[MassHistPres] house with preservation restriction destroyed byfire

[Dennis De Witt]

As noted.  In the case I'm citing, no one is claiming it is in an historic neighborhood.

On Aug 3, 2010, at 6:22 PM, Mory Bahar wrote:

> 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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