[MassHistPres] Historic Restrictions

[Steinitz, Michael (SEC)]

Under M.G.L. Chapter 184, section 32 a preservation restriction may be held by "...any governmental body or by a charitable corporation or trust whose purposes include preservation of buildings or sites of historical significance or of a particular such building or site..."  If the historical society is a Massachusetts charitable corporation in good standing, and if it bylaws include organizational purposes as cited above, then it would qualify to hold a preservation restriction.

Under M.G.L. Chapter 184, section 32, preservation restrictions also require signature approval by the Massachusetts Historical Commission (MHC). We advise applicants for CPA funding and CPCs to check with the MHC as early as possible in the award process to confirm the qualification of the subject property for a preservation restriction under MGL Ch 184, section 31 if it will be required, and to check that the format and terms of the proposed preservation restriction agreement will be acceptable to the MHC, the latter particularly if the municipality/CPC has not already established a standard 'template' for its CPA-related preservation restrictions with MHC.


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

________________________________
From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Harry LaCortiglia
Sent: Friday, February 24, 2012 5:53 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Historic Restrictions

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

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