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OHDC Town Meeting Letter FINAL

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OHDC Town Meeting Letter FINAL Old and Historic Marblehead Districts Commission c/o Engineering Department Mary Alley Municipal Building, 7 Widger Road Marblehead, Massachusetts 01945 Tel: (781) 631-1529 Fax: (781) 631-2617 At the May 3, 2021 Town Meeting, the Old & Historic Districts Commission (OHDC) will be asking for your support on two articles: Article 33, adopting a Demolition by Neglect bylaw for the historic districts, and Article 34, correcting some contradictory language in the current bylaws governing the OHDC. In Marblehead we are blessed with one of the most unique historic districts in the nation. With the largest, single collection of pre-revolution homes in the country, Marblehead’s historic districts extend from Waldron Street to Fort Sewall to Barnegat and Gingerbread Hill. They are home to pre-war mansions like the Jeremiah Lee Mansion and the King Hooper Mansion, the beautiful homes of Elbridge Gerry and General Glover, as well as the simpler homes of fishermen, shipbuilders and cordwainers that are scattered throughout the districts. In 1967, recognizing the importance of these buildings and their collective value to Marblehead and the nation, the town voted to establish the Old & Historic Districts, and to oversee their preservation, the Old & Historic Districts Commission. Over the years, as in many other historic districts across the nation, the OHDC has worked with property owners to preserve the unique historical character of their homes and communities while charting ways to accommodate modern living. Occasionally, historic districts have encountered developers and owners who attempt to destroy a historic home by intentionally neglecting it to clear the way for a vacant site or a new home. Recently, a single historic home in Marblehead was demolished due to neglect, but the risk is unmistakably on the rise. A historic home is an authentic original, and that originality cannot be replicated. The OHDC, seeking to raise awareness of this jeopardy and institute protections against it, are asking for the community to support the adoption of a Demolition By Neglect bylaw. Demolition by Neglect refers to the practice of intentionally allowing a building to deteriorate to the point that it must be demolished because its restoration is impractical. The practice has been used by developers and property owners as a means of sidestepping historic preservation laws by providing justification for the demolition of historical buildings which are then replaced with brand new buildings or developments. To combat Demolition by Neglect, more than 150 communities in Massachusetts (ex. Concord, Lexington, Ipswich, and others), and many elsewhere across the country, have adopted Demolition by Neglect bylaws. With a common purpose and language, these bylaws give towns rights to protect their community’s treasured historic heritage by stepping in to save unoccupied, historically-protected buildings that are being intentionally neglected for ulterior motives. Through its duties, the OHDC collaborates with property owners to maintain and update their homes while preserving the historical character. However, what happens when a building is in danger of falling down and the property owner makes no attempt to save it, effectively Old and Historic Marblehead Districts Commission c/o Engineering Department Mary Alley Municipal Building, 7 Widger Road Marblehead, Massachusetts 01945 Tel: (781) 631-1529 Fax: (781) 631-2617 ensuring its destruction? The Demolition by Neglect bylaw proposed by the OHDC, Article 33 on the Town Meeting Warrant, would establish a process for this dire situation that, should all attempts to collaborate with a property owner fail, the Town could issue orders to minimally stabilize the building to prevent its destruction. Should the property owner feel aggrieved of these orders, they can appeal to the Board of Selectmen. This is for a worst-case scenario where there is an existential threat to the building and a property owner with an ulterior motive. Demolition by Neglect does not apply to general disrepair or to cases where the property owner is engaged in good faith efforts with the OHDC and/or Building Inspector. The OHDC also asks for your support of a second article, Article 34, simply seeks to eliminate some contradictory language between two sections of the OHDC bylaws. This amendment has no impact on the Commission’s purview or guidelines. The Commission will be holding a special Zoom meeting on Tuesday April 27th at 7pm to answer any questions that you may have about either of these articles. You are invited to join the Zoom meeting by following this link: https://zoom.us/j/92981518749?pwd=NGFFbEQyVXJFSlBGWGphdWdOVlcyZz09. You can also find this link, and additional information, on the OHDC’s pages on the town’s website at https://www.marblehead.org/old-historic-districts-commission. We thank you for your ongoing support of the town’s efforts to preserve our uniquely historical community. Marblehead Old & Historic Districts Commission Charles Hibbard, Chairman Gary Amberik, Secretary Bob Bragdon Sally Sands .
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