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

[Garrett Laws]

Sara,

This doesn't appear to totally tie the building and demolition permits
together. It looks to me as there's the opportunity (if the two are
separate) to prepare documents for a building permit, receive and execute a
demolition permit and then have a "hick up" in the works and either leave
an empty plot or file for a modified building permit.

Garrett Laws
Copper & Slate Co
(781) 893-1916

On Thursday, August 25, 2016, Sara Wermiel <swermiel at verizon.net> wrote:

> 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
> <javascript:_e(%7B%7D,'cvml','masshistpres-bounces at cs.umb.edu');> [mailto:
> masshistpres-bounces at cs.umb.edu
> <javascript:_e(%7B%7D,'cvml','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
> <javascript:_e(%7B%7D,'cvml','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)
>


-- 
Cheers,
Garrett Laws

The Copper & Slate Company, Inc.
Fine Roofing and Exterior Finish Carpentry
238 Calvary Street,
Waltham, MA 02453
(781) 893-1916

 Work we do:
http://picasaweb.google.com/copperandslate

 Where we've worked over the years:
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