[MassHistPres] Demolition Delay Questions

[Jack LeMenager]

Winchester adopted its demolition delay bylaw in 1996 and subsequently expanded its scope through several Town Meetings until 2016 when we completely rewrote it and more than doubled the number of properties it covers. Though we have imposed the delay many times, it has never been challenged legally. One time, an applicant’s lawyer threatened to sue us, but didn’t follow through. 

In answer to your second and third questions, our bylaw defines “demolition” in part to mean “any act of pulling down, tearing down, destroying, or razing a Building or substantially all of a Building…” We found the phrase "substantially all” to be vague so we adopted this definition two years ago: “...pulling down, tearing down, destroying, or razing 2/3 or more of the exterior cladding, sheathing or framing of the building as determined by measurements of area on elevation views of the exterior sides of the building.” This definition is not part of the bylaw. On the advice of Town Counsel, we adopted it for our use and by the Building Commissioner who uses as a guideline for referring projects to us that otherwise would not have been considered demolitions. 

As a result, the number of hearings we’ve held has increased and we’ve managed to save the unique details of many historic buildings that might otherwise have been lost. Most recently, in one such case, we lifted the delay in exchange for an agreement that the builder restore an elaborate railing system on the front porch of an 1885 colonial revival. I fear that had we not, the house’s most distinctive characteristic would have been lost. 

Jack LeMenager
Chair, Winchester Historical Commission

> 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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Jack LeMenager
781.454.7611
jlemen11 at icloud.com



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