[MassHistPres] additions

[Dennis De Witt]

Deanna

Brookline's demo delay law defines demolitions in terms of how much can be removed in order to constitute a demolition — e.g. one side or the roof.  As a result there have been attempts to game, for instance by making the addition slightly narrower than a full side.  That can be addressed by writing rules clarifying definitions.

In Brookline — and I would have thought generally — delay does not lead to automatic design review, but it opens the door to review in exchange for lifting the stay early. The delay is 18 months for NR properties and 12 for non-NR.

Your note refers to "the historic district."  It isn't clear if that's NR or LHD.  If LHD then the demo delay law should be moot.  No demolition of addition can happen without approval.  Being in an LHD should trump the demo delay law. 

Dennis De Witt


On Feb 11, 2014, at 9:55 PM, Deanna Ruffer <druffer at chatham-ma.gov> wrote:

> Folks I’m curious how additions are handled under demolition delay bylaws in other communities.  Further if a demolition delay bylaw does provide specific jurisdiction over additions does it give the Historical Commission jurisdiction over the proposed design of the addition.  If not, how is the jurisdiction restricted.
>  
> In Chatham, additions are exempted in the definition of demolition.  However, in the past applications for building permits for additions to structures more than 75 years old or in the historic district have been referred to the  Historical Commission for approval prior to issuance of the building permit on the basis that such additions involve the removal of exterior walls or roofs and thus the potential removal of historical material.
>  
> This is now being questioned by some of the local builders and attorneys who are taking the position that additions are exempt from such review.  As a result, the Historical Commission, with the support and assistance of the Community Development Department and a local attorney, was proposing an amendment to the bylaw for the purpose of clarifying that additions are subject to CHC jurisdiction.  Of concern to the Board of Selectmen is if a proposed amendment was clarifying or expanding the scope of the demolition delay bylaw and whether the intended clarification was actually endowing the CHC with design revie authority over additions. 
>  
> So, we are back to the drawing board.  We welcome your thoughts and examples of adopted language specific to additions. 
>  
> Deanna L. Ruffer
> Community Development Director
> Town of Chatham
> Community Development Department
> Town Annex
> 261 George Ryder Road
> Chatham, MA 02633
> (508) 945-5168 x475
> (774) 212-1554 (cell)
> druffer at chatham-ma.gov
>  
> Kindly remember that the Secretary of State has deemed most email a public record.
>  
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