[MassHistPres] NRHP question

[Steinitz, Michael (SEC)]

The short answer is that a privately owned property may not be individually listed in the National Register of Historic Places if the present owner objects. In considering an individual nomination for a private property not submitted by owner, MHC would require written affirmation by the owner of their support of the nomination. 

If no one has done so recently, a first step, prior to consideration of any work on a nomination, would be to request a National Register eligibility opinion from MHC staff.  If not already on file at MHC, an MHC inventory form fully completed to current standards with supplemental photo documentation may be necessary for MHC to assess the eligibility of the property.  A positive eligibility opinion would indicate the National Register criteria under which the property is eligible, and would provide guidance on the points of description and documentation that the nomination would need to address.  

I'd suggest you talk to MHC's National Register staff if you have further questions on the process/requirements of the program.

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

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Ward Hamilton at Olde Mohawk Masonry & Historic Restoration
Sent: Friday, March 23, 2012 7:12 AM
To: MassHistPres at cs.umb.edu
Subject: [MassHistPres] NRHP question

A potential client would like his ancestor's home in an Essex County
community individually listed on the National Register and wants me to
prepare the document.  Circa 1879 gothic revival farmhouse and the
original owner/builder may well satisy the person of significance
criterion.  Pretty straightforward stuff.

Here's the issue:

Since the turn of the century, the house has been owned by one family, and
the current owner "wouldn't be comfortable with someone outside of the
family" preparing the NRHP registration form.  He states that, while he
wants the property on the Register, he would like to do it himself, and
has inquired with MHC to find out how to do it.

I am currently exercising diplomacy (of course) and suggesting that we
could work on it together, owner will have input on document, etc.  In the
event that he says no to my offer, and I prepare and submit the document
to MHC, what happens, assuming that the structure is deemed eligible?  MHC
asks the owner if he consents to it being listed?  And, if he says, "Yes,
but not based on THAT document," how is that handled?

I'm thinking that the questions before MHC are right on the form:

(1) I hereby certify that this ___ nomination ___ request for
determination of eligibility meets the documentation standards for
registering properties in the National Register of Historic Places and
meets the procedural and professional requirements set forth in 36 CFR
Part 60.

(2) In my opinion, the property ___ meets ___ does not meet the National
Register Criteria.  I recommend that this property be considered
significant at the following level(s) of significance:
 __ national   __ statewide   __ local

And the final question before MHC is whether or not the owner will
consent.  If, hypothetically, this were to happen, and the owner says he
doesn't want the property listed, how would MHC handle it if he presented
his own registration form later?  Or, if he said yes, but not based on my
work?

Believe me, I want this to have a positive outcome, and if the final
product were to come from a collaboration I would be pleased.  But I'd
like to advise my potential client on what may happen if we do the work
and the owner won't consent.  Thanks for any insight.

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