[MassHistPres] Historic Preservation Restriction Template

Tue Jul 19 05:16:51 EDT 2011

Hello,

My 1992 edition of the Mass. Conservation Restriction Handbook from the
Secretary of Environmental Affairs includes a "sampler" text, MGL Chapt.
184, Sections 31,32,and 33 as well as an application form with substantial
guidance. Section 31 provides the basics for all types of such restrictions.
An attorney with experience in restrictions might draft a document for
submittal to MHC for comment and/or acceptance. 

Marcia Starkey
Greenfield Historical Commission

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
Sent: Monday, July 18, 2011 12:30 PM
To: MHC MHC listserve
Subject: Re: [MassHistPres] Historic Preservation Restriction Template

Chris may correct me, but my guess is that MHC might shy away from providing
such boilerplate because doing so could fall under the heading of "offering
legal advice," which I suspect MHC does not want to do.

Dennis De Witt

On Jul 18, 2011, at 11:54 AM, Tucker, Jonathan wrote:

> I was describing one particularly irritating aspect of the problem, not
offering a treatise on the full picture, complete with solutions.
> 
> I absolutely agree that the provisions of MGL 184 are a significant part
of the problem, and not only for restrictions seeking to ensure historic
preservation.  They have a similarly limiting effect on attempts to preserve
affordable housing, critical land resources, etc.  As legislation, it's just
Lincoln Logs--there's nothing that says that the MGL language itself is
perpetual.  If MHC and others were interested in making historic
preservation deed restrictions more effective, they could work to get the
legislation amended in a useful fashion.
> 
> But again, providing acceptable HPR boilerplate should not be the
responsibility of communities, private lawyers, and other interested
parties.  If MHC is the gatekeeper, determining what is acceptable and what
is not in terms of an HPR, then it is MHC's responsibility to at least take
the lead in describing how that acceptability can be achieved.
> 
> Jonathan Tucker
> Planning Director
> Amherst Planning Department
> 4 Boltwood Avenue, Town Hall
> Amherst, MA  01002
> (413) 259-3040
> tuckerj at amherstma.gov     
> 
> 
> 
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu 
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
> Sent: Monday, July 18, 2011 11:26 AM
> To: MHC MHC listserve
> Subject: Re: [MassHistPres] Historic Preservation Restriction Template
> 
> Its not as simple as that makes it sound.  In Mass. a restriction that
does not meet the standards of MCL 184 cannot be perpetual and will time
out.  Stefan Nagel, an attorney who specializes in restrictions in on this
list.  He might be able to supply some up to date boilerplate.
> 
> Dennis De Witt
> 
> 
> On Jul 18, 2011, at 11:11 AM, Tucker, Jonathan wrote:
> 
>> If MassHistoric (you mean MHC?) is indicating that the HPR template you
are using is outdated, then it seems to me incumbent upon MHC to provide a
sample HPR that is fully up to date, rather than asking each community to
thrash around on their own in the dark.
>> 
>> And said sample deed restriction should not only be up to date, but
reasonably simple and not too onerous in its restrictions for property
owners who have modest hopes of actually living in and using their
properties after the restriction is in place.  A very large part of the
difficulty Massachusetts communities experience in getting private property
owners to preserve their significant historic property is the sense that
they are signing their lives away as a result of MHC's longstanding
preserve-everything-at-all-costs approach to deed restrictions.  There
really needs to be a better balance.
>> 
>> In many if not most cases, the only thing that really preserves an
historic structure--particularly but not only older, larger historic
homes--is the ability to have a viable economic use for the property.  It's
been a very long time since we had a monied class upon whom we could rely as
a significant demographic that gave a rat's patootie about historic
preservation.  We need ways to make preservation viable for people whose
wallets are thin and whose pockets do not go down to their pants cuffs.
Innovative, flexible historic preservation deed restrictions need to be part
of that solution.     
>> 
>> Jonathan Tucker
>> Planning Director
>> Amherst Planning Department
>> 4 Boltwood Avenue, Town Hall
>> Amherst, MA  01002
>> (413) 259-3040
>> tuckerj at amherstma.gov     
>> 
>> 
>> 
>> -----Original Message-----
>> From: masshistpres-bounces at cs.umb.edu 
>> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Sarah LaValley
>> Sent: Friday, July 15, 2011 11:02 AM
>> To: masshistpres at cs.umb.edu
>> Subject: [MassHistPres] Historic Preservation Restriction Template
>> 
>> Good morning preservationists:
>> 
>> Does anyone have a recent HPR template?  We are working on a few of
these, and MassHistoric indicated that the model document we are using is
outdated.  We've had problems digging up anything more recent.
>> 
>> Thanks very much-
>> Sarah
>> 
>> Sarah I. LaValley
>> Conservation, Preservation and Land Use Planner City of Northampton 
>> Office of Planning and Development
>> 210 Main Street, Room 11
>> Northampton MA, 01060
>> Ph: 413.587.1263
>> 
>> 
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