[MassHistPres] Demo Delay Definition of Demolition

[Patricia Kelleher]

Hi George,

Salem updated its Demolition Delay Ordinance in 2021 and added a definition of demolition:

“DEMOLITION” - Any act of pulling down, destroying, removing, or razing any of the following: 50% of all exterior walls of a Building including framing, windows, doors, exterior finishes and details; or 50% of exterior walls of a Building that are viewable from a public way; or 50% of all roof structures of a Building; or 50% of roof structures of a Building that are viewable from a public way; or enclosure or alteration of more than 50% of the exterior walls of a Building so that they no longer function as exterior walls. Any combination of the above that occurs within a five year time period shall be included in the calculation.

Patti

Patti Kelleher
Preservation Planner
City of Salem | Department of Planning & Community Development
98 Washington St., 2nd Floor | Salem, MA  01970
978-619-5685 | pkelleher at salem.com<mailto:pkelleher at salem.com>
www.preservingsalem.com<http://www.preservingsalem.com/> | www.salem.com<http://www.salem.com/>

*Staff liaison to the Salem Historical Commission & Salem Community Preservation Committee

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From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of George Triantaris via MassHistPres
Sent: Friday, November 3, 2023 9:51 AM
To: MassHistPres at cs.umb.edu
Subject: [MassHistPres] Demo Delay Definition of Demolition

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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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