[MassHistPres] additions

[Sarah Korjeff]

Deanna,
I agree with Dennis's comments.  Design review is something that is routinely offered by applicants in exchange for lifting the demolition delay.  Most Cape towns have language in their demo delay bylaw allowing the Historical Commission to lift the delay before the time period expires - something like "if the Commission notifies the Building Commissioner in writing that the Commission finds that the intent and purpose of this bylaw is served..."   If the Commission finds that the replacement design involved limited loss of historic materials and is in character with the historic structure, they may make this finding.

Regarding the definition of demolition, many towns (including some on the Cape) have clarified their definition to include the removal of one or more exterior walls or partitions, removal of a roof, gutting the interior to the point where exterior features such as windows are impacted, etc.  Other towns have adopted regulations/procedures to specify what type of project needs to file a demo permit.  If would be helpful to clarify this, since it is confusing to have removal of an exterior wall constitute a "partial demolition," but construction of an addition (which would require at least partial removal of an exterior wall) does not.  You could choose to require demolition permits for additions to the primary façade or additions that impact a certain percentage of other façades.

Sarah Korjeff
Historic Preservation Specialist
Cape Cod Commission
3225 Main Street/PO Box 226
Barnstable, MA  02630
508-362-3828

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From: Dennis De Witt [mailto:djd184 at verizon.net]
Sent: Wednesday, February 12, 2014 10:05 AM
To: MHC MHC listserve
Subject: Re: [MassHistPres] additions

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<mailto: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<mailto:druffer at chatham-ma.gov>

Kindly remember that the Secretary of State has deemed most email a public record.

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