[MassHistPres] Deed Restrictions and other protections forproperties

[Sarah White]

Susan -

It is possible for the municipality to hold a deed restriction on a
property. 

 

The Newburyport Historical Commission, which I chair, holds preservation
restrictions on several both in perpetuity (which needs approval through
MHC) as well as for a limited period unless waived under MGL 184 of the
state law. 

 

While having a single structure LHD may indeed be the goal you
eventually want to achieve, between writing the report, waiting for 60
days for MHC review of the report before holding the required public
hearing, making changes and then having it voted on either by city
council/alderman or town vote (which requires approval of the attorney
general), entering into a deed restriction would likely seem a faster
route to protection, however interim. In order to sue, I believe that
the initiator of such a suit must have standing and I'm not sure that
necessarily means just anyone, but your municipal solicitor should be
able to answer the specifics of that question.

 

Best,

Sarah M. White

Planner - Zoning & Preservation

Office of Strategic Planning and Community Development

City of Somerville

93 Highland Avenue

Somerville, MA 02143

617.625.6600 x2534

swhite at somervillema.gov <mailto:swhite at somervillema.gov> 

 

 

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Susan Munafo
Sent: Tuesday, October 27, 2015 11:50 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Deed Restrictions and other protections
forproperties

 

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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