[MassHistPres] question for historical commissions - Demo Delay Bylaw

[Robert Busch]

The Bolton DD bylaw grants a permit to the permit /Applicant /who must 
be the owner or the owner's designated legal representative. If 
ownership changes during the delay period, the application would be 
considered dead and would need to be refiled by the new owner.

While this interpretation has never been tested in court we are quite 
confident that it would hold up because it is both consistent with the 
wording of the bylaw and, as/more importantly, consistent with the 
essential purpose of the bylaw which is to negotiate preservation 
agreements for significant properties during the delay period.  Only a 
property's /owner /has the ability and incentive to negotiate and 
perform such an agreement.

The idea that a permit application would travel with the property, 
thereby diminishing the time to negotiate a preservation agreement, is 
not reasonable.

Regards,

Bob Busch

Co-Chair Bolton Historical Commission


On 7/6/2022 10:40 AM, Melissa Saalfield wrote:
> I am inquiring on behalf of the Concord Historical Commission about an 
> amendment to our bylaw that we are considering.
>
> Does your  demolition delay run with the property or with the property 
> owner?  (...so if/when a property is sold or transferred the new owner 
> would have to apply for a new demo permit)
>
> Thank you,
>
> Melissa Saalfield
>
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