[MassHistPres] MassLand Digest, Vol 9, Issue 9

Tue Nov 13 10:03:39 EST 2007

Thank you, this is important information.

This is why it's actually a problem that they have withdrawn their CP
application. Now, we don't have a legal basis to control the project.

--Jonathan

on 11/13/07 9:52 AM, James Hadley at jameswhadley at hotmail.com wrote:

> 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"
>> 
>> An HTML attachment was scrubbed...
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>> ------------------------------
>> 
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>> 
>> End of MassLand Digest, Vol 9, Issue 9
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