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

[Sullivan, Charles M.]

Marcia,

In Cambridge, our enabling ordinance has two provisions relevant to this issue (see http://library.municode.com/index.aspx?clientId=16889&stateId=21&stateName=Massachusetts&customBanner=16889.jpg&imageclass=L&cl=16889.txt for the whole thing).

2.78.030 - Adoption of rules and regulations.

 The Commission shall adopt rules and regulations for the conduct of its business, not inconsistent with the provisions of the Historic Districts Act [MGL Ch. 40C] or this chapter.
 
2.78.230 - Public meetings and hearings.

 The Historical Commission and each neighborhood conservation district commission shall adopt rules for the reasonable conduct of its meetings and public hearings, which rules shall not be inconsistent with the procedures provided for meetings of and hearings by historic district commissions under Section 11 of Chapter 40C of the General Laws; and in the absence of the adoption of any such rules, meetings and public hearings of the Historical Commission and of each neighborhood conservation district commission shall be in conformity with the provisions of Section 11 of Chapter 40C applicable to historic district commissions.

Charles Sullivan
  
__________________________________
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: Marcia Starkey [mailto:mdstarkey at crocker.com] 
Sent: Tuesday, November 05, 2013 9:39 AM
To: Sullivan, Charles M.; 'James Hadley'; 'Julie Nardone'
Cc: masshistpres at cs.umb.edu
Subject: RE: [MassHistPres] Demolition Delay: a one time occurrence or like any other permit?

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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