[MassHistPres] Demo BylawViolation

[John Worden]

Arlington had  this situation a few years ago.  Developer was penalized with
a 2-year delay after which he built a huge ugly house.  The "hole in the
ground" is a non-issue because the Bldg Inspector can require it to be
filled in as a safety precaution.

 

John Worden

Arlington HDC

 

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Sullivan, Charles M.
Sent: Monday, April 28, 2014 4:53 PM
To: Susan Munafo; masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Does anyone have Experience with Demo
BylawViolation

 

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

 

Thank you!!

 

Susan Post Munafo

Chair of Swampscott Historical Commission

 

 

 

 

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