[MassHistPres] Historic Restrictions

[Harry LaCortiglia]

Hi Jonathan,

Something that always made me shake my head (sorry if the rattle is 
noisy...).

How can a municipality that owns a property also be the holder of a 
restriction?

For example, if Anytown owns a parcel of land, managed and controlled by 
the Anytown Conservation Commission, how can the Anytown Conservation 
Commission be the holder of the restriction, as well?

If that were privately held land wouldn't the equivalent situation be 
considered a merger of interests?

Best,
H.






On 2/27/2012 11:30 AM, Tucker, Jonathan wrote:
>
> I appreciate the clarification.  Is there a reason that the School 
> Department could not continue to manage the school  building (is it 
> being decommissioned?), while the Historical Commission holds the 
> preservation restriction on behalf of the community?
>
> It's not a happy state of affairs if you don't trust your own Town 
> government to hold a preservation restriction.  Does it help that such 
> a restriction is bound under the provisions of Article 97?  You can 
> always loudly and regularly advertise the limits of the 
> restriction---leaving hard copy evidence stapled to everyone's 
> foreheads, including with the media and public through a press 
> release---and then call MHC for help if local politicos start playing 
> fast and loose with the property.
>
> Good luck,
>
> */Jonathan Tucker/*
>
> Planning Director
>
> Amherst Planning Department
>
> 4 Boltwood Avenue, Town Hall
>
> Amherst, MA  01002
>
> (413) 259-3040
>
> tuckerj at amherstma.gov <mailto:tuckerj at amherstma.gov>
>
> *From:*Harry LaCortiglia [mailto:hlacortiglia at comcast.net]
> *Sent:* Saturday, February 25, 2012 7:03 AM
> *To:* Tucker, Jonathan
> *Cc:* masshistpres at cs.umb.edu
> *Subject:* Re: [MassHistPres] Historic Restrictions
>
> Hi Jonathan,
>
> Would that it would be so easy.....
>
> In this situation there will be no "real property interest" gained by 
> the Town since the property is already municipally owned. It's also 
> highly unlikely that the local Historical Commission would want to 
> manage the property. It's a school. (In a decidedly Historic Building 
> managed by the School Dept.)
>
> I'm looking to find a 'holder" for a restriction that would be 
> separate and insulated from the Town government and any potential 
> politics that may someday arise in the future.
>
> My apologies for not providing these details in the original posting. 
> (I was asking it on a Friday, after all...)
>
> Best,
> H.
>
>
> On 2/24/2012 12:07 PM, Tucker, Jonathan wrote:
>
> MGL Chapter 40, Section 8d, last sentence:
>
> . . . Said [historical] commission may acquire in the name of the city 
> or town by gift, purchase, grant, bequest, devise, lease or otherwise 
> the fee or lesser interest in real or personal property of significant 
> historical value and may manage the same.
>
> */Jonathan Tucker/*
>
> Planning Director
>
> Amherst Planning Department
>
> 4 Boltwood Avenue, Town Hall
>
> Amherst, MA  01002
>
> (413) 259-3040
>
> tuckerj at amherstma.gov <mailto:tuckerj at amherstma.gov>
>
> *From:*masshistpres-bounces at cs.umb.edu 
> <mailto: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 <mailto: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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