[MassHistPres] Historical Commission Authority

[Chris Skelly]

Terry, 

For questions regarding preservation restrictions, you should contact
Michael Steinitz, Preservation Planning Director at the Massachusetts
Historical Commission.  

The establishment of a local historic district through MGL Chapter 40C
is entirely separate from whether a preservation restriction is placed
on the property.  

There are no state historic districts - just national register districts
and local historic districts.  
This brochure from our website should help clear this up for you.
http://www.sec.state.ma.us/mhc/mhcpdf/difference.pdf

Local Historic Districts are established through town meeting or city
council vote and can consist of single property local historic
districts.  

Chris.

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
Boston Office
220 Morrissey Boulevard, Boston, MA 02125
Ph: (617) 727-8470 / Fax: (617) 727-5128
Christopher.Skelly at state.ma.us
http://www.sec.state.ma.us/mhc/mhcidx.htm
*******Stay Informed on Historic Preservation Topics by joining the
MassHistPres Email List. Visit
http://mailman.cs.umb.edu/mailman/listinfo/masshistpres for more
information. ******MHC offers regional training workshops to local
historical commissions and historic district commission members on a
variety of topics.  For additional information, please contact me about
the MHC On the Road program.*******  
 

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Wilmington Town
Museum
Sent: Tuesday, April 01, 2008 12:00 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Historical Commission Authority

I have a question about the authority of local historical commissions.  

The town of Wilmington has an Historical Commission - formed in 1973
under MA General Laws Chapter 40, Section 8D - but not an Historic
District Commission or any MA Historic Districts (although we do have
National Register Historic Districts, but it is my understanding that
there are no restrictions placed by anyone on a property so designated).

The question is - if a specific historic building had preservation
restrictions placed upon it by the town - the property in question is
currently owned by the town, but could perhaps be sold into private
ownership in the future - could the local Historic District have the
power to enforce such restrictions if such a power was delegated to it
by the town?  Or would the building need to be deemed a state historic
district (I believe I read here that one building can be termed a
district) and an historic district commission established to oversee it?


Any insight is appreciated.  Thank you!

Terry McDermott
___________________________________________

Curator
Wilmington Town Museum at the
Col. Joshua Harnden Tavern, c.1770
430 Salem Street
Wilmington, MA  01887
978.658.5475
htavern at townofwilmingtonma.com
http://www.town.wilmington.ma.us/old/hist.htm

The Wilmington Historical Commission can also be reached at the above
addresses and phone number.
******************************
For administrative questions regarding this list, please contact
Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO THE
WHOLE LIST.  
MassHistPres mailing list
MassHistPres at cs.umb.edu
http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
********************************