[MassHistPres] Asking again - Demo Delay

[Robert Busch]

/Re-sending what I sent to the list on 7/6 because it appears to not 
have been included in the below list and it answers the question 
immediately below/

"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 7/17/2022 11:09 AM, A Ciaccio wrote:
> I’m curious why you wish to change it? Our town (Wayland) doesn’t have 
> a demo delay law, but my preference would be to have it run with the 
> property.
>
> Get Outlook for iOS <https://aka.ms/o0ukef>
> ------------------------------------------------------------------------
> *From:* MassHistPres <masshistpres-bounces at cs.umb.edu> on behalf of 
> Melissa Saalfield <mjc.saalfield at gmail.com>
> *Sent:* Saturday, July 16, 2022 12:59:01 PM
> *To:* masshistpres at cs.umb.edu <masshistpres at cs.umb.edu>
> *Subject:* [MassHistPres] Asking again - Demo Delay
> Dear Fellow Massachusetts communities,
>
> Last week I asked about a particular aspect of a town's demo delay 
> bylaw; specifically if the delay runs with the property or is attached 
> to the property owner.  The following towns replied to me:
>
> Brookline
> Chatham
> Duxbury
> Kingston
> Lexington
> Maynard
> Newton
> Somerville
> Weston
> Winchester
>
> I had heard from Hopkinton, Lunenburg, and Swampscott, but I was not 
> clear about their answer so I would appreciate it if you might respond 
> again.
>
> As for other towns that have the demo delay bylaw on their books, 
> could you please respond and let me know if your delay attaches to the 
> property or to the property owner.  I am trying to build a case for 
> Concord which currently has our delay run with the property.  Though 
> this may be a small amendment, we are hoping it provides a bit more 
> teeth to the bylaw.
>
> Many thanks to all of you.
>
> Melissa Saalfield, Chair
> Concord Historical Commission
>
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