[MassHistPres] Preservation Restriction Enforcement

[Steinitz, Michael (SEC)]

Craig,

The preservation restriction agreement should spell out the owner's obligations for maintenance, the town's right to enter the property to inspect it, and the town's rights of enforcement, the latter usually in a section titled "Grantee's Remedies".   These should provide a basis for the town's legal options, should it choose to initiate an enforcement action or seek to remedy a violation of the agreement.  I'd note that the upcoming 2013 Massachusetts Preservation Conference on October 18 in Lexington will include a roundtable session that will include this topic, which should be of interest to the many towns that hold preservation restrictions:
Round Table - Preservation Restrictions: So you have negotiated your first preservation restriction agreement, one of the strongest legal protections available for historic properties and sites. What should follow? Join several experts to discuss best practices for effectively documenting, administering, and enforcing the terms of these perpetual restrictions.  See the conference website: http://www.mapreservationconference.org/ for a full listing of sessions.

Michael Steinitz

Deputy State Historic Preservation Officer

Director, Preservation Planning Division

Massachusetts Historical Commission

220 Morrissey Boulevard

Boston, Massachusetts 02125

617-727-8470

617-727-5128 (fax)

michael.steinitz at state.ma.us


From: Craig Dalton <cdalton at maritime.edu>
To: masshistpres at cs.umb.edu
Cc: franhoeg at verizon.net; mkozodoy at verizon.net; craig.dalton at verizon.net
Sent: Thursday, July 25, 2013 1:08 PM
Subject: [MassHistPres] Preservation Restriction Enforcement

Can anyone provide advice for our town on enforcing a preservation restriction on one of our town's historic structures?
The building is a previously town-owned structure now privately owned, but sold with a preservation restriction.  The current owner has been met with several times, and several letters have been written about the basic needs of the restriction and the request for proof of insurance.  These have been ignored.

The owner apparently has now run out of money, and the building is visibly decaying, somewhat dangerously so.  The building inspector has approached town counsel on what to do, but nothing has been done yet.
The public has in the recent past been inquiring as to why the building is being allowed to stay in such disrepair?
Any suggestions on actions the town can take to get work done on this building?

Craig Dalton
Kingston Historical Commission



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