[MassHistPres] Interior Preservation

[Steinitz, Michael @ SEC]

Paul, 

In Massachusetts, a permanent, perpetual deed restriction on a historically significant properity, including building exteriors and interiors, can only be conveyed as a preservation restriction that meets the requirements of M.G.L Chapter 184, sections 31-33.  Other sorts of deed restrictions can be conveyed, but they have a maximum term of 30 years, and lack all the protections come with Chapter 184.  This is not a real alternative if you are trying to protect the property and its significant features permanently.  Because holding a perpetual restriction entails the costs of regularly monitoring the property and potential enforcement costs, qualified organizations may require an endowment fee or donation as a condition of holding the restriction.  Alternatively your municipality may be willing to accept a preservation restrictions in the public interest without a fee, if the town (typically through its historical commission) is willing to take on this responsibility.  

Michael Steinitz
Director, Preservation Planning Division
Massachusetts Historical Commission
220 Morrissey Blvd, Boston MA 02125
617-727-8470, 617-727-5128 (fax)
michael.steinitz at state.ma.us
         


--- "Bourdon, Paul" <Paul.Bourdon at GTC-BIO.COM> wrote:

> We are selling (trying) our ca.1719 house in Southborough as part of our effort to save a ca.
> 1813 tavern which we dismantled last winter and were able to save 22 interior wall sections
> which included original stencilling. Our current house has original whitewash on both horzontal
> and vertical feather-edge panel and ceilings. We are placing a deed restriction on the house (if
> we ever sell it) because we can not afford the preservation restriction. Is it possible to place
> a deed restriction on an interior and how would it work?
> Paul Bourdon
> Southborough 
> 

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