[MassHistPres] Historical Commission Authority

[Sarah Korjeff]

Terry,
Generally the group that can enforce a preservation restriction is either
the entity that holds the preservation restriction or one that is
specifically named in the restriction.  If you are writing a PR now, I
believe you can name the town's historical commission or a specific historic
district commission as the enforcement agency as long as the entity holding
the preservation restriction is willing to accept that.  The problem with a
town-owned building is that you need a non-town entity to hold the
restriction -- like a non-profit historical society or other non-profit
preservation group -- but there's nothing to prevent their working in
cooperation with another historical group on enforcement issues.

Sarah Korjeff
Preservation Specialist
Cape Cod Commission


On 4/1/2008 12:00 PM, "Wilmington Town Museum"
<htavern at townofwilmingtonma.com> wrote:

> 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.
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