[MassHistPres] Demolition Delay Inquiry

[Ryan D. Hayward]

Dear preservationists,
I'm writing on behalf of the Medford Historical Commission.
The City of Medford is considering changes to our Demolition Delay procedure. We currently have a two step process - determine significance, then hold a preferably preserved hearing. Our findings are based on an MHC inventory form and public input is taken at the hearing. It can trigger an up to 18 month delay. In most cases, the proponents will work with us to change their designs to mitigate demolition. The delay ends when the Commission is satisfied the resource will remain a legible component of the neighborhood.  We've seen a number of buildings rehabilitated this way and we feel the ordinance is successful and working. We rarely have total demolitions these days given the length of the delay, cost of materials, etc.
A question of enforcement and the legal status of our decisions has been called into question by the Building Department. A couple of proponents recently reverted back to their original plans after working with us and having their delay released. The new Commissioner feels any mitigation efforts, specifically design changes to architectural projects, are unenforceable without a filing in MA Land Court (similar to what Zoning Relief requires). The Commissioner noted the deficiency in our meeting and those interested in abolishing our bylaw have latched onto the idea that the ordinance is unenforceable. As you can imagine, we are concerned about what will happen as word gets out there.

One thing to note was that he feels an 18 month delay is punitive. Our body has never rejected anyone's efforts to mitigate the demolition. There are a handful of developers and owners that have walked away to wait out the entire delay. We feel that in these instances, the penalty is self-imposed as the onus is on the proponent to work with out body. We do make an effort to reach out and try to bring the project to a resolution. Our record speaks for itself. We have less than a dozen walks over the last two years our lengthened delay has been in place.

His position aside, the Commissioner does want to support our body and is interested in helping us strengthen the ordinance. He wants to see clearer language that spells out exactly what is reviewable, help us find a way to speed up determinations, and exclude other structures (we, for example, have thousands of block garages that would be eligible but we decide to pass on review). We also want to make it clear the delay is not transferable as our findings are usually specific to the building, then project at hand. Our bylaw is the standard template from 1990ish so it's very generic and could be updated. We want to be well educated before approaching any approving body with changes.

The Historical Commission is curious what neighboring communities do in terms of their Historical Commission decisions and enforcement. What constitutes a continuing and bonafide effort? When you release your delays, are the conditions transmitted in a letter, or is there a contract between the City/Town and the owner? It would also be helpful if you let us know the length of your delays (perhaps the up to date, and the usual actual if you release them sooner).

Again, any help you can offer in terms of precedents would be appreciated. Photos of buildings saved will also be useful as we're going to put together a slideshow for the public to support our cause.
Thanks,
Ryan D. HaywardVice ChairMedford Historical Commission

 

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