[MassHistPres] Historical Commission Authority

[Steinitz, Michael @ SEC]

 Terry,

The town can sell the property into private ownership under the
condition that at closing the new owner will immediately convey a
preservation restriction back to the town that the town will hold.  This
is common practice when towns sell significant historic properties into
private ownership; an rfp seeking bids should include the presevation
restriction requirement and at least a draft copy of the restriction
agreement. The agreement can (and should!) designate the local
historical commission as the agent of town government responsible for
administration and enforcement of the preservation restriction.  While
local historical commissions are themselves empowered to acquire
interest in real property, best practice is for both the selectmen and
historical commission to sign, approve and accept the agreement for the
town.  Such agreements must also have the signature approval of the
Massachusetts Historical Commission under M.G.L. Chapter 184, section
32.  The restrictions will be binding on the new and all future owners
of the property. 

Michael Steinitz
Director
Preservation Planning Division
Massachusetts Historical Commission
220 Morrissey Boulevard
Boston, MA 02144
617-727-8470
617-727-5128 (fax)
michael.steinitz at state.ma.us
 

-----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.
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