[MassHistPres] Demo by neglect violation by town

George Triantaris geo.triantaris at hotmail.com
Thu Aug 26 12:23:35 EDT 2021


The town cannot ignore its own Bylaw.  Check the wording of your local bylaw - many state that the town is not exempt.  Also check the enforcement provision - most allow the historical commission to enforce the bylaw either in court or through the building inspector.  The town should be held accountable for violations of the bylaw just as an ordinary citizen would be..........

George Triantaris, Chair
Harvard Historical Commission

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Today's Topics:

   1. Demo by neglect bylaw violation by the town (Richard McGrath)


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Message: 1
Date: Wed, 25 Aug 2021 22:44:36 -0400
From: Richard McGrath <mastermasonmcgrath at gmail.com>
To: Masshistpres <masshistpres at cs.umb.edu>
Subject: [MassHistPres] Demo by neglect bylaw violation by the town
Message-ID:
        <CAGQcf8STT-SdcAqr0j0VCVuqCV0JASpp-2sgfKZQHpGg94QO=Q at mail.gmail.com>
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Greetings! The town of Lunenburg has a vacant 1929 brick high school that
has been vacant for 10 years, or so, and has been undergoing demolition by
neglect because the town has refused to properly mothball the building.
Demolition by Neglect is a violation of the town bylaw. The Selectboard
says that they can't properly mothball the building because the public has
not authorized them to spend the money to do so.

My questions are, can a town be in violation of its own law? Is there some
way that they can be held accountable? Is there anything that the state can
do? If a town can just disregard its own bylaws and continue on as it
pleases, or as it is dictated to by the public, what is the purpose of
having the law? A citizen cannot disregard the law. How is it that a
selectboard can?

Has anyone had an experience with a situation like this.

Regards,

Richard McGrath, Chair
Lunenburg APDC
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