[MassHistPres] Facade easments

[slater at alum.rpi.edu]

Can a façade easement be used to get a privately-owned property outside
a local historic district under the control of a historical commission?

I have done a little reading on this, and I remember that people were
sour on these a few years ago because people within historic districts
were claiming them on high-priced properties, and there was no
theoretical benefit to anyone since the properties were already
controlled.

According to an article I read, the façade value is equal to 11 to 15%
of the appraised value of the home. There are some requirements,
including an appraisal of the property and documentation of the
features.

The article I read mentioned that the easement had to be granted to a
non-profit organization in order to be tax deductible, and that there
was some rigor involved with that non-profit because they had to be
"qualified to administer" the easement.

I found some language that stated that the easement can be granted to a
governmental organization; Is that permissible in Massachusetts? If not,
and if only a 501(c)(3) corporation can be granted the restriction, can
that corporation cede control to a local historical commission?

Thanks,

Ralph Slate
Springfield, MA