[MassHistPres] Demo delay not tied to passage of time?

[Sara Wermiel]

MHC has been working on a guidebook to demolition delay, “Demolition Delay Bylaws and Ordinances.” One feature of the MHC’s model demolition delay bylaw is to require that all permits for reuse of a property be obtained before a demolition permit is issued. Here is the exact text:

 

No permit for demolition of a building determined to be a preferably preserved building shall be granted until all plans for future use and development of the site have been filed with the Building Commissioner and have found to comply with all laws pertaining to the issuance of a building permit or if for a parking lot, a certificate of occupancy for that site. All approvals necessary for the issuance of such building permit or certificate of occupancy including without limitation any necessary zoning variances or special permits, must be granted and all appeals from the granting of such approvals must be concluded, prior to the issuance of a demolition permit under this section.

 

What this does is give the community a chance to know what the reuse will be and weigh in if they care to, in addition to forestalling destruction just in anticipation of future use or to reduce tax liability.

The HDC should do as much as it can working with the owner, and publicize the matter to rouse neighbors and others who may be interested.

 

Sara Wermiel

Historian of technology/historic preservation consulting

Jamaica Plain, MA

 

From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of James Kossuth
Sent: Wednesday, August 24, 2016 3:39 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Demo delay not tied to passage of time?

 

I am curious if any Commission has a demo delay ordinance that attaches specific conditions to it, instead of simply expiring with the passage of time?  

E.g., in order for the commission to lift demo delay, the applicant must satisfy a series of requirements (list the house for sale for X days, provide a structural report on the building's condition, cost analysis of renovation vs. new construction, document the building with drawings, photos, etc.).  

In my time on the Medford Historical Commission, we found that demo applicants would sometimes sit on their hands and wait for the delay to expire, at which point the Commission was powerless to do anything.  So instead of simply tying the demo delay to time, has any community tried to impose conditions which must be satisfied?  (If a zoning board, community development board, or HDC could force applicants to meet certain criteria before plans are approved, could not a historic commission likewise force applicants to meet certain criteria before lifting a demo delay?)

Any guidance or thoughts on this would be appreciated.

Thanks,

James Kossuth

(formerly with Medford HC)

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