[MassHistPres] Demo Delay Definition of Demolition

[Jack LeMenager]

The Winchester Building Department is required to follow the town’s bylaws, which include both the Demolition Delay bylaw and the zoning bylaws. Additionally, our Building Commissioner specifically requested of the Historical Commission that we succinctly define the term “substantially all,” which we did as note to the department and an addendum to the bylaw.

Jack LeMenager
Chair, Winchester Historical Commission 

> On Nov 3, 2023, at 6:24 PM, Garrett Laws via MassHistPres <masshistpres at cs.umb.edu> wrote:
> 
> Does your building department have the identical definition of demolition?
> 
> I would like to see a survey of answers to that question as unscrupulous developers could use that against a city or town. 
> 
> Garrett Laws
> Copper and Slate
> Waltham
> 
> On Friday, November 3, 2023, William Dickinson via MassHistPres <masshistpres at cs.umb.edu <mailto:masshistpres at cs.umb.edu>> wrote:
>> George,
>> 
>> We wanted more control, so adopted 25% of a single facade for our demo delay by-law.  Working with the building inspector we also included some clarifications and exclusions for maintenance that we did not want to review.
>> 
>> Bill Dickinson - Chair
>> Acton Historical Commission
>> 
>> 2.2 "Demolition" - any act of pulling down, destroying, removing, or razing a building or more than 25% of any single façade or any significant architectural or structural feature visible from the exterior of the building, or commencing the work of total or substantial destruction with the intent of completing the same; demolition does not include the mere replacement of roofing, siding, windows, or trim for maintenance or repair. For purposes hereof, “significant architectural or structural features” include but are not limited to porticos, bay windows, roof lines, dormers, or other unique features of a building.
>> 
>> On Fri, Nov 3, 2023 at 9:57 AM George Triantaris via MassHistPres <masshistpres at cs.umb.edu <mailto: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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>> 
>> 
>> -- 
>> William Dickinson, AIA
>> Dickinson Architects, LLC
>> 91 Main Street, Concord, MA   01742
>> Bill at DickinsonArc.com
>> www.DickinsonArc.com <http://www.dickinsonarc.com/>
>> 978-341-8267
> 
> 
> -- 
> 
> Many Thanks,
> Garrett Laws
> 
> The Copper & Slate Company <https://copperandslate.net/>
> 
> Instagram <https://www.instagram.com/copperandslatecompany/> 
> 
> The Copper & Slate Company, Inc.
> Fine Roofing and Historic Carpentry
> 238 Calvary Street,
> Waltham, MA 02453
> (781) 893-1916
> 
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Jack LeMenager
781.454.7611
jlemen11 at icloud.com



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