[MassHistPres] Demo Delay Definition of Demolition

[Robert Busch]

Hi

The definition we use in Bolton is as follows:

/1.17.2.3 Demolition - any voluntary act of pulling down, destroying, 
burning, removing, or razing of a building in whole or in part; 
commencing the work of destruction; or allowing the same to be done by 
others./

It's quite broad and and doesn't use subjective terms like 
"substantial". It has worked well for us for decades.

Our Building Department refers all Demolition Permit applications to the 
Historical Commission for adjudication. The Historical Commission's 
adjudication under the bylaw is definitive except for a situation where 
a building has been condemned by the BD and is ordered to be razed for 
safety reasons. These are uncommon but we've had a few.

I'll add from my working experience that it's generally good practice to 
avoid subjective wording, like /substantial/; it invites challenges.

Regards,

Bob Busch Chair - Bolton Historical Commission

On 11/3/2023 9:50 AM, George Triantaris via MassHistPres 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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