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Commission discusses revising town code Chapter 124 to clarify demolition-by-neglect and minimum maintenance process

January 17, 2025 | Nantucket County, Massachusetts


This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

Commission discusses revising town code Chapter 124 to clarify demolition-by-neglect and minimum maintenance process
The Historic District Commission spent significant time on a proposed clean-up of town code Chapter 124, which currently houses a mix of subjects including demolition delay, minimum maintenance standards, and other provisions described in the existing code chapter title (signs, satellite dishes, rooflines).

Commission members and staff said the current placement and wording of the minimum-maintenance provisions are confusing. One attendee said the section is hard to find unless the reader knows the chapter and section number; others said the statutory language can be so unclear that it would be difficult for a property owner to follow or for a court to enforce if the matter advanced to Superior Court.

Under existing practice a complaint sometimes leads directly to a ticket that must be litigated in Superior Court; speakers argued that approach risks unnecessary adversarial litigation for what are often subjective or incremental conditions such as peeling paint, missing windows, or minor roof problems. Several participants proposed an administrative pathway that routes initial complaints through the HDC (or HDC staff) as a neutral first review, allowing a courtesy notice, opportunity to fix, or an application to remedy, and escalating to formal enforcement only if necessary.

Planning and commission staff told members the town code route currently provides certain enforcement teeth and can be more immediately enforceable in health-and-safety situations than zoning, but the language could be clarified so the process is fair and proportionate. Commissioners and staff discussed options such as making the HDC the first stop for review of potential violations of minimum-maintenance provisions, creating clearer language that centers weather-tightness (roof, windows, foundations) as the core standard, and pairing enforcement with outreach and potential assistance for property owners with financial hardship.

Staff noted the commission can compel specific performance under the HDC Act in some cases and that the minimum-maintenance standard does not presently authorize third-party engineers or specific remedial steps; commission members said they will work with planning staff and town counsel to develop clearer, administrable language and to consider whether any new process should be handled through the select board (town bylaw) or via the HDC’s special-act authority.

No formal motion or vote on changes to Chapter 124 was taken at the workshop.

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