[MassHistPres] Ordinance concerning demolition by neglect

[Dennis De Witt]

I believe the penalty is capped by law at to $300/per day.

Dennis De Witt
Brookline

> On Mar 14, 2024, at 1:27 PM, Garrett Laws <copperandslate at gmail.com> wrote:
> 
> To give this teeth you should also have a penalty structure in place that so that the ordinance is followed, fair and impartial. A penalty equal to the building permit fee assessed on a daily or weekly basis will get people’s attention while putting the dollar amount and fee structure into someone else’s and isn’t questioned when it changes. 
> 
> Garrett Laws
> The Copper & Slate Company 
> 
> On Wednesday, March 13, 2024, heartwood via MassHistPres <masshistpres at cs.umb.edu <mailto:masshistpres at cs.umb.edu>> wrote:
>> good call tina!
>>  
>> jade mortimer
>> heartwood window restoration
>> po box 114 1605 mohawk trail
>> charlemont, ma 01339 <https://www.google.com/maps/search/1605+mohawk+%0D%0Atrail+charlemont,+ma+01339+413?entry=gmail&source=g>
>> 413 <https://www.google.com/maps/search/1605+mohawk+%0D%0Atrail+charlemont,+ma+01339+413?entry=gmail&source=g>-625-8680
>>  
>> From: Tina McCarthy via MassHistPres <>
>> Sent: Wednesday, March 13, 2024 9:56 AM
>> To: MHC MHC listserve <> ; Dennis De Witt <>
>> Subject: Re: [MassHistPres] Ordinance concerning demolition by neglect
>>  
>> 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 <mailto:tmccarthy at brooklinema.gov>
>> In-Office days: Tuesday & Wednesday
>> 
>> From: MassHistPres <masshistpres-bounces at cs.umb.edu <mailto:masshistpres-bounces at cs.umb.edu>> on behalf of Dennis De Witt via MassHistPres <masshistpres at cs.umb.edu <mailto:masshistpres at cs.umb.edu>>
>> Sent: Tuesday, March 12, 2024 7:16 PM
>> To: MHC MHC listserve <masshistpres at cs.umb.edu <mailto: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 <mailto: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.
>>> 
>>> Dorothy Clark
>>> Assistant Survey Director
>>> Boston Landmarks Commission
>>> Office of Historic Preservation <https://url.us.m.mimecastprotect.com/s/1IenCyPJX5ug749ltZ4PDT?domain=boston.gov>
>>> Office: (617) 635-2912
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>> 
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> 
> 
> -- 
> 
> Many Thanks,
> Garrett Laws
> 
> The Copper & Slate Company <https://copperandslate.net/>
> 
> Instagram <https://www.instagram.com/copperandslatecompany/> 
> 
> The Copper & Slate Company, Inc.
> Fine Roofing and Historic Carpentry
> 238 Calvary Street,
> Waltham, MA 02453
> (781) 893-1916
> 
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