[MassHistPres] Demolition Delay By law

[Dennis De Witt]

Jane

Do you mean "permanent as long as the property does NOT change hands"?

In Brookline, as I think elsewhere, it was determined that that a permission to demolish could time out but that it also had to be transferable, like planning permission.

The Brookline R&R language is:
If no Demolition Permit is issued within three years of the Commission’s determination of Significance and of the termination of any court action preventing the issuance of said permit, whichever period shall be longer, or if a Demolition Permit is issued but the building is not demolished before the expiration of said permit, including any extensions allowed by the Building Commissioner, then any subsequent Application for the demolition of the building shall be processed in accordance with sections 5.3.3. through 5.3.12 inclusive, without reference to any prior determination with respect to Significance.  Upon a showing by the applicant that due to the complex nature of the development project and despite the applicant’s significant efforts he or she has been unable to permit, design and/or finance a project within three years, the Preservation Commission may extend the time for a Demolition Permit for a reasonable time to accommodate such a project.

Dennis De Witt


On May 3, 2011, at 12:05 PM, Jane Guy wrote:

> 
> Salem's policy is that the Waiver of Demolition Delay is permanent as
> long as the property does change hands (once the 6 months has elapsed,
> they can demolish anytime thereafter).  However, if there is a new owner
> and the building was not demolished by the previous owner, then the new
> owner will need to start the process over.
> 
> 
> 
> Jane A. Guy
> Assistant Community Development Director
> City of Salem
> Department of Planning & Community Development
> 120 Washington St., 3rd Floor
> Salem, MA  01970
> 978-619-5685
> (F) 978-740-0404
> jguy at salem.com
> www.salem.com
> 
> Date: Tue, 3 May 2011 09:52:40 -0400
> From: "Marcia Starkey" <mdstarkey at crocker.com>
> One point to remember is that the normal permit is for 6 months and only
> continues if work is commenced. If no work has been done, there has to
> be a new application. At least this is true in Greenfield.  Marcia
> Starkey, GHC  
> 
> 
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