AMHERST — Developers who intended to raze two historic homes near Kendrick Park to make way for downtown Amherst’s first new office building in 30 years never pursued the project after a yearlong demolition delay was imposed on the properties in early 2016.
Nearby, a former auto garage on East Pleasant Street, converted into a restaurant space, remains standing, rather than being torn down so a mixed-use building could be constructed.
These anti-development outcomes may not have been the intent of the town’s previous demolition delay bylaw, At-Large Councilor Andy Steinberg told his colleagues late last month before the Town Council adopted a new general bylaw to protect historic buildings, but property owners should have better options when a demolition delay is enacted.
Even so, under the new bylaw, Steinberg worries that a single individual, outside a public meeting, could make a momentous decision about a property for which there is no means to appeal.
“I don’t think we are really granting due process to the public and we are not granting due process to the people who are trying to move forward with doing something with the building they own,” Steinberg said.
More than six years after the Historical Commission held up demolition of homes at 236 North Pleasant St. and 12 Hallock St. that remain standing after plans for a four-story office building to replace them fell through, and the former auto repair shop at 51 East Pleasant St. has been converted into Garcia’s restaurant, the existing zoning bylaw “Demolition Delay for Structures of Historical or Architectural Significance” was unanimously rescinded by the Town Council on June 18.
In place of Article 13, councilors voted 11-1, with District 2 Councilor Pat DeAngelis voting against and District 3 Councilor Dorothy Pam abstaining, to adopt the new general bylaw “Preservation of Historically Significant Buildings.”
Planning Department staff members have been working on the new bylaw for the past two years, aiming to reduce some of the burden that has fallen on the Historical Commission, which has been inundated with applications for tearing down or doing work on buildings that are at least 50 years old.
Under the previous bylaw, the building commissioner was required to notify the Historical Commission whenever an applicant pulled a demolition permit for a building over 50 years old, and a yearlong demolition delay could be imposed.
The new bylaw’s scope is more limited in that only buildings or structures that are 75 years are covered, and it gives the Historical Commission discretion to appoint a designee or designees to determine if a building is significant, and whether a public meeting is needed.
The full commission will hold a hearing on a demolition and notify abutters within 300 feet only when a building is deemed significant.
Planner Ben Breger said the new bylaw gives the commission more flexibility and allows others to handle the work. “The whole point of this was to streamline easy applications that we think won’t be that controversial,” Breger said.
Planning Director Christine Brestrup said whenever a decision is made by the commission’s designee or designees, a report would be given to the person chairing the Historical Commission, who would apprise other members of these decisions. Should members of the commission find the process not working, they would be able to amend the rules and regulations, Brestrup said.
“We don’t really feel that is a problem at this point, but we do want to offer the option of reporting this out on a regular basis how are they making this decision,” Brestrup said.
While Steinberg’s concern about the revised bylaw focused on the impact on applicants, District 3 Councilor Jennifer Taub said she would like to see the community be made aware of any decisions related to historic buildings immediately, especially since these will happen outside a meeting. Residents who might be opposed to a demolition could otherwise be unaware a decision might already have been made.
Breger wasn’t sure there was a way to satisfy all worries about the bylaw. “The only instance where something would be demolished without a public hearing is if it’s not found to be significant by the designee,” Breger said.