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

[Dennis De Witt]

It might be useful to clarify terms.  
-- The demo delay process does not involve a "waver" in the normal sense of the term.  
-- Nor is there a "DD permit" as suggested below.  
It is a delay in the issuing a Building Permit.  I believe normally a "demolition permit" is a building permit to demolish.

Your response covers at least three types of cases:
-- a) the delay times out and then the permit expires, all under the same owner; 
-- b) the delay times out and then the property is transferred with the permit to demolish unexpired
-- c) the property is transferred during the delay before the permit to demolish can be issued

Example a) should be simple.  The whole process should have to start over as a new and separate case because its a new permit application.

b) & c) don't seem as clear to me.  It has been the operative assumption in Brookline (rightly or wrongly, I guess I can't say) that a sale does not restart an ongoing DD cycle while the delay is in effect.  The operative analogy that has been used is that it is normal for developers to acquire an option on a property but not close on it unless and until all regulatory permitting (zoning, etc.) is concluded.  The permitting then goes with the land to the new owner.

in case b) the question is whether a building permit terminates with a sale and need to be reapplied for.  That doesn't seem clear.  I believe I can think of cases where a building is sold during construction, and certainly before a CofO has been issued.  In such cases must there be a whole new building permitting process?  Perhaps someone can clarify.  I'm not aware of that being the case. 

in case c) as long as the DD is in effect, the permit to demolish is not issued and thus is not transferred.  I could imagine a lawyer arguing that restarting the DD clock while a DD was still in effect would constitute a longer delay than the statute called for.  An interesting question.

Dennis De Witt


On Nov 4, 2013, at 11:45 AM, Jane Guy <JGuy at Salem.com> wrote:

> 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
> 
> 
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