[MassHistPres] Historic Restrictions
Marcia Starkey
mdstarkey at crocker.com
Wed Feb 29 16:15:52 EST 2012
If the Town sold the property with a condition that it convey a restriction
to it or another party, would that be a solution?
Marcia Starkey
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Steinitz, Michael
(SEC)
Sent: Tuesday, February 28, 2012 12:47 PM
To: 'Tucker, Jonathan'; 'Harry LaCortiglia'
Cc: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Historic Restrictions
MGL Chapter 184, section 32 states:
"Such conservation, preservation, agricultural preservation, watershed
preservation and affordable housing restrictions are interests in land and
may be acquired by any governmental body or such charitable corporation or
trust which has power to acquire interest in the land, in the same manner as
it may acquire other interests in land."
How can a municipality (or any other property owner) acquire an interest in
land that it already owns?
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: Tucker, Jonathan [mailto:TuckerJ at amherstma.gov]
Sent: Tuesday, February 28, 2012 10:42 AM
To: Steinitz, Michael @ SEC; 'Harry LaCortiglia'
Cc: masshistpres at cs.umb.edu
Subject: RE: [MassHistPres] Historic Restrictions
Is that in MGL, CMR, or a result of case law?
Jonathan Tucker
Planning Director
Amherst Planning Department
4 Boltwood Avenue, Town Hall
Amherst, MA 01002
(413) 259-3040
tuckerj at amherstma.gov
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Steinitz, Michael
(SEC)
Sent: Tuesday, February 28, 2012 10:23 AM
To: 'Harry LaCortiglia'
Cc: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Historic Restrictions
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
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 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
Amherst Planning Department
4 Boltwood Avenue, Town Hall
Amherst, MA 01002
(413) 259-3040
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
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
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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