[Massplanners] Demolition Delay Bylaw Opinion Inquiry

Fri Nov 4 07:46:17 EDT 2022

Lexington recently updated its historic preservation zoning provision to
broadly allow waiver of dimensional and use controls. The new version has
been used at least twice in the last 2 years.

https://ecode360.com/27630099

Charles Hornig

Lexington Planning Board

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Karen
Pollastrino via MassPlanners
Sent: Thursday, November 3, 2022 4:15 PM
To: Roughan, Michael <Michael.Roughan at hdrinc.com>; Karen Pollastrino
<nbpt at Mincocorp.com>; Harry LaCortiglia <hlacortiglia at comcast.net>;
massplanners at masscptc.org
Subject: Re: [Massplanners] Demolition Delay Bylaw Opinion Inquiry

Thanks. That’s encouraging.

Have they been utilized successfully?

Karen Pollastrino

Minco Development Corporation

From: Roughan, Michael <Michael.Roughan at hdrinc.com
<mailto:Michael.Roughan at hdrinc.com> > 
Sent: Thursday, November 3, 2022 3:45 PM
To: Karen Pollastrino <nbpt at Mincocorp.com <mailto:nbpt at Mincocorp.com> >;
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

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
 <mailto:Historychair at hopkintonma.gov> 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  <mailto:massplanners-bounces at masscptc.org>
<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! 

Cassandra Thayer

Assistant Town Planner

Phone: 781-383-4100, x 5127

Email:ct <mailto:cthayer at CohassetMA.org> hayer at CohassetMA.org

41 Highland Ave

Cohasset, MA 02025

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