[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 15:01:41 EDT 2011

Attached is the link to the New Bedford Standard Times Editorial on this
subject:

http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20111103/OPINI
ON/111030314

Anne Louro

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of mfenollosa
Sent: Thursday, November 03, 2011 12:00 PM
To: masshistpres at cs.umb.edu
Subject: Re: [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

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-Hi
storical-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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