[MassHistPres] MGL C. 59, S. 5J adoption

Chris Skelly Skelly-MHC at comcast.net
Tue Mar 20 10:02:29 EDT 2007


Here are the towns that have passed the local option property tax
assessment according to my records.  

Bedford
Chelmsford
Foxborough
Ludlow
Wellfleet

Chapter 191 of the Acts of 1996
MGL Chapter 59, Section 5J
950 CMR 72.00
*************
In 1996, legislation was passed which allows cities and towns to adopt
an ordinance or bylaw known as the Local Option Property Tax Assessment.
The purpose of this law is to provide a tax savings to historic property
homeowners that rehabilitate their property according to appropriate
historic standards.   With the local bylaw passed, the increased
assessment that results from a rehabilitation can be phased in over a
period of five years.  

Any increase in the assessed value of the property resulting from the
substantial rehabilitation would take place over five years, with the
assessment increasing 20% each year to the full assessed value.  The
work must be completed during a three year period, and the property must
be owner occupied, residential property and listed on the State Register
of Historic Places.  In order to be deemed substantial, the cost of the
rehabilitation must be no less than 25% of the structure's assessed
value.  

The act which established the special assessment program was enabling
legislation, which means that local governments must pass a bylaw or
ordinance to allow interested property owners to take part in the
program. 

While it was hoped that this bylaw would stimulate additional homeowners
to rehabilitate their property, I am not aware of any homeowners that
have taken advantage of this phased assessment increase.  I suspect that
the property tax savings are just too small.     Chris.

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Tucker, Jonathan
Sent: Monday, March 19, 2007 2:35 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] MGL C. 59, S. 5J adoption

Does anyone know which MA communities have adopted MGL C. 59, S. 5J
(preferential tax assessment for historically-appropriate renovations)
through bylaw or ordinance?  I'm looking for examples of bylaw/ordinance
language.

 

Thanks,

 

Jonathan Tucker

Planning Director

Town Hall, 4 Boltwood Ave.

Amherst, MA  01002

(413) 259-3040

(413) 256-7410 [fax]

tuckerj at amherstma.gov <mailto:tuckerj at amherstma.gov>    

 

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