[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 13:22:01 EDT 2011

Thanks to both of you for this.
James W Hadley
Chair, Orleans Historical Commission

Sent from my iPad

On Nov 3, 2011, at 11:59 AM, mfenollosa <mmt.fenollosa at verizon.net> wrote:

> 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 structure not 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 to http://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
>> 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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