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

[Jane Guy]

Our ordinance does not specifically state it, but Salem's building inspector believes that waivers of the Demolition Delay Ordinance are tied to the demolition permit.  So if the demolition permit expires, so does the waiver.  Or if the property changes hands, the demolition permit must be reapplied for under the new owner, and therefore so does the waiver.  The waiver does not run with the land, it runs with the permit.

 
 
Jane A. Guy
Assistant Community Development Director
City of Salem
Department of Planning & Community Development
120 Washington St., 3rd Floor
Salem, MA  01970
978-619-5685
(F) 978-740-0404
jguy at salem.com
www.salem.com
 
Date: Thu, 31 Oct 2013 09:56:40 -0400
From: Julie Nardone <julie.nardone at verizon.net>
Subject: [MassHistPres] Demolition Delay: a one time occurrence or
	like any	other permit?
To: "	masshistpres at cs.umb.edu" <masshistpres at cs.umb.edu>

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