[MassHistPres] Demolition Delay inquiry

Fri Mar 18 12:39:42 EDT 2011

Thanks Sarah and Angie.  If anyone else has criteria to share for how a Historical Commission determines whether or not to initiate a demolition delay please let me know.

Brian Lever

-----Original Message-----
From: AngieEmberley at aol.com
To: sburks at cambridgema.gov; blever3043 at aol.com; masshistpres at cs.umb.edu
Sent: Fri, Mar 18, 2011 12:31 pm
Subject: Re: [MassHistPres] Demolition Delay inquiry

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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