[MassHistPres] Historic Restrictions

Wed Feb 29 08:22:29 EST 2012

Thank you Mr. Steinitz,

Please feel free to call me Harry?

(You could get a severe case of carpal tunnel syndrome by typing my 
surname too many times...)

Allow me to take this opportunity to thank you, Jonathan, Judy, and 
Stefan (who will be getting a call from me, soon) and everyone else on 
the listserve who responded.

I truly appreciate everyone taking the time to help me out.

Now that we have established that the local Historical Commission 
shouldn't be the holder and presuming that we do wish to have a 
Restriction that will be held by an independent entity, perhaps I can 
modify my original question here to ask:

  "If the local Historical Society (a private organization ) does not 
wish to be the holder of the Historical Restriction, could MHC be the 
holder?"

Again, many thanks to all,
H.

On 2/28/2012 10:22 AM, Steinitz, Michael (SEC) wrote:
>
> Mr. LaCortiglia is correct in noting that in the case of a 
> municipally-owned property, a preservation restriction may not be held 
> by the local historical commission (a municipal body) or any other 
> municipal entity, since the owner cannot hold a preservation 
> restriction on itself.  The same holds true for conservation 
> restrictions and conservation commissions.  The municipality must 
> convey the preservation restriction to a qualified outside holder.
>
> Michael Steinitz
>
> Director
>
> Preservation Planning Division
>
> MassachusettsHistorical Commission
>
> 220 Morrissey Blvd
>
> BostonMA 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 *Tucker, Jonathan
> *Sent:* Tuesday, February 28, 2012 10:10 AM
> *To:* 'Harry LaCortiglia'
> *Cc:* masshistpres at cs.umb.edu
> *Subject:* Re: [MassHistPres] Historic Restrictions
>
> I think the answer to your question is in the potential dilemma you 
> cited.  In most towns, control over the management (though usually not 
> the disposition) of town property is in the hands of the town manager, 
> town council president, mayor, etc., folks who are indeed vulnerable 
> (and sometimes the source of) politically-motivated proposals to do 
> something inappropriate with town property preserved for specific 
> purposes.
>
> Having conservation easements instead held by the conservation 
> commission and historic preservation easements held by the historical 
> commission, and so forth, puts the easements into the hands of those 
> charged under state law with responsibility for overseeing the public 
> purposes for which the easements were acquired and are held.   There's 
> nothing wrong with assuming---even counting on---the fact that those 
> folks may have to fight with other arms of local government to ensure 
> the protection of those interests.
>
> */Jonathan Tucker/*
>
> Planning Director
>
> AmherstPlanning 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:* Tuesday, February 28, 2012 5:49 AM
> *To:* Tucker, Jonathan
> *Cc:* masshistpres at cs.umb.edu
> *Subject:* Re: [MassHistPres] Historic Restrictions
>
> 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 <mailto: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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