[MassHistPres] 40B and demo delay

[Barbara Carboni]

Ward,

Every local bylaw applies to a 40B project unless and until the ZBA expressly waives it through the hearing process (after finding that failure to waive would render the project “uneconomic.”)  This would include a demolition delay bylaw.   However, the filing of the 40B application itself cannot trigger the demolition delay.  The delay is not triggered until the building department received an application to demolish the structure (at least that’s the trigger under ours).  So, the 40B applicants can request waiver of the demolition delay bylaw along with all their other waiver requests to the ZBA. They are not entitled to preemptive triggering of the delay simply because they have filed an application with the ZBA

Barbara


Barbara Carboni AICP MCPPO
Town Planner/Land Use Counsel
Town of Truro
(508) 214-0928

From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Ward Hamilton via MassHistPres
Sent: Wednesday, January 14, 2026 12:35 PM
To: MHC MHC listserve <MassHistPres at cs.umb.edu>
Subject: [MassHistPres] 40B and demo delay

Is a 40B project still affected by a demo delay ordinance? I know that demo delay "can't" stop demolition from happening, and I understand how 40B works. But isn't demo delay triggered regardless?

In Melrose we now have a demo delay ordinance triggered by an application to demolish 51% or more of a structure built before 1900. If a contractor applied for a permit to 60% of such a building as part of a larger 40B development, would demo delay be triggered?




Ward Hamilton

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