[MassHistPres] single house historic district vs. covenant on deed

[Dennis De Witt]

Christopher

Per their respective MGLs, an Historical Commission or LHD Commission can hold property.  An easement is property.  Below is the first para of one held by Brookline — in total it runs to 37pp.  It must be drafted by an atty. who knows the ropes.

In a Preservation Restriction everything can be reviewable, including the interior, or it can be more limited — but not too limited.  

It must be approved by the BoS and MHC — but is not subject to the timing constraints of the Town Meeting calendar , the 40c process, or AG approval.  So it can be done faster.  

It must be correctly in accordance with M. G. L. Chapter 40C, Chapter 40, Section 8D or it will time out.

A single building LHD is no different than any other LHD except, presumably, it should have no trouble passing town meeting.

Dennis De Witt
Brookline 

THIS DEED OF PRESERVATION RESTRICTION is granted this _____ day of _______________, 2005, by XXXXXXXX of YYYYYYY Street, Brookline, MA 02445, who, collectively with his successors in title to all or any portion of the Property described in Exhibit A is herein referred to as “Grantor”, acting pursuant to Sections 31, 32 and 33 of M. G.  L. Chapter 184, to THE TOWN OF BROOKLINE, MASSACHUSETTS, a municipal corporation, BY AND THROUGH THE BROOKLINE PRESERVATION COMMISSION, Town Hall, 333 Washington Street, Brookline, MA  02445 and its successors and permitted assigns (“Grantee”).  The Grantee Town of Brookline, a governmental entity of the Commonwealth of Massachusetts, accepts this conveyance for public purposes in accordance with M. G. L. Chapter 40C, Chapter 40, Section 8D and Section 5.6.8 of the Preservation Commission and Historic Districts By-Law of the Town of Brookline.  Except where otherwise expressly indicated, this Deed of Preservation Restriction (“Preservation Restriction”) is to be administered on behalf of the Grantee by the Brookline Preservation Commission or its successor agency (“the Commission”).  


> All,
> 
> Several historic houses and other buildings in Medford are protected by covenants on the deeds naming the Massachusetts Historical Commission as trustee.  Can the local Historical Commission or Historic District Commission be the trustee?  (We are not considering Historic New England as a trustee.  This costs $50,000 or more.)
> 
> What are the pros and cons of creating a single house historic district vs. simply placing a covenant on the deed, assuming the owner is willing to do either, but is not willing to spend $50,000.
> 
> Christopher Bader
> Chair, Medford Historic District Commission
> 
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