[MassHistPres] Does anyone have Experience with Demo Bylaw Violation

[james hadley]

If the architect was registered in MA then you may have a viable ethics violation complaint against him or her. A willful misrepresentation sounds like this to me, and of course, the un-permitted demolition sounds the same.
You can contact the MA licensure officials at www.mass.gov/ocabr/licensee/dpl-boards/ar/ and request more information in this regard. If the person was not a registered professional then there is little recourse via this approach.
James W. Hadley AIA
former chair, Orleans Historical Commission
From: spmunafo at verizon.net
To: masshistpres at cs.umb.edu
Date: Mon, 28 Apr 2014 06:45:35 -0400
Subject: [MassHistPres] Does anyone have Experience with Demo Bylaw Violation

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 MunafoChair of Swampscott Historical Commission    
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