[MassHistPres] MassLand Digest, Vol 9, Issue 9

Tue Nov 13 09:52:01 EST 2007

In addition, it is usual for projects funded with CPA money to require an 
easement granted to the Town to guarantee the ongoing reponsible maintenance 
in conformance with the standards.
Jim Hadley, Orleans. Chair, Historical Commission
----- Original Message ----- 
From: "Kowalski, Carol" <ckowalski at ci.reading.ma.us>
To: <massland at massland.org>
Cc: <masshistpres at cs.umb.edu>
Sent: Tuesday, November 13, 2007 9:45 AM
Subject: Re: [MassHistPres] MassLand Digest, Vol 9, Issue 9


>
> The postings about CPA funding for cemetery work in Harvard and Town
> Hall work in Grafton call for a reminder that historic preservation work
> done with CPA funds must meet the Secretary of the Interior's Standards
> for the treatment of Historic Properties.  MGL Chapter 44B, in the
> definition of "Rehabilitation" reads, "With respect to historic
> resources, rehabilitation shall have the additional meaning of work to
> comply with the Standards for Rehabilitation stated in the United States
> Secretary of the Interior's Standards for the Treatment of Historic
> Properties codified in 36 C.F.R. Part 68"
> Here are the Standards
> http://www.nps.gov/history/hps/tps/standguide/rehab/rehab_standards.htm
>
> Here is a helpful interactive section on the Guidelines from the
> National Park Service website.
> http://www.nps.gov/history/hps/rehabyes-no/index.htm
>
> The Standards and the Guidelines remove guesswork and, in my opinion,
> deflect accusations against Community Preservation Committees who are
> trying to do the right thing.
>
> Carol Kowalski AICP
> Community Services Director/Town Planner
> 16 Lowell Street
> Reading, MA 01867-2683
> (781) 942-6612
> ckowalski at ci.reading.ma.us
>
> -----Original Message-----
> From: massland-bounces at massland.org
> [mailto:massland-bounces at massland.org] On Behalf Of
> massland-request at massland.org
> Sent: Monday, November 12, 2007 9:26 PM
> To: massland at massland.org
> Subject: MassLand Digest, Vol 9, Issue 9
>
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> Today's Topics:
>
>   1. Community Preservation Act fund uses (Ken Crater)
>   2. Re: Community Preservation Act fund uses (Patrick Hughes)
>   3. Re: Community Preservation Act fund uses (Harry LaCortiglia)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 12 Nov 2007 14:15:34 -0500
> From: "Ken Crater" <ken at control.com>
> Subject: [MassLand] Community Preservation Act fund uses
> To: <massland at massland.org>
> Message-ID: <00b501c82560$663497b0$cc2d1e0c at control.com>
> Content-Type: text/plain; charset="us-ascii"
>
> Hi all,
> Although I initially hesitated to post this here, it seems like this is
> a
> topic which may well engage many of you, either currently or in the
> future,
> as open space preservation is pitted against other municipal needs.
>
> I've seen somewhere (maybe here?) information that there has been some
> evolving case law through which the permissible uses of CPA funds are
> being
> further delineated.  In light of the current state of affairs, whatever
> that
> may be, I'm wondering where the following circumstances might fit...
>
> We have an historic town hall, no longer in use as such, but still owned
> by
> the town and rented out to various businesses.  The town has been told
> that
> it will cost approx. $2.5 million to make some necessary repairs and
> bring
> it up to current accessibility standards.  Amidst this dynamic, a local
> nonprofit organization would like to gain the use of a large part of the
> structure for a children's music program.
>
> - There is great sentiment in town to retain ownership of the building
> and
> allow the nonprofit org to use it.  It's quite a wonderful building, and
> the
> program is quite a wonderful program.
> - We have this pot of money "sitting there" - CPA funds.
> - You can guess the rest.
>
> There are many "opinions" floating about town about the uses to which
> CPA
> funds can or cannot be applied.  Fixing a roof, adding an elevator,
> interior
> renovations for a specific purpose, all seem to fit on a spectrum
> between
> prohibited "maintenance" and allowable "restoration" (or perhaps
> "renovation" is the correct term).
>
> Our CPA towns will seemingly be ever tempted to stretch the envelope of
> CPA
> fund uses.  Are there any clear, bright lines available that can be used
> for
> guidance in civic discussions about priorities?
>
> I did see the following document on the Community Preservation Coalition
> website:
> http://www.communitypreservation.org/PotentialUses2.cfm#2.%20Historic%20
> Pres
> ervation
>
> It's dated 2004, and interestingly, it cites both the prohibition
