[MassHistPres] Demo Delay Property Transfers

Tue Dec 13 16:34:59 EST 2016

We are still working on our Demo Delay Bylaw draft here in West Newbury 
but we are also concerned about this issue and have added a provision to 
our draft that states that the delay period is non transferable with a 
change in ownership.
Amy Friend
West Newbury Historical Commission

On 12/13/2016 11:31 AM, Mark Barry wrote:
> Marilyn, Sarah, Katy, and others:
> This is a timely thread for the Duxbury Historical Commission. The 
> revised Historic Preservation bylaw that we are planning to present at 
> annual Town Meeting includes a provision that would make a demolition 
> certification non-transferrable to a new owner. Our logic is that we 
> want another bite at the apple in the form of a chance to talk with 
> the new owner about preservation as an alternative to demolition when 
> a property that has an outstanding demolition certification is sold. 
> In preparation for discussions about the revised bylaw, the Commission 
> has been asked to research what other towns and cities are doing 
> regarding transferability.
> Property owners would become aware of this provision by reading the 
> bylaw, through the Commission’s written instructions for filling out 
> the application for demolition certification or by hearing about it at 
> “the window” at the Inspectional Services department at Town Hall. We 
> presume our local weekly newspaper will make note of this provision in 
> its coverage of the new bylaw too.
> Do we know of other towns where demolition permits (or the permission 
> to demolish an historic structure) expires or does not transfer when a 
> property is sold?
> Thank you,
> Mark Barry
> Member of the Duxbury Historical Commission
> Mobile: 832-331-4764
> Office:   508-591-5400
> m.barry at yahoo.com
> markpbarry at gmail.com <mailto:markpbarry at gmail.com>
>
>
>
>
>
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> *From:* "masshistpres-request at cs.umb.edu" 
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> *To:* masshistpres at cs.umb.edu
> *Sent:* Friday, November 18, 2016 3:05 PM
> *Subject:* MassHistPres Digest, Vol 129, Issue 14
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> Today's Topics:
>
>   1. demo delay property transfers (Katy Hax Holmes)
>   2. Re: Demo delay property transfers (Sarah White)
>   3. Historic Structures Report pricing (Tucker, Jonathan)
> Hello Marilyn,
> The City of Newton recently changed its ordinance to make the 
> ownership of historic properties non-transferrable during demo delay 
> periods.  The demo delay no longer transfers by address, and 
> purchase-and-sale documents are no longer sufficient proof of 
> ownership.  Having just passed this change in the spring, we are aware 
> of the ‘opportunity’ allowed in the building code to transfer 
> ownership of demolition permits once the demo delay expires.  
> Nevertheless, Newton’s primary objective was to strengthen the intent 
> of the demolition delay by ensuring that property owners used the 
> delay period to find alternatives to demolition.  Again, still early 
> yet, but the changes have reduced the number of historic properties on 
> our historical commission’s agenda for which demolition was never 
> intended (e.g. a marketing tool to ‘start the clock’), and the 
> Commission has more time to pursue protection measures for threatened 
> historically significant structures.
> Katy Hax Holmes
> City of Newton
> When responding, please be aware that the Massachusetts Secretary of 
> State has determined that most email is public record and therefore 
> cannot be kept confidential.
> Marilyn -
>
> In Somerville, it carries with the property, not the owner. (Same 
> thing in Newburyport where I live).
>
> Best,
> Sarah
>
> Sarah White
> Planner / Preservation Planner
> Mayor's Office of Strategic Planning & Community Development
> City of Somerville / Somerville City Hall
> 93 Highland Avenue
> Somerville, MA 02143
> 617.625.6600 x2534
>
>
> ------------------------------------------------------------------------
> *From:* masshistpres-bounces at cs.umb.edu 
> <masshistpres-bounces at cs.umb.edu> on behalf of Burks, Sarah 
> <sburks at cambridgema.gov>
> *Sent:* Wednesday, November 16, 2016 2:55 PM
> *To:* M Fenollosa; masshistpres at cs.umb.edu
> *Subject:* Re: [MassHistPres] Demo delay property transfers
> Hi Marilyn,
>
> The CHC decisions do carry with the property.  But because the finding 
> regarding preferably preserved status is made in the context of a 
> proposed replacement proposal, the applicant has to have a replacement 
> proposal to show us in order to apply.  A prospective buyer can get 
> the existing owner to apply on his behalf, but we would still need to 
> see the replacement design.  If a new owner has a new replacement 
> design proposal, we would require a new application.
>
> Sarah
> _________________________________________
> Sarah L. Burks, Preservation Planner
> Cambridge Historical Commission
> 831 Massachusetts Ave., 2nd Fl.
> Cambridge, MA  02139
> ph 617-349-4687; fax 617-349-3116; TTY 617-349-6112
> http://www.cambridgema.gov/Historic
> <http://www.cambridgema.gov/Historic>
> 	
> Cambridge Historical Commission - City of Cambridge ... 
> <http://www.cambridgema.gov/Historic>
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> Cambridge Historical Commission. Mission & Services. The Cambridge 
> Historical Commission (CHC) is the city's historic preservation 
> agency. Established in 1963, the ...
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> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu 
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of M Fenollosa
> Sent: Wednesday, November 16, 2016 9:33 AM
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] Demo delay property transfers
>
> Hi everybody -
>
> For those communities with demo delay, do you allow "transfers" of the 
> demo delay periodto a subsequent owner who purchases the property 
> while the delay is running? or do you require the new owner to 
> reapply, thus restarting the delay period if the HC votes again to 
> impose it? And if so, how do you ensure that everyone knows this - 
> through your DD bylaw?
> written policy? Apparently it's not required one way or the other by 
> any state law or regulation (e.g. the Building Code). This issue is 
> prompted by owners who plan to sell their property within a year, and 
> want to market the property as a teardown because the DD period will 
> have almost expired at the sale date.
>
> Many thanks for your insights!
>
> Marilyn Fenollosa
>
> Lexington Historical Commission
>
>
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> Has anyone recently contracted with a historic preservation specialist 
> for a Historic Structures Report for a medium-large library or similar 
> public building?
>
> If so, how much did it cost?
>
> Thanks,
>
> Jonathan Tucker
> Senior Planner
> Amherst Planning Department
> 4 Boltwood Avenue, Town Hall
> Amherst, MA  01002
> (413) 259-3040
> tuckerj at amherstma.gov <mailto:tuckerj at amherstma.gov>
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