[MassHistPres] Demo Delay Enforcement

[Ralph Slate]

I can tell you that when Springfield wrote its law, its law department 
was under the impression that the law would be more enforceable if it 
applied to *all* properties meeting an age criteria immediately, with 
the owner required to petition the Historical Commission to lift the 
delay. If the owner chooses not to petition the HC, then he/she can just 
wait out the period with no public hearing on the matter. The owner does 
not receive a demolition permit until the period has expired, so nothing 
is violated during this period unless the owner demolishes the property.

Springfield's primary enforcement tool is to enact a local historic 
district on the property when circumstances warrant it. We have a 
9-month delay, which is just about the minimum amount of time to get a 
local historic district created via our city council (we have done this 
once, and are in the process of doing it for a second property). Other 
times we just let the timer tick, and sometimes the owner either loses 
interest, or sometimes another opportunity arises for the building. And 
of course, sometimes the owner just waits it out and takes the building 
down after 9 months.

Ralph Slate
Springfield, MA

On 2/7/2018 1:11 PM, Skelly, Christopher (SEC) wrote:
> Ann,
>
> At what part of the process in your bylaw does the North Attleborough 
> Historical Commission make a determination of whether the building is 
> preferably preserved or otherwise subject to the delay period?
>
> Does your bylaw not require a public hearing prior to this determination?
>
> Enforcement is usually thought of as a response to a violation of the 
> bylaw.  By waiting out the 6 month delay, is the owner violating your 
> demolition delay bylaw in some way?
>
> Chris.
>
> Christopher C. Skelly
> Director of Local Government Programs
> Massachusetts Historical Commission
> Christopher.Skelly at state.ma.us <mailto:Christopher.Skelly at state.ma.us>
>
> ------------------------------------------------------------------------
> *From:* MassHistPres [masshistpres-bounces at cs.umb.edu] on behalf of 
> Ann Chapdelaine [designer1446 at comcast.net]
> *Sent:* Tuesday, February 06, 2018 11:38 AM
> *To:* masshistpres
> *Subject:* [MassHistPres] Demo Delay Enforcement
>
> The North Attleborough Historical Commission would like to hear from 
> you regarding what to do during our 6 month delay period where the 
> demo applicant does nothing but intends to wait it out?  We do not 
> have a required public hearing in our bylaw and  are considering to 
> amend the by law to include it and  to also try to extend the delay 
> period.  What enforcement strategies work best?
>
> Ann
>
> *Ann J. Chapdelaine, Chairperson*
>
> *North Attleborough Historical Commission*
>
> *Town Hall*
>
> *43 South Washington Street*
>
> *North Attleborough, MA. 02760*
>
> *Direct Line : 508-789-4466
>
> *
>
>
>
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