[MassHistPres] 40 B and Demo Delay

[Dennis De Witt]

As a practical matter, 40Bs take longer than 6 months under the fastest schedule and appeals can drag on for many years — eight in a recent case in Plymouth.  So at first glance it would appear there is nothing to prevent the owner from timing out the delay and demolishing regardless of the 40B process.  (The thought does occur however, that if the building is within the proposed project boundary and all permitting associated with the project becomes vested in the ZBA then can any part of that project proceed, including an otherwise allowable demolition, until the entire project is approved?)

Should they choose or not be able to demolish, then the Commission can comment and the ZBA in theory should take that into account — for instance approving subject to retention of the building — something which the developer can then appeal to the state board.   Once the 40B has finally been approved by the state board and any court appeals completed, then demolition could occur if it is part of the approved 40B scheme, regardless of any delay.

My enquiries suggests that there have been few 40Bs involving NR properties and that most or perhaps all have been resolved by becoming “friendly” 40Bs with the use of local funds, usually from CPA.

Dennis De Witt
Brookline

On Sep 9, 2014, at 12:44 PM, Ann Chapdelaine <designer1446 at comcast.net> wrote:

> <image001.gif>
>  
> Does a 40B project allow a Local Historical Commission  to comment on the Demolition and/or enact the Delay for the proposed demolition of an NR eligible building? We do have a six month Demolition Delay By-Law here in North Attleborough.
>  
>  
> Ann J. Chapdelaine, Chairperson
> North Attleborough Historical Commission
> Town Hall
> 43 South Washington Street
> North Attleborough, MA. 02760
> Direct Line : 508-789-4466
> 
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