[MassHistPres] Demolition Delay By law

[Jane Guy]

Our DD ordinance is ancient and we don't actually have any language in
it that addresses expirations or transfers.  It has just been an
unwritten past practice that the waiver remains in effect as long as the
property does not change hands.  I agree, usually approvals (or
violations*) run with the land, not the owner.  But so far, no one has
challenged our practice.

* There are times that a violation is not discovered until after the
property changed hands and the Commission typically will not put the
violation on the new owner.  

 
 
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, 03 May 2011 12:19:50 -0400
From: Dennis De Witt <djd184 at verizon.net>
Subject: Re: [MassHistPres] Demolition Delay By law

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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Message: 4
Date: Tue, 3 May 2011 13:52:42 -0400
From: "Acerbo Bachmann, Kathryn"
	<KAcerboBachmann at trinitychurchboston.org>
Subject: [MassHistPres] Jean Carroon/Sustainable Preservation Lecture
	in	Acton
To: <MassHistPres at cs.umb.edu>
Message-ID: <10A7F11F9173AD4A8C3BCDD4A4FB2C040374EB9E at FS4.TRINITY.LAN>
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Sustainable Preservation- The Power of Preservation/Reuse as a Green
Strategy Lecture by Jean Carroon FAIA, LEED(r) AP 

May 16, 7 PM, Town Hall, Room 204, 472 Main Street, Acton

Co-sponsored by the Town of Acton Historic District Commission, Acton
Historical Commission, Department of Municipal Properties and Green
Acton

Buildings account for nearly 40% of all U.S. energy use and carbon
emissions. With one of the country's leading preservation architects as
your guide, the lecture will explore the power of adaptive reuse to
reduce those numbers and move us toward sustainability. Sustainable
Preservation makes a compelling argument that preservation and
sustainability don't just protect the environment, but deliver a full
range of societal benefits, from job creation to stronger social
connection. 

Jean Carroon, FAIA, LEED(r) AP, is a principal in Goody Clancy's highly
regarded preservation practice, based in Boston. She has earned national
recognition for her expertise in applying sustainable-design technology
to historic buildings, including more than a dozen National Historic
Landmarks. She has directed the adaptive reuse and preservation of
signature buildings in a broad range of sectors, including educational,
civic and cultural projects for clients such as Harvard University and
the National Park Service. She is currently working on the renovation of
more than 50 historic structures on the St. Elizabeth's West Campus in
Washington, which will become the home of the Department of Homeland
Security. 

Free and open to the public. Questions hdc at acton-ma.gov.



Kathryn Acerbo-Bachmann, Director of Art & Architecture Programs Trinity
Church in the City of Boston
206 Clarendon Street, Boston, MA 02116
Telephone: 617-536-0944, Facsimile: 617-536-8916

Notice from Trinity Church in the City of Boston: The contents of this
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