[MassHistPres] house with preservation restriction destroyed byfire

[Mory Bahar]

The continued presence of the restriction ensures that there is some
control over the replacement building. It ensures that the new building
does not "ruin" the character of the existing historic neighborhood, and
is sensitive to the character, size and volume of the adjacent
structures. The restriction does NOT require creation of an exact
replica. Mory

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
Sent: Tuesday, August 03, 2010 6:13 PM
To: MHC MHC listserve
Subject: Re: [MassHistPres] house with preservation restriction
destroyed byfire

OK, but how does one justify preserving through a restriction an
"historic house" after the house is gone?  Restrictions and their
accompanying HSRs are, appropriately, focused on the preservation of
historic buildings.  How does one justify it when the house no longer
exists?  Even an "exact replica" wouldn't be historic and wouldn't meet
the criteria for NR listing -- what then of something that is less than
an exact replica?

Wouldn't an historic preservation restriction on an empty lot or one
containing a brand new house a total oxymoron?

And wouldn't it put preservation restrictions in a bad light?

Dennis


On Aug 3, 2010, at 5:47 PM, Mory Bahar wrote:

> Dennis,
> 
> In case of all our preservation restrictions, the restriction runs
with
> the deed and the land and thus remains in force even after the
> destruction of the building. Mory
> 
> 
> Mory Bahar
> Independent Authorized Representative
> Trust for Architectural Easements
> Office: 978-352-5615
> mbahar at architecturaltrust.org
> www.architecturaltrust.org
> 
> 
> 
> 
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
> Sent: Tuesday, August 03, 2010 2:29 PM
> To: MHC MHC listserve
> Subject: [MassHistPres] house with preservation restriction destroyed
by
> fire
> 
> Can anyone cite an example of non-LHD building that had a preservation
> restriction on it that was destroyed by fire (or by any other
> non-deliberate cause)?  
> 
> What happened after the fire re the restriction?
> 
> Dennis De Witt
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