[MassHistPres] Deed Restrictions and other protections for properties

[Dennis De Witt]

Chris & Susan

The town of Brookline holds several permanent building and/or land restrictions under MGL184.

One is within an LHD others are not.

The town did not and does not find them to be a problem.

A single property LHD is fine if there is enough time to implement it and if there is no problem about visibility from a public way.  Of course, it cannot protect significant interior as a restriction could do, if that was wanted.

Dennis De Witt
Brookline


On Oct 27, 2015, at 2:57 PM, Christopher Bader <cb at kratylos.com> wrote:

> Susan,
> 
> I have looked into deed restrictions for historic properties in Medford and to make a long story short, this is not something you want to do.  The problem is finding a trustee.  Since the trustee can sued by anyone for any reason, the City of Swampscott will not want to do it.  The only organizations who will do it will charge you a jaw-dropping amount of money.
> 
> Instead, you should create a single-house historic district as quickly as possible.   Ideally, the Sisters should wait until the district is created to sell the property.
> 
> Chris Bader
> Chair
> Medford Historic District Commission
> 
> 
> 
> On Tue, Oct 27, 2015 at 11:49 AM, Susan Munafo <spmunafo at gmail.com> wrote:
> We have an beautiful, seaside estate in Swampscott, White Court, that is about to be sold by the owners, Sisters of Mercy,  who recently closed the college, Marian Court, that had been there for many years.  In the past, we approached them about National Register status and they refused.  However, they now have expressed a desire to ensure the protection of the building.  We are in process of submitting an application to MHC for eligibility on the National Register and it is also being studied for a Local Historic District.  However, we need something to ensure its protection immediately.  We want to propose some sort of deed restriction that would protect the building and property from being demolished and developed in an inappropriate way.  Our goal is to find developers who are interested in using historic tax credits to restore the building for use as a hotel, conference center, or school. 
> 
>  
> 
> We will be meeting with the Sisters to discuss potential resuse of this historic estate and I would like to propose the deed restriction.  Please provide any insight you have!
> 
>  
> 
> Thank you,
> 
>  
> 
> Susan Post Munafo
> 
> Chair, Swampscott Historical Commission
> 
>  
> 
>  
> 
> 
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