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

[Skelly, Christopher (SEC)]

Michael, MHC has two regional workshops on demolition delay where discussions like this often come up.

An Introduction to Demolition Delay Bylaws in Massachusetts
The module is primarily for local historical commission members interested in establishing a demolition delay bylaw in their community.  However, anyone interested in understanding the basics of a demolition delay bylaw is welcome to attend.  The module covers the advantages of demolition delay bylaws, the different types of demolition delay bylaws found in Massachusetts, the typical steps in a demolition delay bylaw and success stories with demolition delay from around the state

Administering Demolition Delay Bylaws and Ordinances
This workshop will discuss the strengths and limitations of demolition delay bylaws, proper procedures, effectively utilizing the delay period, the necessary sections of a well-crafted bylaw/ordinance and other options to consider besides demolition delay.  It will also cover best practices and success stories from around the state.

Like other local government workshops, these are scheduled in partnership with a local host, often a local historical commission or regional planning agency.

We have also been working on a guidebook on demolition delay that is available for distribution. The guidebook discusses options for defining a demolition.  As has been noted, what constitutes a demolition varies greatly based on the wording of the bylaw or ordinance from that city or town.  Ultimately, it is a local decision.

Several years ago, I facilitated a round table discussion on demolition delay.  We discussed the strengths and challenges of demolition delay and what could be improved.  I found the many perspectives very useful and incorporated comments into our model bylaw, the draft guidebook and the above workshops.  If there is broad interest, perhaps we could all discuss another half day demolition delay round table for this fall.  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: Roughan, Michael [Michael.Roughan at hdrinc.com]
Sent: Friday, June 29, 2018 10:54 AM
To: Skelly, Christopher @ SEC; Masshistpres
Subject: RE: [MassHistPres] ] How is demolition defined in your city/town?

Chris,

Having recently gone through this process and struggled with trying not to be too verbose, I would like your opinion on the following:


1.       Using structural modifications to trigger Demo delay

2.       Using percentage of renovation to trigger Demo delay

3.       Allowance of partial demo (defined) prior to requiring a Demo delay

4.       Including specific exclusions such as exterior finishes, windows and doors

5.       Mention of interior work at all

There have been some great responses over the last few weeks regarding this issue but I do see quite some variability on the interpretation of the above items.

Regards,

….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: MassHistPres [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Skelly, Christopher (SEC)
Sent: Friday, June 29, 2018 10:40 AM
To: Masshistpres <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] ] How is demolition defined in your city/town?

Demolition delay, local historic districts, architectural preservation districts and municipal bylaws in general are a favorite topic of mine!  I'm always happy to discuss them.  Did you want to start by bringing up concerns you are having in Dartmouth?  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 Diane Gilbert [d.m.gilbert at comcast.net]
Sent: Friday, June 29, 2018 8:20 AM
To: John Worden
Cc: Masshistpres
Subject: Re: [MassHistPres] ] How is demolition defined in your city/town?
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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.dhpt.org&d=DwMFaQ&c=lDF7oMaPKXpkYvev9V-fVahWL0QWnGCCAfCDz1Bns_w&r=HJeg5vlVssIJteBAzBVv1cKzUTA9hLUHuoJyFO6P0cU&m=9e0-hkrFxTS9SAJ9RzTotslVLQsYu4vrIiS7TBJd72k&s=eTBgL9t038r450cupRGW5KfbB1-OHs7m8-ihuGMSts8&e=>
Sent from my iPhone

On Jun 28, 2018, at 11:34 AM, John Worden <jworden at swwalaw.com<mailto: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<mailto: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<mailto: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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