[MassHistPres] Demo Delay violation - how did you handle?

Tue Jun 7 10:50:17 EDT 2016

Hi Sarah
The City of Waltham has created a Delayed Demolition Ordinance that can be found on our website.
www.city.waltham.ma.us<http://www.city.waltham.ma.us>
The law stating the penalties can be found under City Ordinances, Chapter 23-Delayed Demolition, Sec. 23-6 Enforcement and remedies.
Hope this helps!

Regards,

Pamela Lyons
Waltham Historical Commission
Administrative Assistant
Email: PLyons at city.waltham.ma.us<mailto:PLyons at city.waltham.ma.us>
Phone: 781-314-3389
Arthur Clark Government Center
119 School Street
Waltham, MA 02452

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From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Burks, Sarah
Sent: Monday, June 06, 2016 5:20 PM
To: Susan Munafo <spmunafo at gmail.com>; masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Demo Delay violation - how did you handle?

Hi Susan,

I believe there is a searchable archive of responses here: http://mailman.cs.umb.edu/mailman/private/masshistpres/

Below is the response sent from our office by Charles Sullivan to your query in 2014.

Whether you have a violation of your demo delay ordinance depends on what the definition of demolition is in your bylaw. The removal of windows, gutters, roofing, and siding might certainly be out of scope of the asbestos permit but does it constitute demolition under the terms of your bylaw?

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
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From: masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Sullivan, Charles M.
Sent: Monday, April 28, 2014 4:53 PM
To: Susan Munafo <spmunafo at verizon.net<mailto:spmunafo at verizon.net>>; masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] Does anyone have Experience with Demo Bylaw Violation

A two year delay is painful, but enforcing it cuts down on repeat violations. In our experience, once every five to ten years is enough to make potential perpetrators think twice.

Many buildings here are already non-conforming under zoning, so when our ISD determines that a building has been illegally demolished the owners are flagged with a potential zoning violation, which is another disincentive.

_________________________________
Charles Sullivan, Executive Director
Cambridge Historical Commission
831 Massachusetts Avenue
Cambridge, Mass.  02140
617 349-4684

From: masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Susan Munafo
Sent: Monday, April 28, 2014 6:46 AM
To: masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>
Subject: [MassHistPres] Does anyone have Experience with Demo Bylaw Violation

Has any commission been faced with a building that was demolished without a demo permit?  There are too many details to convey adequately in the email perhaps, but I will try.

Several months ago, we were approached by an architect representing an owner who represented the project as a renovation, never, ever a mention of demolition to us or any other board (planning, ZBA, con comm etc.)  Next thing we know, the building is coming down.  At one point they did seek a demo permit but it was not signed by the town planner due to lack of demo plans.  Only part of the building was arguably historically significant, the part that was supposed to remain.

According to our bylaw, the HC and the building inspector are the only two that can enforce a penalty.  We are now faced with deciding what the penalty should be.

Question is, how do you decide the penalty?  We can enforce a two-year delay which no one wants because a) we don't want a hole in the ground and b)  it's a great project for the town.  The second option is a fine which is up to 10% of the property's assessed value.

I am interested in the criteria other commissions have used to determine the penalty.

Please feel free to call 781-771-8959 or email me at spmunafo at verizon.net<mailto:spmunafo at verizon.net>

Thank you!!

Susan Post Munafo
Chair of Swampscott Historical Commission

From: masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Susan Munafo
Sent: Monday, June 06, 2016 1:11 PM
To: masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>
Subject: [MassHistPres] Demo Delay violation - how did you handle?

Hi all,

I posted a request two years ago asking a similar question so forgive me for asking again (is it possible to search previous posts?) and I changed emails and computers so I lost your responses, my apologies.

Please let me know if you have had an owner violate your demo delay bylaw and how you handled it.  We have an owner who under the guise of asbestos abatement, removed windows, gutters, roofing, and siding.  The asbestos removal was only to be done on the interior.  We tried to pass a local historic district but it was voted down at Town Meeting so we are the only thing standing in the way of demolition at this point (the delay runs out in October).

How did you determine the penalty?  Did you consult an attorney or seek guidance from MHC?  The owner has an attorney and is prepared to litigate.

Thank you,

Susan Post Munafo
Swampscott Historical Commission
spmunafo at gmail.com<mailto:spmunafo at gmail.com>
718-771-8959
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