[MassHistPres] Demolition and state sanitary code

[Sarah White]

Hi, there - 

 

For the record, the question that I have does not come from a situation
in Somerville.

 

LOCAL CODE:

 

A city has a code in its ordinances that allows an historic structure
within certain districts of the city to be demolished only with the
permission of the ZBA following an advisory review of the Historical
Commission (this was done under home rule petition. It is unusual, but
it is what it is.)

 

THE SITUATION:

 

-          A c.1830 structure housed a hording situation that involved
animal waste. 

-          All inhabitants of the house vacated the premises - the house
was unoccupied.

-          A new owner came in and bout the structure and land very
cheaply.

-          The building was determined to be structurally sound by the
Building Commissioner and was secured by the new owner.

-          New owner was told by the Building Commissioner to apply for
demolition through the process described above.

-          New owner and their attorney presented in front of the city
Board of Health (BOH) stating that state sanitary code trumped all
zoning code, always.

-          The BOH ordered the Building Commissioner to issue a
demolition permit to the new owner.

-          The Building Commissioner issued the demolition permit and
the building was demolished yesterday to the surprise of all noted
immediately below, none of whom were informed of the pending demolition,
even as a professional courtesy.

-          The ZBA, Historical Commission, Mayor, Planning Director, and
affected City Councilors were not notified of these decisions or actions
by the BOH nor the Building Commissioner.

-          Neither the BOH nor Building Commissioner consulted the city
solicitor regarding the veracity of the statements made by the owner's
attorney.

-          Since yesterday, the Building Commissioner has informed the
Planning Director that he didn't want to send the new owner through the
ZBA process since it would be more expense for him and that all
decisions would probably lead to the same outcome anyway.

 

QUESTIONS:

 

My understanding is that building demolition ordered under the auspices
of the state sanitary code is done to protect people from imminent
danger. Since the building was structurally sound, unoccupied, and
secured, this building and there was no imminent danger to non-existent
occupants, can the state sanitary code be invoked in such a way?

 

Moreover, does a Building Inspector have the prerogative to disregard
the processes in place because he thinks that process would be more
expensive for an applicant? Is it the Building Inspector's prerogative
to assume the determinations that other boards/commissions may or may
not come to in this process?

 

ALL thoughts, questions and constructive comments welcomed.

 

Sarah M. White

Planner - Zoning & Preservation

Office of Strategic Planning and Community Development

City of Somerville

93 Highland Avenue

Somerville, MA 02143

617.625.6600 x2534

swhite at somervillema.gov <mailto:swhite at somervillema.gov> 

 

 

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