[Massplanners] Demolition Delay Bylaw Opinion Inquiry

Fri Nov 4 08:38:01 EDT 2022

Winchester offers several incentives for property owners to rehabilitate or
put preservation restrictions on the property. As Betsy alluded to, the
Center Business District allows property owners to rebuild stories of
historic structures that were taken off (due to fire or any other reason)
without the need for a Special Permit. So even if the proposed height would
be outside of what is allowed, if the building is being renovated and
returned to its former height, it may do so by-right.

Additionally, a newer incentive for property owners relates more to
historic single family homes and duplexes. If a homeowner places a
preservation restriction on their historic property, the ZBA is allowed by
Special Permit to approve a new non-conforming buildable lot. We have two
applications for this new provision that should be going in front of the
ZBA within the next 2 months.

So, as an example.......let's say there is a historic house (deemed by the
MHC or the Winchester Historical Commission) on a lot that has a frontage
of 90' with an area of 18,000 SF. In this zone, you need 65' of frontage
and 10,000 SF for a buildable lot. The ZBA would be allowed via Special
Permit to create a new lot where the resulting frontages are 60' and 30'
and the resulting areas are 10,000SF and 8,000SF IF a preservation
restriction is placed on the historic home. This is a very large incentive
for a homeowner to perpetually preserve their historic resource. I'll let
you know how the first one goes!!

Best,
  Brian Szekely
  Winchester Town Planner

On Thu, Nov 3, 2022 at 9:31 PM robert leavens via MassPlanners <
massplanners at masscptc.org> wrote:

> Winchester, while working on their dysfunctional downtown zoning bylaws,
> offered incentives to rehabilitate significant historic buildings in the
> town center.
> Most buildings were not conforming, would have required a significant
> amount of permitting between various boards.
> What was drafted was language which stated that if rehabilitation was
> approved by the Historical Commission, they could be exempt from the months
> of permitting for a non-conforming building.  The language allowed for
> expansion, changes in use and other benefits.
>
> Everyone, including building owners, were on board with the language,
> which was approved by town meeting.  I moved on to another job so I don't
> know if it was used or not.
> The Town Planner in Winchester should be able to assist in answering that
> question.
>
> Betsy Ware
> Independent Planning Consultant
>
> On Thu, Nov 3, 2022 at 4:16 PM Karen Pollastrino via MassPlanners <
> massplanners at masscptc.org> wrote:
>
>> 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
>>
>>
>>
>> *From:* MassPlanners <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>;
>> massplanners at masscptc.org
>> *Subject:* Re: [Massplanners] Demolition Delay Bylaw Opinion Inquiry
>>
>>
>>
>> CAUTION: [EXTERNAL] This email originated from outside of the
>> organization. Do not click links or open attachments unless you recognize
>> the sender and know the content is safe.
>>
>>
>>
>> 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> *On Behalf Of *Harry
>> LaCortiglia via MassPlanners
>> *Sent:* Thursday, November 3, 2022 6:20 AM
>> *To:* 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>
>> <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
>> *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*: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>
>> *
>>
>> [image: Facebook]
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>>
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>>
>>
>>
>>
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-- 
In our profession, a plan that everyone dislikes for different reasons is a
success. A plan everyone dislikes for the same reason is a failure. And a
plan that everyone likes for the same reason is an act of God.
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