[MassHistPres] Demo ByLaw Statute of Limitations

[james hadley]

Orleans Modified the language to limit the length of the demolition permit so that this would not happen. It runs 12 months from the end of the demo delay period. After that it is void and applicants must reapply. Here is the language:



106-7.
EXPIRATION OF FINDINGS.

 

All determinations by written finding
made by the Historical Commission pursuant to 106-3 (C) and (D) shall expire
two years from the date of the written finding if the work authorized has not
commenced.   All determinations by
written finding made by the Historical Commission pursuant to 106-3 (E) shall
expire two years from the expiration of the demolition delay period if the work
authorized has not commenced.


"106-3 findings" indicates the re sults of the demolition delay hearing.
James Hadley, Chair, Orleans Historical Commission

From: designer1446 at comcast.net
To: masshistpres at cs.umb.edu
Date: Tue, 2 Apr 2013 11:09:34 -0400
Subject: [MassHistPres] Demo ByLaw Statute of Limitations

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, ChairpersonNorth Attleborough Historical CommissionTown Hall43 South Washington StreetNorth Attleborough, MA. 02760Direct Line : 508-789-4466

 
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