[MassHistPres] Grandfathering a Demolition Delay By-Law

[Jill Fisher]

I concur with Sarah's advice.  Indeed, I think such a concept would be illegal since it doesn't meet the "Equal Treatment under the Law" concept.  And I can just imagine the outrage generated once next door neighbors get to comparing notes about the local requirements!  
 



Jill Fisher, AICP
Larson Fisher Associates
PO Box 1394
Woodstock, NY  12498
845-679-5054
jillfisher47 at hotmail.com
 
www.larsonfisher.com

 
From: sburks at cambridgema.gov
To: howardjm2 at gmail.com; MassHistPres at cs.umb.edu
Date: Mon, 3 Feb 2014 12:15:02 -0500
Subject: Re: [MassHistPres] Grandfathering a Demolition Delay By-Law

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 PlannerCambridge Historical Commission831 Massachusetts Ave., 2nd Fl.Cambridge, MA  02139ph 617-349-4687; fax 617-349-3116; TTY 617-349-6112http://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 HowardChair Wenham Historic District Commission.  James M. Howard
149 Main Street
Wenham, MA 01984
Tel: 978-468-1709
Cell: 978-317-4862 This email is free from viruses and malware because avast! Antivirus protection is active. 
 
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