[MassHistPres] Demolition Delay Questions

[Dennis De Witt]

1— Brookline has a strong bylaw and imposes demo delay regularly, including for partial demolitions, including many with developers involved.  I am not aware of any case having been brought, much less succeeding.

2 — Brookline reviews partial demolitions.  For the most part, demolition includes removing 25% or more of the square footage of a building's exterior sides and roof, removing one side of a building, removing the roof, or significantly altering the shape of the roof.

3 — This is the definition in the bylaw.  Note particularly i) and iv)
"Demolition" – 
(i) the act of pulling down, destroying, removing or razing a Building or a significant portion thereof, by substantially removing or substantially covering one side or removing 25% or covering 25% of the exterior walls of the building, or substantially removing or substantially altering the roof, or removing 25% of the structure; 
(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. 

Brookline also has graphic guidelines

Dennis De Witt
Brookline

> On Jul 9, 2024, at 1:42 PM, Cornelius Hoss via MassHistPres <masshistpres at cs.umb.edu> wrote:
> 
> 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.
>  
> 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.
> Do any Historical Commissions include alterations to siding, windows, roof, or additions as potential substantial alterations that trigger review under a demolition delay bylaw?
> 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
>  
>  
> <image002.png>
> 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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