[MassHistPres] Grandfathering a Demolition Delay By-Law

[Burks, Sarah]

Hi James,

I would certainly recommend against this type of grandfathering. If that were the rule, then existing owners could just apply on behalf of an interested buyer, get a  demolition permit, then sell the property and pass the permit along to the new owner. This would certainly weaken the by-law.  Keep in mind that a demolition delay is only that-a delay-so it's not like the existing owners would be unable to move forward with demolition plans even if they did have to apply for demolition review, but they would be subject to a delay like anybody else.

Sarah Burks


_______________________________________
Sarah L. Burks, Preservation Planner
Cambridge Historical Commission
831 Massachusetts Ave., 2nd Fl.
Cambridge, MA  02139
ph 617-349-4687; fax 617-349-3116; TTY 617-349-6112
http://www2.cambridgema.gov/Historic/



From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of James Howard
Sent: Wednesday, January 29, 2014 12:29 PM
To: Historic Districts
Subject: [MassHistPres] Grandfathering a Demolition Delay By-Law

We in Wenham are proposing that the Town adopt a demolition delay by-law for houses that were built prior to 1860 or are on the National Register.  As expected were are encountering some opposition.  It has been suggested that the by-law would be more acceptable to the owners of the houses that would be subject to the by-law if we grandfathered it.  If the law were grandfathered, the current owners of the houses would not be subject to the by-law but when the house is sold the new owners and all subsequent owners would be subject to the by-law.  We were wondering this grandfathering of a demolition delay by-law had ever been done in any other town.  We were also wondering if it is legal.

Thank you all for your help.

Jim Howard
Chair
Wenham Historic District Commission
.
James M. Howard
149 Main Street
Wenham, MA 01984
Tel: 978-468-1709
Cell: 978-317-4862

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