[MassHistPres] question on demo delay expiration times

[Marcia Starkey]

My understanding is that the Commission is empowered to advise the Inspector
of Buildings on demo delay and therefore it seems that the Inspector makes
that decision. In our single case, the Inspector acted in that capacity.  

Marcia Starkey, Greenfield  

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Marisa Morra
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
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