[MassHistPres] Grandfathering a Demolition Delay By-Law

[Dennis De Witt]

James

I concur with Jill's concerns.

You can grandfather an existing use without discriminating against anyone.  But to grandfather due to an existing ownership strikes me as very likely to be illegal.

In any case, this is a simple question about which we should not be hypothesizing.  You have a town counsel.  Ask him/her if this sort of grandfathering is legal.

Dennis De Witt


On Feb 3, 2014, at 7:37 PM, Jill Fisher <jillfisher47 at hotmail.com> wrote:

> 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 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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