[MassHistPres] Demolition Delay inquiry

[Tucker, Jonathan]

Brian:

Your  alderman is correct.  The language is vague (broad).  But that’s on purpose.

The detailed criteria for determining the historical significance of n individual building, structure or site are what provide the initial ‘framing’ for the question of relative detriment, but they do not determine it.  The second step is deliberately broad (‘vague’) because successfully determining how the loss of an historically significant building or structure might impact a community’s heritage and resources involves widely varying factors.  The discretionary exercise of judgment is the only way it can work.

The “historical or architectural heritage or resources” of any given community are unique and different, because each community has its own unique history.  A building of a certain period and style may be the only one of its kind in one community, whereas there might be dozens in another community.  Or two buildings of a comparable age and style in a single community might have profoundly different levels of association with historic persons or events of state or local significance.  Or one might have been very well cared for, while the other has been renovated so many times that most of the original fabric is gone.  In these cases, the loss of the more significant or more intact building could indeed have a detrimental effect on the community, whereas the loss of the other might be an occasion for regret, but would not rise to the level of “detriment.”

For demolition delay to work, there is no way to avoid authorizing the reasonable exercise of judgment by qualified local permitting officials.  The factors which determine potential detriment (or its absence) are too variable, and cannot be simply and reliably codified to meet every circumstance.  Whatever language was devised, it would fail to address some important circumstances in a community.  Attempts to impose an inflexible simplicity are too often just attempts to make demolition easier and/or less expensive to accomplish, regardless of the community’s needs.

Here’s a link to Amherst’s Demolition  Delay Bylaw.  See pp.109-110.  I hope it’s useful:

http://www.amherstma.gov/DocumentView.aspx?DID=267

Jonathan Tucker
Planning Director
Amherst Planning Department
4 Boltwood Avenue, Town Hall
Amherst, MA  01002
(413) 259-3040
tuckerj at amherstma.gov<mailto:tuckerj at amherstma.gov>




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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