[MassHistPres] Historic Preservation Restriction Template

[Steinitz, Michael (SEC)]

Sarah, Jonathan, et al.

The Massachusetts Historical Commission works very closely with property
owners, restriction holders and their legal counsels under its statutory
approval authority for perpetual preservation restrictions (PRs) under
MGL Chapter 184, section 32.  While MHC does not require that agreements
follow a completely set, standardized boilerplate, as has been noted,
our current practice is to provide samples of recently approved
restriction agreements as guidance, where possible for similar sorts of
properties, that include the terms and sorts supporting documentation
that MHC expects to see incorporated. [Sarah we *will* send you some
samples.]   Once municipalities or non-profit easement holding
organizations (and their legal counsels) have established a format with
MHC, that becomes the general template for future agreements for that
town or organization.  This has worked well for example with a number of
towns that require PRs as a condition of Community Preservation Act
grants.  That said, often there are case specific issues.  Generally
speaking, MHC's interests are that the significant historic,
architectural or archaeological qualities of qualified properties are
adequately defined and protected, and that the agreement is one that may
be properly administered, and if needed, enforced into the future, under
the Massachusetts statute and in the public interest in the protection
of significant historic properties and sites.  

The Community Preservation Act does currently generate the majority of
preservation restrictions we see, and I've talked at a number of
Community Preservation Coalition conferences on different aspects of
PRs.  A PowerPoint presentation and a pdf from another session are
available on the Community Preservation Coalition web site.  Some might
find these helpful:  

http://www.communitypreservation.org/Protecting CPA Assets with Deed
Restrictions - Michael Steinitz (NXPowerLite).ppt 

http://www.communitypreservation.org/Evaluating%20Historic%20Significanc
e.pdf
 
Best,

Michael    

Michael Steinitz
Director 
Preservation Planning Division
Massachusetts Historical Commission
220 Morrissey Blvd
Boston MA 02125
617-727-8470
617-727-5128 (fax)
michael.steinitz at state.ma.us