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

[Dennis De Witt]

Marcia

Brookline's DD bylaw includes the following sentence: 
"The Commission may from time to time adopt such rules and regulations as are necessary to administer the terms of this bylaw."

Any DD law should include something like it.
Additionally -- I'm not a lawyer but MGL40 section 8D, under which Historical Commissions are created, also includes this very broad language:

[the commission] may make and sign any agreements and may do and perform any and all acts which may be necessary or desirable to carry out the purposes of this section.  

Dennis De Witt



 

On Nov 5, 2013, at 9:38 AM, Marcia Starkey <mdstarkey at crocker.com> wrote:

> Can anyone cite the authority for adopting a regulation? 
> 
> Marcia Starkey, Greenfield HC
> 
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Sullivan, Charles M.
> Sent: Monday, November 04, 2013 2:13 PM
> To: James Hadley; Julie Nardone
> Cc: masshistpres at cs.umb.edu
> Subject: Re: [MassHistPres] Demolition Delay: a one time occurrence or like
> any other permit?
> 
> A commission (at least in a city; I don't know about towns) can also
> implement this kind of thing by adopting a regulation, after following the
> proper procedure as to hearings and public notice.
> 
> __________________________________
> 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 James Hadley
> Sent: Friday, November 01, 2013 3:07 PM
> To: Julie Nardone
> Cc: masshistpres at cs.umb.edu
> Subject: Re: [MassHistPres] Demolition Delay: a one time occurrence or like
> any other permit?
> 
> 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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