[MassHistPres] Demolition definitions

Tue Sep 12 14:03:27 EDT 2017

Dennis,

This is an excellent definition of “Demolition” and I hope something I can get the town to accept. Our current demo delay bylaw states only “demolition in whole or part” without defining “part”. The Brookline by-law does just that.

Thanks,

….Mike

Michael Roughan, AIA, EDAC, LEED AP, ACHA
Chairman - Hopkinton Historical Commission

Town of Hopkinton
18 Main Street
Hopkinton, MA 01748

D 617.357.7725 M 617.784.6463

From: Dennis De Witt [mailto:djd184 at verizon.net]
Sent: Tuesday, September 12, 2017 12:55 PM
To: Roughan, Michael <Michael.Roughan at hdrinc.com>
Cc: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Demolition definitions

Here is Brookline’s definition of demolition from the by-law.  There is no list.  Every applicable case is considered with a 12 month delay for non-NR and 18 month for NR..

h. "Demolition" – (a) the act of pulling down, destroying, removing or razing a Building or a significant portion thereof, by removing one side of the building, or removing the roof, or removing 25% of the structure; (ii) moving a Building from its site with no permitted new location for said Building; (iii) in the case of a Building within Section 5.3.5(b), substantially gutting (as defined by the Preservation Commission per section 5.3.14) an interior space that has generally been open to the public and is integral to the historic character of the building; (iv) in the case of a building within Section 5.3.5(b), the systematic removal, effacement, or destruction of the exterior architectural elements which define or contribute to the historic character of the Building, or (v) commencing any of the foregoing work. "Demolition" as used herein shall be deemed to include Demolition by Neglect.
i. “Demolition by Neglect” - a process of ongoing damage to the fabric, viability and/or functionability of a building leading towards and/or causing its eventual demolition due to decay and/or structural failure and/or severe degradation over a period of time as a result of a general lack of maintenance, and/or failure to secure the building from pests or vandals, and/or failure to take reasonable measures to prevent the ingress of water, snow, ice, and wind through the roof, walls, or apertures.

Plus this enhancement from the Rules & Regs
Section 2.  Substantially Gutting National Register Interiors That Are Open to the Public
a) Section 5.3.2.h .iii of the General Bylaws states that with respect to a building listed on or eligible for listing on the National Register of Historic Places, “Demolition” includes “substantially gutting (as defined by the Preservation Commission per section 5.3.14) an interior space”.  In addition to the substantially total removal of all of the interior finishes (e.g. plaster, moldings, wood paneling, and decorative surface treatments such as polychromy, murals, or stenciling) and trim from the walls and ceilings of such a space, “Substantially Gutting” shall include the removal of so much of said finishes and trim from such a space as to have the effect of substantially destroying the intended appearance and feel of the space and shall also include the partitioning of such a space through the insertion of partial or complete new floor levels and/or walls so as to have the same effect.  When said finishes and trim are largely left intact the following actions, singly or together, shall NOT be considered to contribute to “Substantially Gutting”: installation of upgraded HVAC, lighting, and electric systems, including by means of the removal and like-kind replacement of wall and ceiling finishes and trim, as may be required for access (but excluding the removal of original architectural lighting fixtures); replacement of non-colored glass windows and skylights with units of same size and appearance; replacement of floor surfaces other than those of historic value; such modifications as may be required to meet ADA or safety code requirements as unobtrusively as possible; changes for demonstrable liturgical purposes; changes to the amount or arrangement of attached furnishings, such as seating.

Section 3. Systematic Removal, Effacement, or Destruction of Exterior Architectural Elements on National Register properties
Section 5.3.2.h.iv of the General Bylaw states that with respect to a building listed on or eligible for listing on the National Register of Historic Places, “Demolition” includes “the systematic removal, effacement, or destruction of the exterior architectural elements which define or contribute to the historic character of the Building”.  That shall include, without limitation:
a) Stripping the exterior surfaces off of more than 50% of the building, but excluding like-kind repairs or replacements and excluding the replacement of window sash combined with like-kind replacement of any affected window trim.

b) Installation of synthetic siding, including without limit, panning and aluminum or vinyl clapboards and/or polymer stucco, in a manner that causes the covering over and/or removal and/or modification of a substantial portion of the following, provided that they are original or contributing features:

i)       Window and door trim, including cornices and drip caps; including the shortening of stools (windows); and the removal of side lights and transoms (doors);
ii)      Cornice and eave ornament, such as entablatures, rakes, brackets, dentils, and rafter tails;
iii)     Porches and porticos, including posts, columns and handrailing;
v)      All other decorative trim, such as pilasters, quoins, and corner boards.
vi)     Replacement of slate roofing material on the sides of mansards.
vii)    Replacement of roofing features such as dormer trim, balustrades and cupolas.
viii)   Removal or amputation of chimneys in exterior walls
ix)     Changes to sizes and proportions of window opening
c) Repairs to the building without the application of artificial siding but involving similar systematic removal or effacement of a substantial portion of such features.

