[MassHistPres] Demo Delay Definition of Demolition

[Dennis De Witt]

Here is Brookline’s definition of Demolition in its most recently amended (2018) version — with the addition of “substantially” in four places
h. “Demolition” – (a) the act of pulling down, destroying, removing or razing a Building or a significant portion thereof, by substantially removing or substantially covering one side of the building, or substantially removing or substantially altering the roof, or removing 25% or covering 25% of the exterior walls; (ii) moving a Building from its site with no permitted new location for said Building; (iii) in the case of a Building within Section 5.3.5(b), substantially gutting (as defined by the Preservation Commission per section 5.3.14) an interior space that has generally been open to the public and is integral to the historic character of the building; (iv) in the case of a building within Section 5.3.5(b), the systematic removal, effacement, or destruction of the exterior architectural elements which define or contribute to the historic character of the Building, or (v) commencing any of the foregoing work. "Demolition" as used herein shall be deemed to include Demolition by Neglect.

Another section of that amendment also limited the delay process outcome to the owner of record at the time of application, making it not transferable to a new owner who would have to start over.

Dennis De Witt

Brookline


> On Nov 3, 2023, at 9:50 AM, George Triantaris via MassHistPres <masshistpres at cs.umb.edu> wrote:
> 
> We are in the process of drafting a demolition delay bylaw for Harvard Mass and I wonder if any towns have included a definition of "substantial demolition" which is referenced but not defined in the boilerplate sample bylaw supplied by the Commonwealth.   
> 
> DEMOLITION - Any act of pulling down, destroying, removing, moving, dismantling or razing a building or commencing the work of total or substantial destruction with the intent of completing the same.
> 
> I am worried that without a definition of substantial demolition, developers will simply leave a small portion of the building such as the facade and argue that they have not "demolished" the structure in order to get around the bylaw.   Any advice would be most welcome.
> 
> -- 
> Many thanks,
> 
> George Triantaris, Chair
> Harvard Historical Commission
> https://www.harvard-ma.gov/historical-commission  
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