[MassHistPres] Does anyone have Experience with Demo Bylaw Violation

[Sullivan, Charles M.]

A two year delay is painful, but enforcing it cuts down on repeat violations. In our experience, once every five to ten years is enough to make potential perpetrators think twice.

Many buildings here are already non-conforming under zoning, so when our ISD determines that a building has been illegally demolished the owners are flagged with a potential zoning violation, which is another disincentive.

_________________________________
Charles Sullivan, Executive Director
Cambridge Historical Commission
831 Massachusetts Avenue
Cambridge, Mass.  02140
617 349-4684

From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Susan Munafo
Sent: Monday, April 28, 2014 6:46 AM
To: masshistpres at cs.umb.edu
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<mailto:spmunafo at verizon.net>

Thank you!!

Susan Post Munafo
Chair of Swampscott Historical Commission




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