to be preserved or rehabilitated rather than to be demolished.”


Cambridge Municipal Code, 2.78.090D reads in a similar fashion to what you quoted from the Newton Ordinance.

If the Commission staff shall have made an initial determination that a building which is the subject of the application is or may be a significant building, the Commission shall review the application and such initial determination at a public meeting of the Commission for which the Commission shall cause to be published in a newspaper of general circulation in the City notice that such application will be considered. Such notice, which shall specify the address of the subject building, shall be published in an issue of such newspaper distributed in the week preceding the week in which such meeting is held, or in an earlier week. If requested either by the applicant for the demolition permit or by ten citizens not later than the date of such public meeting, or if at any time the Commission wishes to have the benefit of a public hearing, the Commission shall hold a public hearing prior to making the determination provided for in this section. If the Commission determines, after such a hearing if one has been held or without such hearing if no hearing has so been requested, that the demolition of the subject building would result in the demolition of a significant building whose loss would be detrimental to the historical or architectural heritage or resources of the City, such building shall be considered a preferably preserved significant building. The Commission may delegate to the Commission staff authority to determine without any hearing that a building is not a preferably preserved significant building and to so advise the Building Commissioner. Upon determination by the Commission or by the Commission staff that a building is not a preferably preserved significant building or upon failure by the Commission to make any determination within forty-five days of the date that a copy of the application was submitted to the Commission, the Building Commissioner may, subject to Section 2.78.130 of this article, grant the permit applied for.


A determination that a building is preferably preserved is a relative determination made after consideration of the proposed replacement project.

______________________
Sarah L. Burks
Preservation Planner
Cambridge Historical Commission
831 Massachusetts Ave., 2nd Fl.
Cambridge, MA 02139
Phone 617-349-4687; Fax 617-349-3116; TTY 617-349-6112
http://www.cambridgema.gov/historic





From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Blever3043
Sent: Thursday, March 17, 2011 10:13 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Demolition Delay inquiry

Hello All,

In Newton one of our Aldermen is challenging the "vagueness" of our Demolition Delay ordinance specifically the criteria by which the Historical Commission determines a building preferably preserved (put on delay).  We have a two step process first a determination of historical significance (requiring demo review by Commission) and then whether or not the building is found preferably preserved.  We have specific criteria for historical significance 50+ years and NR listed or associated with a historic person ect.

The determination of preferably preserved or not is as follows:
“If the commission finds that the demolition proposed in the application would result in the demolition of a historically significant building or structure whose loss would be detrimental to the historical or architectural heritage or resources of the City of Newton, then the commission shall find that the building or structure should be preferably preserved.”

This is the section regarded as too vague.  As far as I can tell from looking at other demo delays this is pretty standard.  Does any community have more specified language for a detrimental loss?  If so could you send me a copy or link to your ordinance.


Thanks,


Brian Lever







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