Demolition DelayBylaws and Ordinances

in Massachusetts

Providing aWindow of

Opportunity toProtect

SignificantHistoric

Resources

Demolished

DemolishedDemolished

Demolished

What do all of these buildingshave in common?

Vaughn-Hathaway House, 1750 Old Corner Store, 1820

Nahum Stetson House, 1820 Abram Washburn House, 1825

Education and Advocacy

Demolition DelayBylaws and Ordinances

An effective tool to help protect significant historicresources in your community.

Established by town meeting or city council vote

Requires approval of the Local Historical Commission beforea building (demolition) permit is granted

Delays demolition for a period of usually 6, 12 or 18 months.

Provides a window of opportunity for a positive outcome.

Demolition Delay BylawsStatewide Map

Demolition Delay Bylawsin Massachusetts

1. How Does a Demolition DelayBylaw Work?

2. Types of Demolition Delay Bylaws3. Success Stories with Demolition Delay

Demolition Delay Bylaws andOrdinances

1. How Do They Work?

Typical Steps in a Town with aDemolition Delay Bylaw.1. The applicant goes to town hall to file the application to

obtain the building (demolition) permit.

2. The building inspector notes that the building is subjectto the demolition delay bylaw.

3. The building inspectorforwards the application tothe local historicalcommission.

Typical Steps in a Town with aDemolition Delay Bylaw.

4. The Historical Commission determinesthat the building issignificant.

5. The Historical Commission holds a

public hearing.

6. The Historical Commission determinesthat the building ispreferably preserved.

Typical Steps in a Town with aDemolition Delay Bylaw.

7. The applicant cannot demolish the building during

the delay period.

8. Alternatives to demolition areinvestigated and considered.

9. After the delay has expired,the building can be

demolished so long as all other permits needed are obtained.

2. Types of Demolition DelayBylaws in Massachusetts

_ Age_ Categorical_ List

Demolition Delay Bylaws -Age Based

Properties meeting a certain agecriteria are initially subject to reviewby the Local Historical Commission.

This type of bylaw is bestfor those towns that havenot yet comprehensivelyidentified historicresources in theircommunity.

Demolition Delay Bylaws -Categorical

With this type of bylaw, all propertiesincluded in certain categories are subjectto the demolition delay bylaw.

Categories might include inventoriedproperties, properties on the StateRegister of Historic Places or propertiespending for inclusion on the NationalRegister of Historic Places.

Demolition Delay Bylaws -List

Only Properties included on an address listmaintained by the Historical Commission aresubject to the demolition delay bylaw.

Easier for everyone to know what is subject tothe demolition delay bylaw.

Must have a comprehensive inventory ofhistoric resources in the community.

3. Demolition DelaySuccess Stories

Demolition Delay

Success Stories

Eastham, Massachusetts

Demolition Delay

Success StoriesFramingham, Massachusetts

Kendall Hotel was proposed fordemolition to accommodate a chain

drug store.

Residential buildingproposed fordemolition due to asmall subdivision.

Demolition Delay

Success Stories

Arlington,Massachusetts

Demolition Delay

Success StoriesReading,Massachusetts

Foster-Emerson HouseCirca 1710

Listed on theNational Register ofHistoric Places

Demolition Delay

Success Stories

Reading

Andover

Cambridge

Peabody

Demolition Delay

Success Stories

BrooklineLustron House - 1949

NewtonKaplan House - 1946

Demolition Delay

Success Stories

Fowler-Clark Farm, located in Mattapan

Circa 1800One of just four farmhouses that date to

between 1786 and 1806 identified in Boston.It may be the oldest of the four.

Even with demolition delay, there is no guaranteethat a buildingwill be saved.

1805 HouseDudley, Massachusetts

Other Bylaws to ConsiderLocal Historic Districts

ArchitecturalPreservation Districts

Zoning Revisions

CommunityPreservation Act

Local Historic Districts• Can guide appropriate changes and prevent inappropriate changes to structures.

• Requires a 2/3 majority vote of townmeeting or city council

Regulated by a Local HistoricDistrict Commission

Can permanently prevent the demolitionof significant structures.

Demolition Delay

Success Stories

Use the MHC SampleDemolition Delay Bylaw

This sample bylaw isbased on demolitiondelay bylaws foundthroughoutMassachusetts.