[MassHistPres] Demo Delay Bylaw provisions

[WN Hill Preservation]

 Several years ago the Demolition Delay ordinance in Newton was
strengthened to prevent transfer on sale of the property. While we still
have too many teardowns in Newton, it did make a big difference to remove
transferability.  The new owner would to start the process over again.

Here is the language from the ordinance:


 In the event a transfer of ownership of a preferably preserved property
occurs during the applicable demolition delay period, the full applicable
demolition delay period will restart from the date of the transfer of
ownership.

 (8) In the event a transfer of ownership of a preferably preserved
property occurs after the applicable demolition delay period expires but
prior to the issuance of a demolition permit, no demolition permit shall
issue until the new owner complies with the procedures set forth in section
22-50 (c) (5).

On Fri, Aug 20, 2021 at 9:31 AM Sarah White <swhite at somervillema.gov> wrote:

> 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
>
> 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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wnhpreservation at gmail.com
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