[MassHistPres] Demolition Review Bylaw

[Jack LeMenager]

Krissy — Our original Demo Delay bylaw was enacted in 1996. It was subsequently amended several times, including extending the delay period from six to 12 months. The bylaw covered only those properties on the National Register of Historic Places, and the state inventory. In 2012, we sought to expand that to include all properties that date from 1945 or earlier. Town Meeting defeated that by four votes. In 2013, we came back with a new proposal to set the date at 1918. That, too, failed by four votes. 

After several public meetings, we rewrote the bylaw completely, adding the date of 1941 or earlier. Since the new bylaw took into account a lot of public input, Town Meeting passed it overwhelmingly. One important addition that people sought was our new Section 5, “Application for Preemptive Determination of Historical Significance,” which enables any property owner covered by the bylaw to seek to be excluded from the bylaw by getting the Commission to find that the property is not historically significant. That determination would stay with the property through subsequent deed transfers. That seemed to satisfy our critics. I’m attaching our bylaw here. Again, feel free to steal.

Jack

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> On Oct 14, 2025, at 9:28 AM, krissyoshea at gmail.com wrote:
> 
> Jack!
> Thank you kindly for your response. The attached letter is most helpful!
> 
> I am wondering - did it take 3 attempts to get the bylaw passed or 3 to get it amended 
> 
> 
> Thanks 
> Krissy 
> 
> Sent from my iPhone
> 
>> On Oct 14, 2025, at 9:10 AM, Jack LeMenager <jlemen11 at icloud.com> wrote:
>> 
>> Krissy — Back in 2016 when we were making our third (and finally successful) attempt to expand our Demo Delay bylaw in Winchester, we heard a lot of the same complaints. In response, I wrote a by-lined op-ed for our local newspaper. I am attaching it here. It includes counter-arguments to those complaints. Feel free to steal.
>> 
>> Jack LeMenager
>> Winchester Planning Board
>> (Formerly chair of Historical Commission)
>> 
>> <Star Op-ed_LeMenager_102716.pdf>
>> 
>> 
>> 
>>> On Oct 10, 2025, at 9:07 PM, krissy o'shea via MassHistPres <masshistpres at cs.umb.edu> wrote:
>>> 
>>> Hi All
>>> 
>>> Currently working on a proposal for a Demo Review Bylaw and the biggest opponents have continuously sited burden to property owners - delay impacts sales, infringement on property rights,
>>> 
>>> I am wondering if others have faced similar feedback and what worked in terms of a successful  response
>>> 
>>> many thanks
>>> Krissy
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>>> MassHistPres at cs.umb.edu
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>>