Efforts begin to rebuild historic demolition code

KENT — Part of what makes New England villages so interesting is their old buildings. Part of what keeps New England villages vital is the opportunity to update, upgrade and even replace those old buildings.Certainly, old buildings can be (and are) demolished in towns such as Kent. But anytime a historic structure or site is slated to be taken down, a demolition permit must be granted. The Kent Historical Society called a meeting March 22 (at the Fife ’n Drum restaurant) to discuss the Historic Building Code Delay Ordinance, which could get an update and revision. About 25 people attended.Kent Historical Society Director Margaret Smith explained at the meeting that, “The mission of the Historical Society is to preserve Kent’s history, the houses and the barns that play a large part in giving the town its small-town New England rural feeling and appearance. “That’s what draws most people here, residents and tourists alike. With each loss of one of those structures the ambiance is diminished.”The ordinance now in place delays property owners from taking down a historic structure.“One reason this ordinance is valuable,” she said, “is you don’t know what you’ve got until it’s gone.”As the ordinance is written now, anyone who wants to take down a building, structure or part thereof that is 300 square feet (plus or minus) or larger and is more than 100 years old must apply for a demolition permit. The permit is published in a newspaper. If there are no public objections within 15 days, the permit is issued. If there is an objection, the building official must delay issuance of the permit for 90 days.Attorney William Manasse said, “I represented a client who tore down a 340-square-foot part of his building. There were complaints about that. It ended up costing people a lot of money. In the end it was resolved and a demolition permit was issued retroactively.”The ordinance does not prevent demolition, he noted. It is a delaying ordinance.Several people raised technical points. If someone is dismantling a building to rebuild it at a different location, is that the same as demolition requiring a permit? If someone is tearing down a building or part thereof, for safety reasons, in order to rebuild it to look exactly the way it did prior to tearing it down, is that demolition?First Selectman Bruce Adams said, “What ever is done with this ordinance, it should be kept simple and straightforward.”Manassee noted that “there is very little enforcement of the ordinance and it’s usually not worth it to go to court.”There appeared to be widespread belief among those present that the ordinance is not being enforced and that some of the language is vague.

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