[MassHistPres] Preservation Restrictions for town-owned historic properties funded with CPA

[Lgieselincoln]

The Town of Lincoln holds a preservation restriction agreement on two historic properties, which however are privately owned,   The documents state that the agreement is by and between the owners (Grantors) and the town of Lincoln, "a municipality acting by and through the Lincoln Historical Commission" (Grantee).
Lucretia  Giese
Chair, Lincoln Historical Commission   


-----Original Message-----
From: Diane Gilbert <d.m.gilbert at comcast.net>
To: Untitled <masshistpres at cs.umb.edu>
Sent: Thu, Nov 7, 2013 8:03 am
Subject: [MassHistPres] Preservation Restrictions for town-owned historic properties funded with CPA


Greetings All,

Has anyone ever encountered the following situation?

1) publicly-owned historic property;  2) the recipient of CPA funds; 3) CPC with approval by Town Meeting has stipulated that a HPR in perpetuity was necessary to protect the Town’s interests and investment; and 4) town counsel intervened to express an opinion that a single, albeit qualified and authorized, non-profit entity [grantee] cannot both hold and monitor the preservation restriction for the Town [grantor]?  The non-profit entity happens to be the Dartmouth Heritage Preservation Trust [DHPT].

This is the first that I’ve ever heard of a a proposal that would grant the responsibilities of a PR [to have and to hold and monitor] to two different entities, one to hold and the other to monitor.  PRs can be very complicated and there’s also the matter of the endowment and enforcement. 

Apparently there is case law that supports town counsel’s position.   The Community Preservation Coalition typically defers to the local town counsels on any decisions made at the local level.  This one seems to be an over-reach, doesn’t make any sense to me as a non-lawyer, and begs the question, how does this sort of arrangement work in the real world?  

In the interest of full disclosure, DHPT is at the finish line with the Town to hold and monitor the PR for another town-owned building.  During the many meetings and draft agreements we’ve reviewed with the Town, including Town Counsel, this issue never came up.  In fact in that case, CPC and Town Meeting approved that DHPT would hold and monitor that preservation restriction. I fail to see the distinction.

Perhaps someone out there can enlighten me.

Thanks!

Sincerely,
Diane Gilbert, President
Dartmouth Heritage Preservation Trust, Inc.
Dartmouth, MA




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