[MassHistPres] question on demo delay expiration times

[Marisa Morra]

I am the Co-Chair of the Weston Historic Commission

We have an issue before us that we have discussed many times, but have never actually had a case until now. We have a c.1912 house in a NR historic area that waited out a 6 month demolition delay (our maximum) 8 years ago, but never did anything to the house.  Now they want to tear it down and build new, and do no think that they need to come back in to the Historic Commission for review again.  

Our building inspector/ building permit administrator has said that a demo delay application is part of the demolition/building permit and therefore has a 2 year expiration date, like an actual demo permit. This is not EXPLICITLY  written on our demolition delay application, but is explicitly written on the demolition permit application.

Town counsel has said there is nothing in the bylaws that says we cannot bring them in again.


Can we bring them in and go thorough the same process again without explicitly sating that on our own application? This would meant they have to go through initial determination, then [3-4 weeks later ]Public hearing, then we could  impose a 6 month demolition delay from the public hearing date. 

Does anyone have a similar situation? 

Does anyone know of a legal case that corresponds to this?

thank you
Marisa Morra
Co-Chair, WHC