[MassHistPres] Demo Delay Bylaw provisions

[Melissa Saalfield]

Thank all of you for your quick and thorough responses!  THis
information will be very helpful for us as we prepare for next year's Town
Meeting.

Melissa Saalfield

On Fri, Aug 20, 2021 at 11:58 AM Roughan, Michael <
Michael.Roughan at hdrinc.com> wrote:

> Melissa,
>
>
>
> Our demolition review is similar to Sommerville in that it is an 18 month
> delay if the structure is deemed “Historically significant” and “preferably
> preserved”.
>
> As with Sommerville we have worked with our Building Inspectors to expand
> the language as to what does or does not qualify for a demo permit with
> non-structural elements excluded from the requirement.
>
> See text below.
>
>
>
> DEMOLITION PERMIT -- Any permit, including, without limitation, a
> demolition, alteration or building
>
> permit issued by the Director of Municipal Inspections, as required by the
> State Building Code, that
>
> authorizes the demolition of a structure or component thereof, with or
> without the intent to replace the
>
> structure or component so affected; but excluding, however, the demolition
> of only the nonstructural
>
> portions of the exterior or all interior components, or both.
>
>
>
> The rationale is that any non-structural material replacement could be
> reversed by subsequent owners. Otherwise we are encroaching on the
> governance provisions of a local historic district of which Hopkinton has
> three.
>
> Regards,
>
>
>
> …..Mike
>
>
>
> Michael Roughan, AIA, EDAC, LEED AP
>
> *Chairman *
>
> Hopkinton Historical Commission
>
> 18 Main St
> Hopkinton, Ma. 01748
> *M* +1.617.784.6463
> Historychair at hopkintonma.gov
>
>
>
> *From:* MassHistPres <masshistpres-bounces at cs.umb.edu> *On Behalf Of *Sarah
> White
> *Sent:* Thursday, August 19, 2021 11:30 PM
> *To:* Melissa Saalfield <mjc.saalfield at gmail.com>; masshistpres at cs.umb.edu
> *Subject:* Re: [MassHistPres] Demo Delay Bylaw provisions
>
>
>
> CAUTION: [EXTERNAL] This email originated from outside of the
> organization. Do not click links or open attachments unless you recognize
> the sender and know the content is safe.
>
>
>
> Melissa -
>
>
>
> Somerville overhauled its demolition review ordinance in the fall of 2020
> with significant tightening of its definitions, processes, requirements and
> penalties. In fall 2020, the demolition delay period was increased from 9
> months to 12 months.  In the spring of 2021, City Councilors initiated an
> increase to the demolition delay period from 12 months to 18 months.
>
>
>
> This link points to our municipal ordinance governing historic demolition
> (found in Chapter 7 *Housing* Article II, Sec. 7-28 of the municipal
> code). Please note that though the delay period has increased from 12
> months to 18 months, that update has not yet appeared on the Municode site
> but is in full effect legally.
> https://library.municode.com/ma/somerville/codes/code_of_ordinances?nodeId=PTIICOOR_CH7HO_ARTIIHIDI_S7-28DEREOR
> <https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Flibrary.municode.com%2Fma%2Fsomerville%2Fcodes%2Fcode_of_ordinances%3FnodeId%3DPTIICOOR_CH7HO_ARTIIHIDI_S7-28DEREOR&data=04%7C01%7Cmichael.roughan%40hdrinc.com%7Cb3a1fb56230d40b7652108d963dedb71%7C3667e201cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C637650631486303655%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=Ezm91l6UgZ96cb7HTAcx8hBLRZVGZWHVScVydOZ9%2BCI%3D&reserved=0>
>
>
>
> Somerville's demolition review ordinance includes partial demolition with
> a definition thereof in the ordinance.
>
> The delay runs with the property.
>
> We currently do not charge an application fee but, because the
> determination of "historic significance" and the determination of
> "preferably preserved" are both public *hearings*, legal ads run in the
> local paper of record and mailed notifications to abutters are required by
> state law. The City does not cover those expenses so the fees that we
> charge for each step of the review process are for coverage of legal ad
> costs (newspaper ad, printing and mailing). Of additional note, we have
> increased our notification area to a 300-foot radius so that it matches
> state zoning radius notification requirements. We made this change for our
> demolition notifications so as to give  abutters a heads-up about possible
> changes on a property sooner than hearing about it when a ZBA or Planning
> Board notice is sent out.
>
>
>
> Regarding claims of compromised structural integrity, applicants are
> required to provide a report from a structural engineer who specializes in
> historic building techniques:  *"**In the event that the applicant and/or
> owner seek to take a position that the building is of deficient structural
> integrity, the applicant shall submit an independent licensed structural
> engineer's report, from a qualified and experienced structural engineer
> with proven expertise in historic building techniques."*
>
>
>
> Sarah White, MDS-HP
>
> Senior Planner
>
> City of Somerville
>
> 93 Highland Avenue
>
> Somerville, MA 02143
>
> swhite at somervillema.gov
>
>
>
>
> ------------------------------
>
> *From:* MassHistPres <masshistpres-bounces at cs.umb.edu> on behalf of
> Melissa Saalfield <mjc.saalfield at gmail.com>
> *Sent:* Thursday, August 19, 2021 10:18 AM
> *To:* masshistpres at cs.umb.edu <masshistpres at cs.umb.edu>
> *Subject:* [MassHistPres] Demo Delay Bylaw provisions
>
>
>
> On behalf of the Concord Historical Commission, I am asking others about
> provisions of their bylaw:
>
>
>
>    - Is partial demolition of a structure covered in your bylaw?  If so,
>    how do you define "partial demolition?"
>
>
>
>    - Does the timing of the delay run with the property or with the
>    property owner?
>
>
>
>    - Do you charge an application fee to obtain a demolition permit?
>
>
>
>    - If an owner claims the property is unsound, do you require a
>    certified engineering report as proof of the claim
>
> We will be grateful for any responses!.  Thank you,
>
>
>
> Melissa Saalfield, Chair
>
> Concord Historical Commission
>
>
> *City of Somerville Public Records Notice*
>
> *Please be advised that the Massachusetts Attorney General has determined
> that email is a public record unless the content of the email falls within
> one of the stated exemptions under the Massachusetts Public Records Laws.*
>
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