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

[Dennis De Witt]

Julie

You can write rules and regs to cover this assuming your HC bylaw allows you to write R&Rs, which it should.  You don't need to go back to town meeting.  See Brookline's attached R&Rs (sec. F.7) as an example.

Dennis De Witt

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On Nov 1, 2013, at 3:06 PM, James Hadley <jameswhadley at hotmail.com> wrote:

> Your questions are important. A demolition delay bylaw MUST include an expiration of the ability to demolish an historic structure after a specified amount of time has elapsed following the end of the delay period. If it does not include the expiration, a property owner may apply for demolition solely to remove the threat of a delay from his property. 
> In this scenario (which we experienced in Orleans on Cape Cod) the Owner applies for demolition of the historic structure WITHOUT the intention of immediately demolishing the structure. The delay is instituted by the Historical Commission, and the Owner allows it to go on through the 12 month period; then, when it expires, the threat of such a delay is lifted from the property. 
> After experiencing this Twice (the attorney for the Owner was the Town Moderator !!) Orleans voters approved an expiration of the demolition permit associated with a delay after 12 months.
> I strongly urge all other MA commissions to do the same.
> James Hadley
> Former Chair, Orleans HC
> 
> Sent from my iPad
> 
> On Oct 31, 2013, at 9:56 AM, Julie Nardone <julie.nardone at verizon.net> wrote:
> 
>> 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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