[MassHistPres] Deed Restrictions and other protections forproperties

[Roughan, Michael]

Susan,

Hopkinton also has a deed restriction for Elmwood Farms administered by the HHC and developed through the MHC.

….Mike

Michael Roughan, AIA, EDAC, LEED AP
Chairman - Hopkinton Historic Commission

Town of Hopkinton
18 Main Street
Hopkinton, MA 01748

D 617.357.7725 M 617.784.6463



From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Sarah White
Sent: Tuesday, October 27, 2015 3:25 PM
To: Susan Munafo
Cc: masshistpres Members
Subject: Re: [MassHistPres] Deed Restrictions and other protections forproperties

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 Ch 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> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Christopher Bader
Sent: Tuesday, October 27, 2015 2:58 PM
To: Susan Munafo
Cc: masshistpres Members
Subject: Re: [MassHistPres] Deed Restrictions and other protections forproperties

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<mailto: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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