[MassHistPres] Deed Restrictions and other protections for properties

[Karen VanWelden-Herman]

All,

The Town of Andover holds seven preservation restrictions on individual
properties under MGL184.  The Town does not find it to be a problem and we
have had no issues.
Be advised that it takes time to have the preservation restriction reviewed
by MHC and approved.  I would recommend you start the process ASAP.

Karen Herman, Chair
Andover Preservation Commission
From:  <masshistpres-bounces at cs.umb.edu> on behalf of Dennis De Witt
<djd184 at verizon.net>
Date:  Tuesday, October 27, 2015 at 3:31 PM
To:  Christopher Bader <cb at kratylos.com>
Cc:  Susan Munafo <spmunafo at gmail.com>, historic preservation list
<masshistpres at cs.umb.edu>
Subject:  Re: [MassHistPres] Deed Restrictions and other protections for
properties

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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