[MassHistPres] Non-transferable demo delay

[Dennis De Witt]

Susan

See the second amendment para. below.

Dennis

new language appears in bold 
1. Amend Section 5.3.2.h of the Town’s General By-Laws as follows:
h. “Demolition” – (a) the act of pulling down, destroying, removing or razing a Building or a significant portion thereof, by substantially removing or substantially covering one side of the building, or substantially removing or substantially altering the roof, or removing 25% or covering 25% of the exterior walls 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.

2. Amend Section 5.3.4 by adding the following new Section 5.3.4.d:
d. An application for a Demolition Permit is valid only with respect to the owner(s) of record at the time it is delivered to the Preservation Commission Staff, unless otherwise provided for in this section. In the event a transfer of ownership occurs of a Significant Building, no Demolition Permit shall be issued until the new owner files a new application and complies with the procedures set forth in Section 5.3.3 through Section 5.3.12 An applicant for a Demolition Permit shall certify to the satisfaction of Preservation Commission Staff, immediately prior to its issuance, that there has been no change in ownership subsequent to the delivery of the application to the Preservation Commission Staff, and the Building Commissioner shall not issue a Demolition Permit without Preservation Commission Staff certification or evidence that the applicant intends to take advantage of the exemption listed below in this section. Notwithstanding the forgoing, if the Commission has, pursuant to its discretion in Section 5.3.10, voted to lift a stay based on a design submitted by a previous owner, the Building Commissioner, in conjunction with the Preservation Commission Staff, may approve and issue a Demolition Permit without having the new owner file a new Demolition Permit application for that design.

3. Amend Section 5.3.7 of the Town’s General By-Laws as follows:
Within 20 30 Business Days of an Initial Determination that the building falls into one or more of the categories in Section 5.3.5, the Commission shall review the Application and Initial Determination, without reference to any proposed replacement use or design, at a public hearing with notice given as provided in Section 5.3.12 to determine whether the building is significant as defined in Section 5.3.2.

Or act on anything relative thereto. 

afé Du Monde
Café Du Monde


> On Nov 29, 2018, at 3:49 PM, Arena, Susan <ArenaS at worcesterma.gov> wrote:
> 
> Did the new language regarding non-transferable decisions ever get circulated? Worcester would also be interested.
> Thanks.
> 
> Susan Arena
> Preservation Planner
> City of Worcester
> Planning & Regulatory Services Division
> 455 Main Street, Room 404 
> 508-799-1400 ext 31410
> arenas at worcesterma.gov 
> 
> -----Original Message-----
> From: MassHistPres [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Emily Hutchings
> Sent: Thursday, November 15, 2018 10:56 AM
> To: 'Richard Smith'; 'Dennis De Witt'; 'Mass Historic List Serve'
> Subject: Re: [MassHistPres] Non-transferable demo delay
> 
> Beverly is also interested in the revised language.
> 
> Thank you,
> 
> Emily Hutchings
> City of Beverly
> Associate Planner
> 978-605-2346
> ehutchings at beverlyma.gov 
> 
> -----Original Message-----
> From: MassHistPres [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Richard Smith
> Sent: Thursday, November 15, 2018 10:23 AM
> To: 'Dennis De Witt' <djd184 at verizon.net>; 'Mass Historic List Serve' <masshistpres at cs.umb.edu>
> Subject: Re: [MassHistPres] Non-transferable demo delay
> 
> Excellent!  Is the revised language on partial demolition available?
> 
> Richard Smith
> Swampscott Historical Commission
> 
> -----Original Message-----
> From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Dennis De Witt
> Sent: Wednesday, November 14, 2018 8:49 AM
> To: Mass Historic List Serve <masshistpres at cs.umb.edu>
> Subject: [MassHistPres] Non-transferable demo delay
> 
> Last night Brookline Town Meeting unanimously passed a by-law amendment terminating (with a couple of minor exceptions) any demo delay process when ownership of a property changes hands.   Certain brokers would tell their listing clients to apply for demo delay to make the property more attractive to potential buyers.  On average the Commission and its staff were wasting scarce time and resources on at least one such case each month, where there was no subsequent interest in demolition.  Now, if a new owner actually wants demolition, they will have to apply for it de novo.
> 
> This amendment, together with some other definitional clarifications relating to partial demolition, was drafted by a subcommittee of the commission with helpful input from two local real estate attorneys and, of course, town council and the building commissioner. 
> 
> Dennis De Witt
> Brookline
> 
> 
> 
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