[MassHistPres] Grandfathering a Demolition Delay By-Law

[James Howard]

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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