[MassHistPres] Demo by neglect bylaw violation by the town

[anne forbes]

 These are excellent questions.  I can sympathize, because here in Acton our town-owned Morrison Farm, with its early 1930s farmhouse and barn, is in a similar situation.  Unfortunately, though, town-owned buildings are specifically exempt from our Demo. Delay Bylaw.

So that example can't help you..  But in your negotiations with the town, you will probably be discussing possible funding sources for a rehab., and new uses for the building. Here are two in the Lunenberg area:  Several years ago the 1920s Acton High School was rehabbed for housing by a developer who worked with the Acton Community Housing Corporation, placed it on the National Register, and used both(?) state and federal preservation tax credits to fund the rehab. You may also get some inspiration, at least, by checking with the Groton Historical Commission about their 1870s/1920s Groton High School building.  It was placed on the National Register about ten years ago and was in use then, but I haven't heard how it's been treated or managed since.   I'm sure the NR-listing at least opened up possibilities for preservation grant funding.  

Anne ForbesActon
  
 
-----Original Message-----
From: Richard McGrath <mastermasonmcgrath at gmail.com>
To: Masshistpres <masshistpres at cs.umb.edu>
Sent: Wed, Aug 25, 2021 10:44 pm
Subject: [MassHistPres] Demo by neglect bylaw violation by the town

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, ChairLunenburg APDC_______________________________________________
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