[MassHistPres] Demolition Delay: a one time occurrence or like any other permit?

[Sullivan, Charles M.]

In Cambridge, CHC approvals expire after six months but can be extended one or more times by the Chair, acting on his own authority. Approvals for demolition permits are based on the nature of the replacement project, so if that changes a case would definitely need to be heard over again.

Here's a copy of the policy:

	
CAMBRIDGE HISTORICAL COMMISSION
Policy Limiting Validity of Permits


It is the policy of this Commission that determinations or findings of the Commission upon which certificates are granted with respect to any Historic District, Neighborhood Conservation District, or Landmark designated under Chapter 2.78 of the Municipal Code, or with respect to the demolition of any other structure more than fifty years old in the city, which is the subject of Chapter 2.78, Article II, should be reviewed de novo if the work authorized by such certificate is not commenced within six months of the date of such certificate, if the work authorized by such certificate is suspended in significant part for a period of one year after the time the work is commenced, or if demolition has not been substantially concluded within six months following either (a) the determination that a structure is not a preferably preserved significant structure or (b) the expiration of the demolition delay period with respect to the structure provided for in Paragraphs E and H of Section 2.78.090  (as the case may be);

In implementation of this policy, each certificate granted by this Commission shall, unless specifically determined by the Commission to the contrary with respect to any certificate, be on the condition, which shall be stated therein, that if the work authorized by such certificate is not commenced within six months after the date of issuance of such certificate or if such work is suspended in significant part for a period of one year after the time the work is commenced, such certificate shall expire and be of no further effect; provided that, for cause, one or more extensions of time for periods not exceeding six months each may be allowed in writing by the Chair;

This policy is to be communicated to the Building Commissioner with the request that any demolition permit with respect to any structure as to which any determination by this Commission (or its staff) has been required pursuant to Chapter 2.78, Article II be on the condition that the demolition of such structure be undertaken within a period of six months of the date of the determination that such structure is not a preferably preserved significant structure or within a period of six months of the date of the expiration of any waiting period pursuant to Article II unless the Chair shall have , for cause, granted in writing one or more extensions of time for periods not exceeding six months each during which the building may be demolished without a de novo review. 

January 8, 2009

__________________________________
Charles M. Sullivan, Executive Director
Cambridge Historical Commission
831 Massachusetts Avenue
Cambridge, Mass.  02139
617 349-4684 (direct line)
617 349-3116 (fax)


-----Original Message-----
From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Julie Nardone
Sent: Thursday, October 31, 2013 9:57 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Demolition Delay: a one time occurrence or like any other permit?

Hello!

I know there has been some discussion of this topic before and I've spoken to several folks on this list. Am hoping to get additional information from folks in the trenches.

In Ashland, we have several situations where the Historical Commission voted to enact a Demolition Delay, but after the delay period passed the home did not meet its demise.

In all these situations, the home was then sold. One even to the Town. 

Our Business Inspector told me several times that he thought the Demolition Delay would be treated like any other building permit. In our town they, expire after the two years. And the new owner needs to reapply.

The permit to demolish comes through the building inspector's office.

Our Town Counsel opined to our HC Chair that the Demolition Delay is a one time only occurrence.

Our DD bylaw does not say it is a one time occurrence.

May I please ask what your experiences have been in this situation?

A) Is it a one time only occurrence?

B) Does the DD permit go with the home or the land?

C) Have you updated your DD bylaw to add the language to make it a renewable action?

Thank you!

Julie Nardone
Ashland Historical Commission




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