Section 4. Demolition by Neglect
 a) If the Commission Staff has reason to believe, through visual inspection or other means, that a building which it believes falls into one or more of the categories listed as (a) through (d) of Section 5.3.5, may be undergoing Demolition by Neglect, as defined by the bylaw, then the Commission shall notify the Building Commissioner and the owner and the Commission and the Building Commissioner shall jointly hold a public hearing to i) confirm whether or not the building is significant which shall require a vote of the Preservation Commission only and ii) determine whether or not it is undergoing Demolition by Neglect which shall require a vote of the Preservation Commission and the concurrence of the Building Commissioner.  In furtherance of determining its condition, the Commission may, at any time, request an inspection of the building by the Building Commissioner.

b) If the Commission and Building Commissioner both determine that the building is undergoing Demolition by Neglect, the Commission and the Building Commissioner shall attempt to negotiate a voluntary agreement with the owner for appropriate and timely repairs sufficient to structurally stabilize the building and/or prevent further deterioration.
c) In the event that the Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the owner, for any reason, or that the owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner, then the Commission and the Building Commissioner may take such action as is permitted under Sections 5.3.13 and/or 5.3.15, and/or without limit the Building Code, including seeking a court order that specific repairs be undertaken to secure the building against the elements, vandals, and vermin, to halt further deterioration, and to stabilize it structurally.
d) Upon completion of all repairs that have been agreed upon between the owner and the Commission and Building Commissioner or that have been ordered by the Building Commissioner, or that have been ordered by the court, and upon certification to the Commission by the Building Commissioner that said repairs have been completed and that the building has no current Building Code violations, the Commission shall certify that the building is no longer undergoing Demolition by Neglect.
Section 5. Demolition by Misadventure
If, i) following an Application for a demolition permit for a building for which the Commission Staff has made an Initial Determination of Significance or ii) following notification to the owner of a hearing for Demolition by Neglect as defined in the bylaw, or iii) during the period of demolition delay for a building determined to be significant, or iv) during a period when a building has been determined to be undergoing Demolition by Neglect, the building is demolished or destroyed directly or indirectly as a result of fire or other such cause providing that the building has been determined, either before or after demolition, to have been significant, a rebuttable presumption shall arise that the owner voluntarily demolished the building without obtaining a demolition permit in accordance with the provisions of Section 5.3, Section 5.3.15 shall be deemed applicable.  Per Section 5.3.15 the Building Commissioner shall not issue any permit required under the State Building Code for such premises (except as necessary to secure public safety or health) for a period of two years from the date of destruction of the building or structure, unless the owner can provide evidence satisfactory to the Building Commissioner that the owner took reasonable steps to secure the building against fire or other loss or that the cause of the destruction was not otherwise due to the owner's negligence.  As used herein, premises refers to the parcel of land upon which the demolished building was located and all abutting parcels of land under common ownership or control.

Dennis De Witt
Brookline

On Sep 11, 2017, at 4:09 PM, Roughan, Michael <Michael.Roughan at hdrinc.com<mailto:Michael.Roughan at hdrinc.com>> wrote:

The town of Hopkinton has been besieged by Buildings/Developers that have purchased existing homes predetermined to be historically relevant and proceeded to remove major sections of the structure under the premise of structural integrity rather than submit to our Demolition Delay bylaw. Several of these properties now bear no resemblance to the original structure and in all cases are larger in scale and proportion than the existing structure.

This has led to a discussion between our Building Inspectional Services, Town Counsel and the Historical Commission regarding the definition of “Demolition”.
Are there any communities that have a comprehensive definition of demolition?

Any advice about how to deal with this issue is welcomed.

Regards,

….Mike

Michael Roughan, AIA, EDAC, LEED AP
Chairman - Hopkinton Historical Commission

Town of Hopkinton
18 Main Street
Hopkinton, MA 01748

D 617.357.7725 M 617.784.6463

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