[MassHistPres] Demo Delay Appeal

[Zimmerman Sally]

Hi all-
I am not sure the inclusion of an appeals process would be all that beneficial in the case of demolition delay by-laws: part of the rationale for demolition delay is that it is time limited and not a permanent injunction against demolition. In communities with a six month delay, for example, an appeal could well take nearly as long to complete. Where there is a longer delay period, I believe many by-laws allow for applicants to return in less than the full delay period to reduce the moratorium when evidence or circumstances shift.
Sally Zimmerman


 
 
Sally Zimmerman
Manager of Historic Preservation Services
Historic Homeowner Program
185 Lyman Street
Waltham, MA 02452-5645
New Phone Contact: 
(617) 994-6644 Direct
 
>>> David Temple <davidftemple at yahoo.com> 10/7/2011 2:49 PM >>>
In Medfield, an historical commission decision to delay demolition can be appealed to the board of selectmen. Town meeting voters adopted the DD bylaw in 1993. Only once, in 1994, has a DD decision been appealed, and we quickly and easily reached a compromise solution.

In your reply, please include my original message. AOL users please note!

David Temple 
David F. Temple, Inc. 
300 South Street 
Medfield, MA 02052 
508-359-2915 

From: james hadley <jameswhadley at hotmail.com>
To: vahistorian at comcast.net; masshistpres at cs.umb.edu
Sent: Friday, October 7, 2011 11:13 AM
Subject: Re: [MassHistPres] Demo Delay Appeal

This is a very good question and I am interested in seeing the answers. In Orleans (also on the Cape, as is Dennis) we do not have any appeals process, so an applicant would have to go to court to seek relief. Our experience with the Town Government WRT preservation issues has not been good - they intruded in our well advanced process to create a Nat. Reg. Historic District and it was knocked into submission a number of years ago. (The entire plan had been worked thru with MHC and was ready to go.) The process was so unpleasant that we have not revived it. My own feeling is that the less politics the better.
Also, please note that Dennis's most historic areas are within the Old Kings Highway Historic District, and therefore have double protection. In spite of this the Dennis Union Church (built 1838) has what appears to be replacement windows with plastic muntin bars as part of a recent "Energy Star" renovation. Everything depends on a solid information base and this is not something one finds within the political process. We can find it right here, however, in this listserve, so someone from Dennis can correct my observation if it is incorrect.
James W. Hadley AIA
Chair, Orleans Historical Commission 
 
> From: vahistorian at comcast.net
> Date: Fri, 7 Oct 2011 10:35:41 -0400
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] Demo Delay Appeal
> 
> Hello all,
> Do any Historical Commission's have an appeal process written into their Demolition Delay bylaws?
> A petitioner has submitted an article for town meeting to set an appeal process through the Board of Selectmen in Reading.
> They based the wording on Dennis, MA bylaw. Focus is on Constitutional Rights/property rights.
> Any insight and experience would be appreciated!
> Virginia Adams, Reading Historical Commission
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