[MassHistPres] Ordinance concerning demolition by neglect

[Tina McCarthy]

As a followup to Dennis' comments about Brookline's Bylaw, it may be worth noting that our General Penalty Provision and Prosecutions/Enforcement (Articles 10.1&10.2) designate the Preservation Commission as an enforcement agent for Article 5.3, which empowers the Planning Director to act on behalf of the Commission in enforcement matters in addition to the Building Commissioner.  I highly recommend including this flexibility for Demolition and LHD Bylaws, as Building officials are often reluctant to move forward on enforcement that does not include violation of the Building Code itself.



Tina McCarthy

Senior Preservation Planner

Town of Brookline

333 Washington St.

Brookline, MA 02445

(617)730-2612

tmccarthy at brooklinema.gov

In-Office days: Tuesday & Wednesday

________________________________
From: MassHistPres <masshistpres-bounces at cs.umb.edu> on behalf of Dennis De Witt via MassHistPres <masshistpres at cs.umb.edu>
Sent: Tuesday, March 12, 2024 7:16 PM
To: MHC MHC listserve <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] Ordinance concerning demolition by neglect

Brookline has linked provisions in its Demo Delay Bylaw and Preservation Commission Rules & Regs (see both together -- they are on line) for Demolition by Neglect and, related to that, Demolition by Misadventure.  I know of only two Demo by Neglect cases on which action was taken — neither to my mind has been fully satisfactory, in part because it seemed as if different Building Commissioners were reluctant to take them on — in one case doing so in a very limited manner and in the other it took many years of neighborhood pressure.  And even then, I have the impression it is probably that serious interior issues in the second case might not be addressed.  So, while I do suggest these documents as models, consultation with the building department and/or municipal legal department might be in order as to how they might be tweaked to be more easily or more completely enforced.

Dennis De Witt
Brookline

On Mar 12, 2024, at 3:10 PM, Dorothy Clark via MassHistPres <masshistpres at cs.umb.edu> wrote:

Hello list readers,
I am wondering what, if any, communities in Massachusetts have ordinances in place that protect historic properties from demolition by neglect.
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Dorothy Clark
Assistant Survey Director
Boston Landmarks Commission
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