[MassHistPres] Demo ByLaw Statute of Limitations

[Dennis De Witt]

Ann

Assuming your statute has a provision for writing rules and regs, which it should, then you should be able to deal with that issue thru rulemaking.  Here is the section of the Brookline Preservation Commission's R&Rs covering that issue:

Section 7.  Required reapplication

If no Demolition Permit is issued within three years of the Commission’s determination of Significance and of the termination of any court action preventing the issuance of said permit, whichever period shall be longer, or if a Demolition Permit is issued but the building is not demolished before the expiration of said permit, including any extensions allowed by the Building Commissioner, then any subsequent Application for the demolition of the building shall be processed in accordance with sections 5.3.3. through 5.3.12 inclusive, without reference to any prior determination with respect to Significance.  Upon a showing by the applicant that due to the complex nature of the development project and despite the applicant’s significant efforts he or she has been unable to permit, design and/or finance a project within three years, the Preservation Commission may extend the time for a Demolition Permit for a reasonable time to accommodate such a project.


Dennis De Witt

On Apr 2, 2013, at 11:09 AM, Ann Chapdelaine <designer1446 at comcast.net> wrote:

> Does anyone have a statute of limitations on the Demolition Delay By-Law in their city or town? We allowed the demolition of an historic house three years ago.  The owner decided not to demolish the house.  He sold it and the new owner wants to demolish the house.  Our building official notified us of this new application but told us that we already voted to allow the demolition and he said since we voted he will allow it and that there is no statute of limitations in our by-law.  I am wondering if there is  a statute of limitations in the State Building Code for demolitions?  We have  several new member who may not have voted the way we did at the time but would enact the 6 month delay period.
>  
> Ann J. Chapdelaine, Chairperson
> North Attleborough Historical Commission
> Town Hall
> 43 South Washington Street
> North Attleborough, MA. 02760
> Direct Line : 508-789-4466
> 
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