[MassHistPres] Accessing these documents-->Historic Preservation Restriction Template
Lee Wright
lee at leewright.net
Mon Jul 18 20:21:57 EDT 2011
If you tried the links Michael helpfully supplied below and received error messages, you can now find both documents online:
http://www.scribd.com/doc/60290287/Protecting-Community-Preservation-Assets-With-Deed-Restrictions
http://www.scribd.com/doc/60290611/Evaluating-Historic-Significance
These documents can be viewed and searched online, downloaded, printed, and, if you wish, embedded on your own site (just as you embed YouTube videos). Other documents that have been shared on the MassHistPres list and posted online have been viewed more than 8,000 times, which is a reminder that there is interest in our efforts beyond those who subscribe to this list.
Best regards--
Lee Wright | Marlborough | Lee at HistoricMarlborough.org
Begin forwarded message:
> From: "Steinitz, Michael (SEC)" <michael.steinitz at state.ma.us>
> Date: July 18, 2011 4:43:06 PM EDT
> To: "Tucker, Jonathan" <TuckerJ at amherstma.gov>, "Sarah LaValley" <slavalley at northamptonma.gov>
> Cc: MHC MHC listserve <masshistpres at cs.umb.edu>
> Subject: Re: [MassHistPres] Historic Preservation Restriction Template
>
> 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
>
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