[MassHistPres] Does anyone have Experience with Demo Bylaw Violation

[Susan Munafo]

Has any commission been faced with a building that was demolished without a
demo permit?  There are too many details to convey adequately in the email
perhaps, but I will try.  

 

Several months ago, we were approached by an architect representing an owner
who represented the project as a renovation, never, ever a mention of
demolition to us or any other board (planning, ZBA, con comm etc.)  Next
thing we know, the building is coming down.  At one point they did seek a
demo permit but it was not signed by the town planner due to lack of demo
plans.  Only part of the building was arguably historically significant, the
part that was supposed to remain.  

 

According to our bylaw, the HC and the building inspector are the only two
that can enforce a penalty.  We are now faced with deciding what the penalty
should be.  

 

Question is, how do you decide the penalty?  We can enforce a two-year delay
which no one wants because a) we don't want a hole in the ground and b)
it's a great project for the town.  The second option is a fine which is up
to 10% of the property's assessed value.

 

I am interested in the criteria other commissions have used to determine the
penalty.

 

Please feel free to call 781-771-8959 or email me at spmunafo at verizon.net

 

Thank you!!

 

Susan Post Munafo

Chair of Swampscott Historical Commission

 

 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20140428/7f286cd9/attachment.htm>