103 River Street CCC Permit Revokation 2020ers, Grayce
From: Jonathon Idman <jidman@capecodcommission.org>
Sent: Tuesday, September 15, 2020 1:56 PM
To: Sarah Korjeff; Greene, Karen
Cc: Grylls, Mark; Rogers, Grayce
Subject: RE: FYI
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Hi Karen,
I spoke to Sarah about this, and thank you for bringing this to our attention. We recognize that an honest mistake was
made under difficult circumstances that are affecting us all, with particular challenges for local governments.
The local demolition permit should be revoked and the proposal should be referred to the CCC as a Development of
Regional Impact (DRI). A proposed full demolition of any contributing structure in a National Register District, such as
the subject building, is a categorical DRI and as such there is no discretion a local board or official has not to refer such a
matter to the CCC for DRI review. DRI review and approval is required as a condition precedent to the issuance of the
local demolition permit because of the building's National Register status.
I understand that there may be genuine issues about what original building materials remain and the overall condition of
the building. These are issues the CCC would study and consider during its DRI review of the proposed full demolition.
If less than full demolition were proposed, the local commission would have some discretion to determine whether
proposed alteration to the building required referral to the CCC as a "Substantial Alteration," which is basically defined
in CCC regulations as changes to a structure that might jeopardize its continued listing in or contributing status to a
National Register District, e.g. changes to the character defining features of a building. Sarah is always happy and
available to consult in such matters.
As an alternative to referring the proposal to the CCC forthwith, the permit for full demolition could be revoked, the
applicant could withdraw its NOI for full demolition, and the applicant could instead submit an NOI proposing less than
full demolition. The local commission, in consultation with Sarah, could consider whether or not the alternative
proposal constitutes a "Substantial Alteration," requiring referral to the CCC. To avoid the requirement for DRI review,
the general design goal in this case would be to preserve in the proposed construction original materials, features and
the form of the most historically significant parts of the building. Sarah can provide more detail.
Relative to the NOI submitted and demolition permit issued to date, and as you may already know, relevant provisions
from Chapter 53 of the Acts of 2020 (which deals with Covid-19 and its effects on state and local governmental
operations in Massachusetts) provide some relief to regulatory officials, boards and commissions in the Commonwealth
from the otherwise applicable review and decision periods during the pendency of Gov. Baker's emergency declaration
re: the pandemic.
Kind regards,
Jonathon Idman
Chief Regulatory Officer
Cape Cod Commission
3225 Main Street, P.O. Box 226
Barnstable, Massachusetts 02630
508/ 744-1260
From: Greene, Karen <KGreene@yarmouth.ma.us>
Sent: Tuesday, September 15, 2020 11:33 AM
To: Sarah Korjeff<skorieff2capecodcommission.org>
Cc: Rogers, Grayce <GRo eg rsPyarmouth.ma.us>; Grylls, Mark <mgrylls( yarmouth.ma.us>
Subject: FYI
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HI Sarah
Here is the memo from the YHC regarding 103 River Street. It's my understanding that the demolition permit has been
issued. Please advise how we should proceed.
Thanks,
Karen
Karen M. Greene, Director of Community Development
Town of Yarmouth
kgreene(c@yarmouth.ma.us
508-398-2231 x1278
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