[MassHistPres] Demolition Delay Questions

[Cornelius Hoss]

Hello,

We received an inquiry from a community that has recently developed a draft demolition delay bylaw. A few questions have been posed in the community that are outside of some of the typical questions we get re: the implementation of a demo delay bylaw.


  1.  Are there any communities that have been regularly challenged (or challenged at all) through lawsuits where a delay was invoked? There is concern that the town will be subject to legal challenges depending on the strength of the bylaw. I am not aware of any local communities that have been challenged over delay decisions, but didn't want to rule out that this wasn't happening outside of the Berkshires.
  2.  Do any Historical Commissions include alterations to siding, windows, roof, or additions as potential substantial alterations that trigger review under a demolition delay bylaw?
  3.  More specifically related to oversight of "substantial alterations" via #2, do any Historical Commissions utilize internal guidance or guidelines to assist commission members with how to evaluate properties?

Thank you,
CJ


[cid:image002.png at 01DAD205.E2D8A810]
Cornelius Hoss, AICP, Community Planning and Development Program Manager
1 Fenn St., Suite 201 | Pittsfield, MA 01201
O: 413.442.1521 x44
choss at berkshireplanning.org<mailto:choss at berkshireplanning.org>
www.berkshireplanning.org<http://www.berkshireplanning.org/>


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