[MassHistPres] Demolition Delay inquiry

[AngieEmberley at aol.com]

Here are the 4 criteria used in Waltham:
 
The building is listed on the National Register, or has been found to be  
eligible on the National Register.
 
The building is at least 75 years old in whole or in part.
 
The building is historically or architecturally significant, and is  
important with one or more historic persons, events, or within the broad  
architectural, cultural, political, social, or economic history of the City  of  
Waltham or the Commonwealth of Massachusetts.
 
The building is historically or architecturally important or significant in 
 terms of the period, the style, the method of construction or its 
association  with a recognized architect or builder, either by itself or in context 
with a  group of buildings.
 
Hope this helps.
 
Angie Emberley, Chairperson
Waltham Historical Commission
 
 
In a message dated 3/17/2011 11:56:01 A.M. Eastern Daylight Time,  
sburks at cambridgema.gov writes:

 
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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