[MassHistPres] ] How is demolition defined in your city/town?

Diane Gilbert d.m.gilbert at comcast.net
Fri Jun 29 08:20:34 EDT 2018


The recent email exchanges about demolition and demo delay strike me as an opportunity to be seized for a review of the provisions and pros & cons of municipal bylaws across the state. Dartmouth has its own set of concerns.

Chris Skelly, what say you?

Diane Gilbert
Dartmouth Historical Commission 
and 
President 
Dartmouth Heritage Preservation Trust
www.dhpt.org

Sent from my iPhone

> On Jun 28, 2018, at 11:34 AM, John Worden <jworden at swwalaw.com> wrote:
> 
> Arlington’s by-law includes, in the definition of demolition, demolition by neglect and the removal or covering of 25% or more of any one front or side elevation.  For full text see Arlington By-Laws, Title VI, Article 6, Section 2, J.
>  
> John Worden
> Arlington HDC
> John L. Worden III, Esq.
> Simonds, Winslow, Willis & Abbott, P.A.
> 50 Congress Street, Suite 925
> Boston, Massachusetts 02109
> (617) 227-8662
> (617 227-1961 -  fax
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> From: MassHistPres [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Zehner, Michael
> Sent: Monday, June 25, 2018 11:20 AM
> To: David Temple; Masshistpres
> Subject: Re: [MassHistPres] How is demolition defined in your city/town?
>  
> Wellesley defines as:
>  
> “Demolition” or “Demolish(ed)”: With respect to a Building regardless of whether another Building is constructed within the original footprint of such Building, the (i) pulling down, razing or destruction of the entire Building or (ii) the removal or envelopment of 50% or more of the existing exterior structure of the Building as determined in Section D(2), provided that, any non-structural changes to the siding or roofing of a Building shall not constitute a Demolition for purposes of this Article.
>  
> For partial demolitions (i.e. less than 100%) we’ve developed a practice to review plans similar to the attached. If the area affected is less than 50%, we sign off and they are entitled to the issuance of a building permit, if the area affected is greater than 50% than it requires processing under the Bylaw, determining of eligibility based on age, and then potentially a preservation determination.
>  
> Michael D. Zehner, AICP, LEED Green Assoc.
> Planning Director
>  
> Town of Wellesley - Planning Department
> 525 Washington Street, Wellesley, MA 02482
> Phone: 781.431.1019 x2234 - Email: mzehner at wellesleyma.gov
>  
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> When responding, please be advised, the Town of Wellesley and the Secretary of State have determined that email could be considered a public record.
>  
> From: MassHistPres [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of David Temple
> Sent: Thursday, June 21, 2018 11:05 PM
> To: Masshistpres <masshistpres at cs.umb.edu>
> Subject: [MassHistPres] How is demolition defined in your city/town?
>  
> On the Medfield Historical Commission, when we consider demolition applications, our mantra has always been, "when in doubt, err on the side of preservation." So we hold hearings on all demolition applications.  This occasionally leads to situations like last night's, where we held hearings on proposals to demolish part of the roofs of three houses (built between 1962 and 1965) so the owners could expand upwards.  The hearings lasted a total of about 10 minutes, and we released all three for partial demolition.
>  
> The eighth state building code defined demolition as "the removal or dismantling of existing construction in whole or in part."  That suggested we were doing the right thing by requiring demo permits in cases like the above...even though common sense suggests there's nothing historic there. 
>  
> Though it seems strange to me, I've been told demolition is no longer defined in the state building code. I looked but couldn't find a definition of demolition in the ninth, which was effective 10/20/2017. 
>  
> I'd like to know how you define demolition in your city or town, where you draw the line when it comes to requiring a demo application, and any other thoughts you have on this subject.
>  
> In your reply, please include my original message. 
> 
> David F. Temple 
> President, Medfield Historical Society
> Co-chair, Medfield Historical Commission
> 300 South Street 
> Medfield, MA 02052 
> H-508-359-2915 
> M-508-613-6606 
>  
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