[MassHistPres] Question on municipal buildings in local historic districts

[E MACY WARE]

A personal observation,:
I find it interesting that Mr. Slate views the operation of MGL 40C, Section 9 as a loophole. 
MGL 40C, Section 9 does not allow anyone to do anything other than to meet the statutory requirements of their positions, such powers that they get from elsewhere.  MGL 40C, Section 9 does not grant anyone increased authority to authorize the demolition of a building.  It does make clear that certain government officials have jurisdiction in certain situations when otherwise a Historical Commission, absent that official jurisdiction, might be able to approve a demolition delay.
Those certain officials, the Building Commissioners and the Fire Chiefs and various others, get their powers from MGL Chapter 48, and MGL Chapter 143, Sections 6-9., not from MGL 40C, Section 9.  Those powers are appropriately so given in the name of public safety and fire safety, but are not so given to those officials in same manner in the name of blight per se. Demolition in the name of blight, is in the purview of the courts and represents a taking, which requires compensation (Fifth Amendment of the U. S. Constitution).  The City of Springfield, MA Demolition Delay Ordinance, recently passed, and I thank you for that, lays all this out.  

The real problem, posed herein, comes to the fore from the de facto application(s) of the laws. If the development community and/or the realtor community shamelessly gain the ears of of the public officials involved, either appointed and/or elected (and they routinely do), then there is your loophole.
That loophole is being driven through routinely.  The real question is for whose benefit?

Robert T. Leavens
Newburyport, Ma  - A life-time Massachusetts resident   





 

   

 On Thursday, March 24, 2016 6:46 AM, Ralph Slate <slater at alum.rpi.edu> wrote:
 

 Don't forget the loophole that at least one municipality (Springfield) uses, which is MGL 40C, Section 9:

Nothing in this chapter shall be construed to  ... prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the effective date of the applicable historic district ordinance or by-law. 

Springfield's building code enforcement department will take a blighted property to court, get the court to declare that the property is a "danger" to the public, and, if the commission does not allow demolition, will just a notice to the commission saying they are going to do it anyway on the order of the building inspector and the courts. 

In one case, the building inspector refused to allow the potential redevelopment of a property by declaring that no one could legally enter the structure to repair it due to public safety danger.

Ralph Slate
Springfield, MA

On Wed, 23 Mar, 2016 at 2:15 PM, Skelly, Christopher (SEC) <christopher.skelly at state.ma.us> wrote: To: masshistpres at cs.umb.edu
#yiv7310591070 P {margin-top:0;margin-bottom:0;}Unless specifically exempt within the wording of your bylaw, municipal properties are not exempt from a local historic district.  It is standard practice statewide for the municipality to submit an application for a certificate for changes to exterior architectural features in a local historic district, just like all other property owners.  Chris.

Christopher C. SkellyDirector of Local Government ProgramsMassachusetts Historical CommissionChristopher.Skelly at state.ma.us

From: masshistpres-bounces at cs.umb.edu [masshistpres-bounces at cs.umb.edu] on behalf of Leo Greene [lgreene868 at gmail.com]
Sent: Wednesday, March 23, 2016 12:45 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Question on municipal buildings in local historic districts

Looking for input from those with knowledge/experience with demolition issues around town-owned buildings in local historic districts (those districts established by MGL Ch. 40C)Looking for a confirmation about the ability to stop demolition of municipal buildings in LHDs. Our understanding is that said municipal buildings are afforded the same protection as private homes in LHDs, but input on possible loopholes and experience would be helpful.Many thanks in advance,
Leo Greene
Ballardvale Historic District Commission
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