[MassHistPres] question on demo delay expiration times

[james hadley]

We in Orleans have faced the same problem from a different perspective. 
An applicant and his attorney (the Town Moderator, BTW) applied for demo
 permits on 2 properties. The intention was to allow the delay to 
expire and then have properties free of the 1 year constraint, to allow 
for a future demolition at any time or for a sale to another owner, without the demolition delay encumbrance. 
We 
have therefore changed the wording of our bylaw to limit the life of a 
demolition permit granted under the demolition delay bylaw to 2 years 
beyond the expiration of the 1 year delay. 

This item goes before Town Meeting on Monday night. (If you would like to see an advanced text of this law I will forward to you individually, separate from the entire list.)
In your case, if the applicant had also applied for a building permit, the BI's opinion would seem to be valid. Hence our bylaw change includes a requirement that an applicant for demolition of a mapped historic structure have a projected use as a replacement, and demonstrate an actual need to demolish.

James W. Hadley

chair, Orleans Historical Commission

> From: marisa-ah at comcast.net
> Date: Thu, 3 May 2012 09:33:59 -0400
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] question on demo delay expiration times
> 
> 
> 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
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