[MassHistPres] Input from fire chief on demolition delay

[Sullivan, Charles M.]

Cambridge addressed the problem of arbitrary demolitions by amending its demolition delay ordinance.



Our demo delay ordinance had the following provision when it was enacted in 1978:



2.78.110 - Emergency demolition. B. Nothing in this chapter shall prevent the construction, reconstruction, alteration or demolition of any feature which the Commissioner of Inspectional Services shall certify is required for public safety because of an unsafe or dangerous condition.



In the absence of an emergency (like the need to take down an unstable building following a fire) the established procedure in Cambridge has long been for the Building Commissioner to convene a Board of Survey, consisting of the commissioner, the fire chief, and an outside engineer to evaluate neglected or unsafe buildings that seemed to pose a hazard to the public. In the 1980s the Board seemed to be making some questionable decisions, so we had this provision added to the demo ordinance:



A. In the event that a Board of Survey is convened to consider the condition of a building over fifty years old, the Executive Director of the Cambridge Historical Commission shall be notified to accompany the Board during its inspection. The Commissioner of Inspectional Services shall pursue all reasonable courses of action to prevent emergency demolition of such a building which the Executive Director makes an initial determination is or may be a significant building, including but not limited to requiring the owner to secure it against further danger to the public.



Although the Executive Director accompanies the Board only as an observer, this provision has worked well and we’ve had no further problems with arbitrary demolitions. For commissions without staff the chair could be assigned this role.



Charles Sullivan



_____________________________________________

Charles Sullivan, Executive Director

Cambridge Historical Commission

831 Massachusetts Ave., 2nd Fl.

Cambridge, Mass.  02139

ph 617-349-4684; fax 617-349-6165; TTY 617-349-6112

http://www.cambridgema.gov/Historic





-----Original Message-----
From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of sally milne
Sent: Friday, March 8, 2019 1:07 PM
To: MassHistPres MA <masshistpres at cs.umb.edu>
Subject: [MassHistPres] Input from fire chief on demolition delay



Hello everyone,

     We  have encountered an issue I find perplexing and so I turn to you all.

In Harwich we have a Historic building for which the demolition delay is invoked. Having attended a number of demo hearings I notice the lawyers always object to personal opinion of the HDHC and keep them on point as to their guidelines for the hearings. However recently the fire chief and to a lesser degree the police department have made statements that the building under the demolition delay should be demolished as it is unstable. I understand the need for the fire department to red x the building so that firemen won’t enter and be hurt while putting out a fire, that would be in the realm of the fire chief. I do not think it is in his realm to deem the building be demolished. That would seem to be an engineering assessment along with the HDHC.

    Has anyone experienced this? I think it could be a detrimental practice and wonder how to handle it.



I thank you for your time and consideration.

Sally Urbano

Individual

Harwich,ma

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