[MassHistPres] Demo Delay Bylaw provisions

[Tag Carpenter]

Melissa,

Here in Duxbury we revised the demolition delay bylaw a couple of years ago.  This process took years, was highly contentious, and (due to compromise) not satisfactory for all parties, but it was an effective compromise for Duxbury.
* Our demo delay process now runs with the land.  This was previously not defined, and was the single most contentious issue.  The Commission tried very hard to make the process owner-specific, but as a Zoning bylaw, that cuts against the grain. Relevant critical quote: "You want another bite at the apple." 
* While Partial Demolition is mentioned, there is no formal definition in the bylaw. We use a rule of thumb, 25% of the footprint area, or one entire exterior wall, or more than 25% of the total exterior perimeter in linear terms.  The most important thing is to define this, either in the bylaw or in the rules and regulations.  Owners do need understandable rules to go by.
* We have a standing application fee of $35, plus abutter (300') notification advertising costs if a hearing is scheduled.
* In most applications thus far, claims of decrepitude have been supported by a structural engineering report, although this is also not a requirement of our bylaw.  We have gone so far as to hire an experienced historic home contractor to refute the owner's engineer's assertions, but frankly this one is a losing battle.  It is hard to change the mind of an owner who is convinced the home is unsound or that repair is uneconomical.
Hope this helps!

- RTC

Chair, Duxbury Historical Commission
Duxbury, MA USA

>     On 08/19/2021 10:18 AM Melissa Saalfield <mjc.saalfield at gmail.com> wrote:
>      
>      
>     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
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>     MassHistPres at cs.umb.edu
>     https://mailman.cs.umb.edu/listinfo/masshistpres
> 
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