[MassHistPres] S.2053 A Bill to Reduce MHC's review of state projects that have an adverse effect on historic properties in MHC's Inventory

Thu Nov 3 11:59:52 EDT 2011

Let me add to Michael's post (he hit "send" about a minute before I was 
going to!)  with apologies for the length of this post...

The bill is being fast-tracked through the Massachusetts Senate and will 
severely restrict the Massachusetts Historical Commission's  regulatory 
oversight on historic properties throughout the Commonwealth.  As the 
law (Mass General Laws Chapter 9, Section 27C) now reads, MHC has the 
ability to comment, and cause the applicable state agency or private 
developer to eliminate, minimize or mitigate, adverse effects on any 
projects, if the project is listed on the State Register of Historic 
Places or, most importantly, if the property is on any town Inventory of 
historic assets.  The State Register only includes National Register 
properties and those in local historic districts, so many, many other 
locally-deemed significant properties would NOT be reviewed if this 
legislation were to go into effect.  In Lexington, for example, we have 
some 1300 properties on our Inventory; only a tiny fraction are on the 
National Register. The vast majority are located outside our local 
historic districts.  And as we all know, it is not easy or quick to set 
up local historic districts or get properties listed on the National 
Register.  Worse yet, the proposed legislation appears to have 
retroactive effect -- forever!

So, for example,under the proposed law, the MHC would not be able to 
comment, as it has done countless times, when a utility wanted to 
enlarge or reconfigure a steeple on  an inventoried church to 
accommodate a cell tower.  Or a state agency wanted to expand a road 
that would destroy the setting of a historic property.  Or a private 
developer wanted to build a housing project that would result in the 
demolition of historic resources after any applicable demo delay period 
had run.  Or a civilian airport wanted to tear down a hangar that had 
historic significance and could be repurposed.  The MHC has not always 
been effective in getting the results we would prefer, but they have 
been important allies when it's "only" local preservationists trying to 
stop big projects.  State involvement brings credibility to local action.

The legislation is the result of an unhappy developer on the south shore 
whose project was "derailed" by MHC review.  The developer wanted to 
build a large industrial facility on a property on PreservationMass's 10 
Most Endangered list a couple of years ago -- Peace Haven, a 600-acre 
site along the Taunton River in Freetown, just north of Fall River's 
city boundary, whose historic significance dates back to King Philip's 
War in 1675. Its archeological resources from this time and earlier are 
amazing and documented at the State Archives. Though no historic 
buildings are still remaining, the incredible landscape, cultural and 
archeological history make this a rare treasure in that part of the 
state.  An article from yesterday's Herald describes the situation (from 
the developer's point of view): 
http://www.heraldnews.com/newsnow/x780401655/Rodrigues-bill-targeting-Historical-Commission-clears-another-hurdle 

As noted in the Herald article, the legislation has been referred to the 
state Committee on State Administration and Regulatory Oversight, 
chaired by Lexington's Senator Ken Donnelly. And there appears to be no 
opposition to its passage.

So please consider contacting Senator Donnelly and/or your own 
legislators, and ask interested colleagues to do so as well, to voice 
your objections to this proposed bill.  You can do it by e-mail: 
http://www.malegislature.gov/Committees/Joint/J25 will get you to the 
committee, http://www.malegislature.gov/ will get you to a list of 
everyone else in the legislature, and clicking on the name will give you 
the e-mail address.  It would be helpful to note projects where the MHC 
has made a difference in preserving historic assets through their 
participation and oversight.

The text of the proposed bill is set forth below, with my red 
highlighting.  Many thanks for anything you can do to help!

Best,

Marilyn Fenollosa

  Bill S.2053

    An Act relative to certain projects referred to the Massachusetts
    historical commission for consultation

By Mr. Rodrigues, a petition (subject to Joint Rule 12) (accompanied by 
bill, Senate, No. ) of Michael J. Rodrigues, David B. Sullivan, Steven 
Howitt, Marc R. Pacheco and other members of the General Court for 
legislation relative to certain projects referred to the Massachusetts 
historical commission for consultation. Tourism, Arts and Cultural 
Development.

SECTION 1. The first paragraph of section 27C of chapter 9 of the 
General Laws, as appearing in the 2010 Official Edition, is hereby 
amended by striking out the fourth sentence and inserting in place 
thereof the following 3 sentences:- If a determination of adverse effect 
has been made on any property, site or structure listed in the state 
register of historic places, the state body undertaking the project or 
the private entity proposing the project shall adopt all prudent and 
feasible means to eliminate, minimize or mitigate the adverse effects. 
If a determination of adverse effect has been made on any property, site 
or structurenot listed in the state register of historic places, the 
state body undertaking the project or the private entity proposing the 
project shall consider, but need not adopt, the commission's 
recommendations to eliminate, minimize or mitigate any adverse effects 
the commission has determined to exist, if such recommendations are 
issued within 30 days of such determination. Under no circumstances 
shall such a state body or private entity be required to adopt the 
commission's recommendations relative to a site or structure not listed 
in the state register of historic places.

SECTION 2. This act shall apply to projects referred to the 
Massachusetts historical commission, pursuant to section 27C of chapter 
9 of the General Laws, on and after the effective date of this act. This 
act shall apply to such projects referred to said commission, pursuant 
to said section 27C of said chapter 9, before the effective date of this 
act if: (i) either a determination relative to adverse effect or the 
results of consultation or consideration following a determination of 
adverse effect is pending on the effective date of this act; (ii) said 
commission has issued recommendations to the state body undertaking the 
project or the private entity proposing the project but such 
recommendations have not yet been adopted on the effective date of this 
act; or (iii) projects for which a copy of an environmental notification 
form prepared pursuant to section 62A of chapter 30 is provided to the 
Massachusetts historical commission, or for which a project notification 
form is filed with said commission, pursuant to section 27C of chapter 9 
of the General Laws.

On 11/3/2011 11:47 AM, Steinitz, Michael (SEC) wrote:
>
> Dear MassHistPres Listserve Members:
>
> I would like to call you attention to Senate 2053.  Go 
> tohttp://www.malegislature.gov/Bills/187/Senate/S02053  to read it.
>
> Basically, the bill would reduce the Massachusetts Historical 
> Commission's review of state projects that have an adverse effect on 
> historic properties (buildings, districts and sites) that are in MHC's 
> Inventory but not yet listed in the State Register of Historic Places, 
> by permitting the project proponent to ignore MHC's recommendations 
> for preservation or mitigation.  The bill would also be retroactive to 
> any previous state project reviews that MHC has done in the past.
>
> It is presently in the Joint Committee on State Administration and 
> Regulatory Oversight.  Letters, email and phone calls in opposition to 
> the bill should be directed to the two chairmen and your local state 
> senator and rep if they are committee members.  Go to 
> http://www.malegislature.gov/Committees/Joint/J25  for contact 
> information for the chairmen and committee members.
>
> According to the Fall River Herald News, the Committee might schedule 
> a hearing for this bill as early as next week, since the formal 
> Legislative session will end in mid-November.
>
> Michael Steinitz
>
> Director
>
> Preservation Planning Division
>
> MassachusettsHistorical Commission
>
> 220 Morrissey Blvd
>
> BostonMA 02125
>
> 617-727-8470
>
> 617-727-5128 (fax)
>
> michael.steinitz at state.ma.us
>
>
>
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