[MassHistPres] UPCOMING: EMHCC Listening Session March 24, 2026

[Dennis De Witt]

With apologies to those who have heard this before from me, but it is possible (and, yes, not always politically easy) to put teeth into demo delay.  

Over time Brookline’s demo delay law has evolved to address various issues mentioned recently.
— 18 month delay (at least on NR/NR District properties, of which Brookline has many hundreds) — 12 months otherwise.  
— Timing out of a post-delay permit to demolish, if not exercised
— Demo Delay process starts out again from the beginning with a change of ownership
— Demo by neglect — recently the sale of a row house that sat empty for 15 years was forced on an owner who could afford to pay the taxes for all that time (And yes, that happened in part because a new Building Commissioner was more willing to act than a predecessor had been.)
— Demo delay for significant public interiors
— Demo by Misadventure — e.g. the “mysterious” fire that happens in a building under demo delay.  Fortunately never tested yet.

I’d suggest looking at Brookline’s demo delay bylaw and the Preservation Commission’s related rules.  Both are on line.

Needless to say, all of this would be wiped out under the AIA’s proposed legislation.

Dennis 

PS — Possible, but missing, so far, from Brookline’s bylaw is a requirement for a certifiable effort to market the property at a fair price, during the delay period, for continued use.  


> On Mar 23, 2026, at 3:53 PM, Richard McGrath via MassHistPres <masshistpres at cs.umb.edu> wrote:
> 
> Unless there is a demo delay of 18 months or longer with strict rules, and a town manager that will allow town council to take court action when required, many applicants for demolition just wait it out. And demolition by neglect? We have lost a lot in that way. One historic home, that was in fine shape and occupied 20 years ago, was applying for demolition for a new house at that time. The Commission fought it. The house has been neglected and empty for over 15 years. The roof is falling in and will probably be torn down. The positive things a commission can do are not enough as the disappearing architectural heritage of our state shows us.
> 
> R McGrath.  Chair, LHC