[Massplanners] Two Year "No Build" Limit?

[Roughan, Michael]

Jennifer,

The Hopkinton Historical Commission received legal counsel regarding § 125-5. Enforcement and remedies.

Prior to the edits below the provisions for penalties read:
D. Any person who violates any provision of this chapter, or of any regulation, permit or agreement
  issued thereunder, shall be liable for a fine of not more than $300. Each day or portion thereof
  during which a violation continues, or unauthorized demolition occurs, shall constitute a separate
  offense, and each provision of this chapter, or any regulation, permit or agreement which shall have
  been violated, shall constitute a separate offense.
After revisions it now reads:

§ 125-5. Enforcement and remedies. [Amended 5-7-2018 ATM Art. 43]

A.    The Commission and the Building Inspector are both authorized to enforce the provisions of this chapter.



B.     The Building Inspector shall not issue a permit of any type pertaining to any property on which a significant structure has been demolished without first fully complying with the provisions of this chapter for a period of two years from the date of demolition.



C.     Any person who demolishes a building or other structure subject to this Article, or any component of such building or structure, without first obtaining and complying fully with the provisions of a demolition permit, may be penalized by noncriminal disposition as provided by M.G.L. c.40, §21D and Chapter 1, Section 1-4 of the Town's General Bylaw. The non-criminal disposition penalty shall be $300, each day or portion thereof during which a violation continues, or unauthorized demolition occurs, shall be considered a separate offense; provided, however, that at no point shall the fines imposed, which are attributable to the same demolition permit, be greater than the assessed value of the property.  [Amended 5-7-2018 ATM Art. 43]

The point of the revisions was to establish a "fair and reasonableness" provision to the penalties, therefore the 2 year limit and the maximum fine value equal to the assessed value of the property. Our legal counsel felt that unlimited penalties are not enforceable. While this doesn't directly address your question of a 2 year limitation, it does explain why there is a limit in the first place.

.....Mike

Michael Roughan, AIA, EDAC, LEED AP
Chairman
Hopkinton Historical Commission
18 Main St
Hopkinton, Ma. 01748
M +1.617.784.6463
Historychair at hopkintonma.gov<mailto:Historychair at hopkintonma.gov>

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Doherty, Jennifer (SEC) via MassPlanners
Sent: Wednesday, April 27, 2022 7:58 AM
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Subject: [Massplanners] Two Year "No Build" Limit?

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Hello all,
Most demolition delay bylaws include standard violation (demolition without permit) penalties of a $300/day fine and a two year "no build" order. I know the fine comes from MGL/building code, but I have a community looking to increase the "no build" period and I can't find reference to a maximum for that. Does anyone know where that might come from?
Thank you,
Jenn


Jennifer B. Doherty
Local Government Programs Coordinator
Massachusetts Historical Commission
220 Morrissey Boulevard
Boston, MA 02125-3314
Office: (617) 727-8470
Remote: (617) 807-0685
Jennifer.Doherty at sec.state.ma.us<mailto:Jennifer.Doherty at sec.state.ma.us>

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