> against
> maintenance use AND the allowability of adaptive reuse of historic
> structures.  If accurate, this would seem to allow many municipalities
> to
> raid CPA funds for standard municipal capital expenses, which I'm not
> sure
> was the original intent of CPA.  If a community's town hall is
> "historic",
> can CPA funds be used to replace its roof every 30 years?
>
> Ken Crater
> Grafton Land Trust
> ken at graftonland.org
>
>
>
>
> ------------------------------
>
> Message: 2
> Date: Mon, 12 Nov 2007 17:24:21 -0500
> From: "Patrick Hughes" <phughesconsult at earthlink.net>
> Subject: Re: [MassLand] Community Preservation Act fund uses
> To: "Massachusetts Land Trust Coalition maillist"
> <massland at massland.org>, massland at massland.org
> Message-ID: <380-2200711112222421468 at earthlink.net>
> Content-Type: text/plain; charset=US-ASCII
>
> Ken
>
> The best way to get  up to date info and clarifications is to call the
> CPA
> Coalition
>
> Kathy Roth 617 367 8998 is the assistant to the Executive Director and
> can
> direct you to the best source of  info.
>
> Patrick Hughes
> Ayer
>
>
>> [Original Message]
>> From: Ken Crater <ken at control.com>
>> To: <massland at massland.org>
>> Date: 11/12/2007 4:51:09 PM
>> Subject: [MassLand] Community Preservation Act fund uses
>>
>> Hi all,
>> Although I initially hesitated to post this here, it seems like this
> is a
>> topic which may well engage many of you, either currently or in the
> future,
>> as open space preservation is pitted against other municipal needs.
>>
>> I've seen somewhere (maybe here?) information that there has been some
>> evolving case law through which the permissible uses of CPA funds are
> being
>> further delineated.  In light of the current state of affairs,
> whatever
> that
>> may be, I'm wondering where the following circumstances might fit...
>>
>> We have an historic town hall, no longer in use as such, but still
> owned
> by
>> the town and rented out to various businesses.  The town has been told
> that
>> it will cost approx. $2.5 million to make some necessary repairs and
> bring
>> it up to current accessibility standards.  Amidst this dynamic, a
> local
>> nonprofit organization would like to gain the use of a large part of
> the
>> structure for a children's music program.
>>
>> - There is great sentiment in town to retain ownership of the building
> and
>> allow the nonprofit org to use it.  It's quite a wonderful building,
> and
> the
>> program is quite a wonderful program.
>> - We have this pot of money "sitting there" - CPA funds.
>> - You can guess the rest.
>>
>> There are many "opinions" floating about town about the uses to which
> CPA
>> funds can or cannot be applied.  Fixing a roof, adding an elevator,
> interior
>> renovations for a specific purpose, all seem to fit on a spectrum
> between
>> prohibited "maintenance" and allowable "restoration" (or perhaps
>> "renovation" is the correct term).
>>
>> Our CPA towns will seemingly be ever tempted to stretch the envelope
> of
> CPA
>> fund uses.  Are there any clear, bright lines available that can be
> used
> for
>> guidance in civic discussions about priorities?
>>
>> I did see the following document on the Community Preservation
> Coalition
>> website:
>>
> http://www.communitypreservation.org/PotentialUses2.cfm#2.%20Historic%20
> Pres
>> ervation
>>
>> It's dated 2004, and interestingly, it cites both the prohibition
> against
>> maintenance use AND the allowability of adaptive reuse of historic
>> structures.  If accurate, this would seem to allow many municipalities
> to
>> raid CPA funds for standard municipal capital expenses, which I'm not
> sure
>> was the original intent of CPA.  If a community's town hall is
> "historic",
>> can CPA funds be used to replace its roof every 30 years?
>>
>> Ken Crater
>> Grafton Land Trust
>> ken at graftonland.org
>>
>>
>> _______________________________________________
>> MassLand mailing list
>> MassLand at massland.org
>> http://lists.massland.org/mailman/listinfo/massland
>
>
>
>
> ------------------------------
>
> Message: 3
> Date: Mon, 12 Nov 2007 19:20:24 -0500
> From: Harry LaCortiglia <hlacortiglia at comcast.net>
> Subject: Re: [MassLand] Community Preservation Act fund uses
> To: Massachusetts Land Trust Coalition maillist
> <massland at massland.org>
> Message-ID: <4738EDC8.3010107 at comcast.net>
> Content-Type: text/plain; charset="us-ascii"
>
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> ------------------------------
>
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>
> End of MassLand Digest, Vol 9, Issue 9
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