[MassHistPres] municipal building sale

[Steinitz, Michael @ SEC]

Although LHCs are empowered to acquire interest in property, the
municipality can't convey restrictions to the local historical
commission (an agent of municipal government) prior to sale, as this in
effect would be granting restrictions to itself. 

Common practice in the case of a sale of a historically significant
municipal property is for the RFP and purchase and sale agreement to
stipulate that at the time of transfer of the property, the municipality
will retain a perpetual (MGL Chapter 184) preservation restriction on
the property, to be administered by the local historical commission.
The new owner conveys the restrictions back to the town/lhc immediately
following closing.  The RFP should include a well developed draft of the
restriction, with review and preliminary approval (signature approval
will be needed as a statutory requirement) by the Massachusetts
Historical Commission before the RFP is issued.  

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 Tucker, Jonathan
Sent: Monday, April 28, 2008 3:11 PM
To: Marcia Starkey; MassHistPres
Subject: Re: [MassHistPres] municipal building sale

Rather than trying to do it through the RFP process, is there a reason
why the Town of Greenfield wouldn't simply transfer a historic
preservation deed restriction to the Greenfield Historical Commission
that provides all the future protections you think you need?  

"Said commission may acquire in the name of the city or town by gift,
purchase, grant, bequest, devise, lease or otherwise the fee or lesser
interest in real or personal property of significant historical value
and may manage the same."   [MGL Ch. 40, Sec. 8D]

Transfer the deed restriction first, then sell the property.

Jonathan Tucker
Planning Director
Town Hall, 4 Boltwood Ave.
Amherst, MA  01002
(413) 259-3040
(413) 259-2410 [fax]
tuckerj at amherstma.gov    
 

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Marcia Starkey
Sent: Monday, April 28, 2008 11:56 AM
To: MassHistPres
Subject: [MassHistPres] municipal building sale

Hello,

The Town of Greenfield has announced that it will sell municipal
properties in the near future. This includes a 1909 former elementary
school of brick with projecting central bay, quoined corners, hipped
roof and recessed arched Richardsonian entrance with terra cotta
capitals. Since 1985 the original windows have been replaced with
aluminum sash.

We are looking for towns that have successfully used an RFP process to
help insure that future owners and uses respect building and site
character.

Thank you,
Marcia Starkey, GHC    

 

 

    
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