Egremont has more than 150 buildings and structures that are over 100 years old scattered throughout our town. Most of these buildings are privately owned and there is currently no protection to prevent the loss of our communities history through the potential demolition or substantial alteration of these buildings.

The Egremont Historical Commission is proposing a Demolition Delay Bylaw for the town of Egremont to be added as a new general bylaw. The intent of this bylaw is to provide a layer of protection for the oldest homes and structures that make Egremont the historic and vibrant rural New England town that it is. While the North and South villages are Nationally Registered Historic Districts, this designation does not offer any protection to the buildings that are privately owned within them. If adopted, this bylaw will provide the town of Egremont a window of opportunity to know if one of our historic structures might be up for demolition or be so substantially altered that it loses its historic architectural character and to advocate for preservation.

DEMOLTION DELAY IN ACTION IN SHEFFIELD

A demolition delay has been enacted on a historic 1700s barn on Rt. 41 in Sheffield. See the below article from the Berkshire Eagle about how Sheffield is using their bylaw as a way to help preserve this structure.

Demolition Delay FAQs

Who administers the demolition delay bylaw?

The Egremont Historical Commission would oversee and administer the bylaw, in conjunction with the Building Inspector. The Historical Commission is an commission made up of up to 7 members that are appointed by the Selectboard.

What triggers the bylaw?

When a property owner (applicant) submits for a Building Permit application to request a project permit for either full or partial demolition of a building or for work to the exterior of the building, the Building Inspector first determines if the building or structure may be subject to the bylaw. This initial trigger for the bylaw is if the building or structure is 100 years or older. The Building Inspector will then notify the Historical Commission and will not be able to issue a permit until the bylaw process is completed.

When buildings are subject to the bylaw?

Upon notification from the Building Inspector that a property may be subject to to the bylaw, the Historical Commission will first determine if the subject property is a Significant Structure. This is determined by the Commission considering if the building or structure is the following:

• Associated with one or more historic persons or events, or with the architectural, cultural, political economic or social history of Egremont.

• Historically or architecturally important by reason of period, style, method or building or associated with a particular architect or builder.

• Is listed on the National or State Register of Historic Places or is located within a National Register Historic District

Much of the above information is included in the towns historic inventory forms - commonly knows as “MACRIS” inventory forms (Massachusetts Cultural Resources Information System).

What will happen if the building is subject to the bylaw?

If the Historical Commission determines that the subject building or structure is a Significant Structure, the commission will hole a public hearing to meet with the applicant to review the full scope of proposed work. During this hearing, the Commission will determine if the property should be Preferable Preserved. This determination would mean that the proposed demolition or proposed work would be detrimental to the historical or architectural character of the building or to the cultural history of Egremont.

With this determination, the delay period of up to 12 months would be enacted and no Building Permit could be issued.

What happens during the delay period?

During the delay period, the applicant, the Historical Commission and potentially other Town departments would work together collaboratively to find a alternative to the proposed work or demolition of the subject building. The could be a change in the proposed plans or if the objective was total demolition, possibly assisting in seeking a person or group wiling to purchase, preserve, rehabilitate or restore the building. If a mutually agreeable solution is agreed upon during the delay period, the delay can be lifted by the Historical Commission before the end of the 12 month delay.

Can this bylaw stop an owner from demolishing or substantially altering their property?

No. Although the intended objective is to reach a mutually agreeable solution to substantial alteration or total demolition, this is only a delay. If no preservation solution is found by the end of the 12 month delay period, the Building Inspector may issue a building permit.

There are over 155 Communities with Massachusetts with a demolition delay bylaw in place.

Berkshire County towns include: Sheffield, Stockbridge, Lenox, New Marlborough, Becket, Pittsfield, Williamstown and North Adams