[MassHistPres] question on demo delay expiration times

[Sarah Korjeff]

Marissa,
I know the town of Chatham, MA recently had a similar situation with a
property.  The building was first proposed for demolition in 2007, and
at that time the Chatham Historical Commission imposed a 12-month
demolition delay.  The building remained on the site after the
demolition delay period ended and, per the town's bylaw, the demolition
permit expired after two years.  When the current owner proposed
demolition in 2012, the project was brought before the Chatham
Historical Commission again and went through the demolition delay
hearing process.

Sarah Korjeff
Preservation Specialist
Cape Cod Commission
Barnstable, MA
508-362-3828

-----Original Message-----
From: Marisa Morra [mailto:marisa-ah at comcast.net] 
Sent: Thursday, May 03, 2012 9:34 AM
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