[MassHistPres] Historic Restrictions

Judy Markland jmarkland at lmstrategies.com
Fri Feb 24 10:59:50 EST 2012


Harry,
If Georgetown is a member of the Community Preservation Coalition (your CPC 
members will know), they will be more than happy to talk you through many 
of the issues involved with this and send sample documents.  If Georgetown 
isn't a member, I can highly recommend joining.  The fees are minimal and 
more than offset by the reduction in necessary calls to town counsel.  Mass 
Historical Commission can answer many of the specific questions about who 
can hold the restrictions but the Coalition can also help with some of the 
CPA-specific issues, like whether a private property receiving CPA 
preservation funds needs to be open to the public occasionally so that 
there's a clear "public good" received for the expenditure.
Judy Markland

At 05:53 AM 2/24/2012, Harry LaCortiglia wrote:
>A query to the listserve members,
>
>Can anyone provide me with some information regarding Historical 
>Restrictions under MGL CH. 184?
>
>When Historic Structures are preserved using CPA funding under Ch. 44b the 
>law would seem to require a deed restriction to run with the land.
>While I'm somewhat familiar with Conservation Restrictions under this 
>chapter, ( having done a few of those ) I'm somewhat at a loss to know 
>what organizations/entities would be qualified to "hold' an Historic 
>Restriction . Would the local Historical Society (a private organization) 
>be able to do so? What's the typical endowment to such holders these days?
>
>Any info that anyone could provide to me would be helpful, as I seem to 
>have a great deal to learn about these types of Restrictions.
>
>Best,
>H. LaCortiglia
>Chair, Georgetown CPC
><http://georgetowncpc.com>http://georgetowncpc.com
>
>
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