[MassHistPres] Historic Restrictions

Thu Mar 1 10:08:05 EST 2012

Hi Marcia,

Perhaps it could be a solution under a different set of circumstances, 
but in this particular case it's not desirous to sell the property.

(by the way... I believe that if a town ever wanted to do such a thing, 
for a bunch of reasons they would probably be better off if they 
conveyed the restriction _prior_ to selling the property... )

Best,
H
On 2/29/2012 4:15 PM, Marcia Starkey wrote:
>
> 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 <mailto: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 <mailto: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 <mailto: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 <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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