[MassHistPres] Demolition Permits vs. Building Permits

[M Fenollosa]

Hello, everyone --

We are interested in knowing the procedures followed by building 
departments in those towns that have a separate demolition delay bylaw.  
Does your building department wait until the /demolition/ permit can be 
issued (because the criteria for preferably preserved are not met or the 
delay period has elapsed) before issuing a /building/ permit for the 
proposed replacement building? We have just learned that our building 
department issues building permits routinely, notwithstanding historical 
commission review under our demolition delay bylaw, because developers 
want to know that they will be able to build according to their plans 
/before/ going to all the other departments for permits and variances. 
If other roadblocks (such as demo delay) are imposed, the building 
department routinely extends the building permits to accommodate the delay.

This has become an issue because our zoning rules were just amended, 
changing certain dimensional provisions for projects.  A developer came 
into a HC meeting requesting a demolition permit; we denied it, imposing 
our 12 month delay.  But because the building department (unbeknownst to 
us) issued an earlier /building /permit, he will be grandfathered under 
the older, less restrictive provisions of the zoning code after the demo 
delay period has elapsed.

Our demo delay bylaw is very specific -- it says no /demolition /permit 
can be issued until the HC notifies the building department that the 
demolition delay bylaw criteria have been met.  It never occurred to us 
that this language would not restrict the issuance of a /building/ 
permit as well.

We would be grateful for any information you could share -

Thank you!

Marilyn Fenollosa

Lexington Historical Commission

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