[Massplanners] Demolition Delay Bylaw Opinion Inquiry

Thu Nov 3 16:14:46 EDT 2022

Thanks. That's encouraging.

Have they been utilized successfully?

Karen Pollastrino
Minco Development Corporation

From: Roughan, Michael <Michael.Roughan at hdrinc.com>
Sent: Thursday, November 3, 2022 3:45 PM
To: Karen Pollastrino <nbpt at Mincocorp.com>; Harry LaCortiglia <hlacortiglia at comcast.net>; massplanners at masscptc.org
Subject: RE: [Massplanners] Demolition Delay Bylaw Opinion Inquiry

Karen,

Over the last decade Hopkinton has enacted two modifications to Town Bylaws that have helped with preservation. The first was increasing the Demo Delay from 6 to 18 months and the second was relief from specific zoning requirements if the historic structure was preserved. (partial Bylaw below). Both have helped achieve the results intended.

§ 210-117.2. Lots with Historic Structures [Added 5-2-2011 ATM, Art. 44]

A. A lot may be created which does not meet the size and setback requirements of this Chapter upon the
issuance of a special permit by the Planning Board, if the following criteria are met:

(1) The lot to be created will contain an Historic Structure;

(2) The Historic Structure which will be located on the lot is either:

(a) Presently situated on a lot for which an application has been submitted to the Town for
approval of any single or multi-family residential development, an approval-not-required
plan pursuant to MGL c.41 § 81P, or a construction project subject to Article XX, Site Plan
Review, and the Historic Structure will remain in its present location; or

(b) Planned to be moved from a lot or within a lot for which an application has been submitted
to the Town for approval of any single or multi-family residential development, an approval-not-required
plan pursuant to MGL c.41 § 81P, or a construction project subject to Article
XX, Site Plan Review.

(3) The Planning Board finds that the proposed lot is in harmony with the general purpose and intent
of this Chapter.

B. The special permit shall be subject to such conditions and safeguards as the Planning Board may
prescribe, including the recording of an historic preservation restriction. [Amended ATM 5-6-2015,
Article 39]  .............

.....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<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Karen Pollastrino via MassPlanners
Sent: Thursday, November 3, 2022 1:22 PM
To: Harry LaCortiglia <hlacortiglia at comcast.net<mailto:hlacortiglia at comcast.net>>; massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: Re: [Massplanners] Demolition Delay Bylaw Opinion Inquiry

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Are there any incentives you can offer a homeowner to rehab rather than demo such a building? As opposed to the disincentive of a 12-24 month demo delay?

Carrot, not stick?

Karen Pollastrino
Minco Development Corporation

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Harry LaCortiglia via MassPlanners
Sent: Thursday, November 3, 2022 6:20 AM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: Re: [Massplanners] Demolition Delay Bylaw Opinion Inquiry

I was always of the mind that a Demo Delay would give a community adequate time to relocate (or at least salvage some elements) of a desirable Historic Structure.

Sadly, the time it takes to acquire all of the other permits usually required in any permitting process for a development, is longer than most of the Demo Delay periods. Oftentimes, developers merely go through the motions of working with Historical Commissions, not really acting in good faith. They merely wait until the clock runs out and with their other permits in hand, bring in the bulldozer.

Unless a the Demo Delay is for a year or 18 months there's little financial incentive for a developer to actively work to relocate a structure.

Now that interest rates are climbing, it may just be more cost effective to work actively with communities to get the building off of the lot as quickly as possible. Maybe not. It's all those numbers on a spreadsheet that make the real decisions.
H. LaCotiglia
Georgetown

On 11/1/2022 3:48 PM, Karen Pollastrino via MassPlanners wrote:
What is the purpose of demolition delay?

OK, now what is the REAL purpose of demolition delay?

Thank you.

Karen Pollastrino
Minco Development Corporation

From: MassPlanners <massplanners-bounces at masscptc.org><mailto:massplanners-bounces at masscptc.org> On Behalf Of Cassandra Thayer via MassPlanners
Sent: Wednesday, October 19, 2022 10:23 AM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: [Massplanners] Demolition Delay Bylaw Opinion Inquiry

Good Morning Massplanners,

Cohasset is currently undergoing a Zoning Bylaw re-write and is looking into the possibility of adding a demolition delay. If you have a demo delay bylaw in your town, we'd like to inquire if you think they work well and what you would change about them if you could.

Thanks for your time!

[cid:image001.jpg at 01D8EF9F.634340A0]
Cassandra Thayer
Assistant Town Planner

Phone: 781-383-4100, x 5127
Email:cthayer at CohassetMA.org<mailto:cthayer at CohassetMA.org>

41 Highland Ave
Cohasset, MA 02025
www.cohassetma.org<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cohassetma.org%2F&data=05%7C01%7Cmichael.roughan%40hdrinc.com%7Cea5b486c1b9c4d1e465708dabdc02ab5%7C3667e201cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C638030930297490709%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=9TL7G1AWGgZ3ClmDBRtKdNBKZC5vzJv9Hbms5YnKZCQ%3D&reserved=0>
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