[MassHistPres] Stockbridge has a demolition delay law with real teeth

[edandrews at earthlink.net]

I want to call to the attention of the Massachusetts historic building
preservation community the very effective demolition delay law that
Stockbridge has had in place since 2011.  If an historic building owner
wants to demolish the building, this town's by-law requires the owner to put
the building up for sale at market price for one year before the town will
consider permitting its demolition.  If the building cannot be sold at its
appraised value, only then the town will consider a demolition permit.  

 

This is a demolition delay with real teeth that has preserved at least
eleven historic Stockbridge buildings since 2011 that would otherwise have
been demolished without this law's protection.  

 

The heart of this by bylaw is as follows,  

 

Before demolition may be considered, the building owner must carry out ".for
at least twelve (12) months bona fide and reasonable efforts to locate a
purchaser willing and reasonably able to preserve, rehabilitate or restore
the subject Building and that such efforts have been unsuccessful. The term
"Continuing, bona fide and reasonable efforts to locate a purchaser "shall
mean retaining a licensed broker to market the property in the usual manner
over substantially all of the 12-month period, obtaining an appraisal from a
reputable appraiser and providing evidence of good faith negotiations with
potential buyers of the property. These efforts to sell the property shall
be deemed unsuccessful only upon a finding that either there were no offers
to purchase the property, that no offer from a willing and reasonably able
buyer was for at least the reasonable appraised value of the property, or
that no agreement to sell the property pursuant to an offer of at least the
reasonable appraised value of the property could be reached despite good
faith efforts to do so.

 

The entire bylaw may be viewed in Article XXII in the Stockbridge Town
By-laws at  <https://townofstockbridge.com/by-laws/>
https://townofstockbridge.com/by-laws/

 

I believe that this demolition delay law should be used as  model by other
Massachusetts towns.  

 

Edward Andrews

Shaker Farm

Richmond  

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