[MassHistPres] Demo delay property transfers

[David Temple]

Medfield has amended the 1994 demolition delay bylaw several times.  This language was introduced in 2013 to deal with preemptive demo delay applications filed by homeowners planning to sell: 
A decision by the Commission is made in relation to the party filing the application only, is nontransferable, and expires two years from the date of the decision. If demolition has not occurred prior to the expiration of the decision, a new application for a demolition permit must be filed prior to any subsequent demolition.  
However, we had a case in 2014 in which Developer #1 went through the application and hearing process and secured the demo permit. He then changed his mind about doing the project. Developer #2 agreed to buy the property, but only after Developer #1 exercised his demo approval and tore the house down. We didn't much like this turn of events, but there was nothing we could do about it. 
 In your reply, please include my original message. 

David F. Temple 
President, Medfield Historical SocietyCo-chair, Medfield Historical Commission
300 South Street 
Medfield, MA 02052 
508-359-2915 


 
      From: M Fenollosa <mmt.fenollosa at verizon.net>
 To: masshistpres at cs.umb.edu 
 Sent: Wednesday, November 16, 2016 9:32 AM
 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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