[MassHistPres] Interior Preservation

[William G. Constable]

Paul  --  As always, good advice from MHC.  M.G.L Chapter 184, sections
31-33 is surely the best way to go.  
	If time, finances, or negotiated terms for some reason preclude
the MHC approval process set forth in Section 32, however, one can
create a restriction, either by affirmative grant or reservation in a
deed of the property to someone else, which is not necessarily limited
to thirty years.  The thirty year limitation is imposed by M.G.L Chapter
184, section 27, which says most restrictions are not enforceable after
thirty years UNLESS the holder of the restriction files at the relevant
Registry of Deeds a statutory notice (which needs to be signed only by
the holder) extending the restriction for a term not to exceed twenty
years.  Successive terms of twenty years may be created by similar
filings.
	While none of us should count on remembering a need to file
something thirty (or even twenty) years from now, there may be
occasions, perhaps such as Paul's, where taking that chance is worth the
effort.  My organization holds several such restrictions (mostly
relating to private site plan approvals, but a few relating to
architecture and building appearance).  About a dozen years ago, we
actually extended a bunch of restrictions that had been granted in 1966
as part of a landmark "conservation subdivision".  (1966 was before
there were Section 31 - 33 permanent restrictions, by the way.)
	So, use MHC - approved historic preservation restrictions
whenever possible, but do not despair if you must seek a second best
solution.

Buzz Constable

William G. Constable, President
Lincoln Land Conservation Trust
P.O. Box 6022
Lincoln, MA  01773
Tel #781-259-0199
Fax #781-259-3510
 

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Steinitz, Michael
@ SEC
Sent: Wednesday, July 05, 2006 12:12 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Interior Preservation


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
>