[MassHistPres] Deed Restrictions and other protections for properties

Wed Oct 28 10:35:43 EDT 2015

Susan, If a sale of the property is impending too quickly to allow you to do
what is necessary to have a perpetual preservation restriction under MGL ch.
184, section 32, may I suggest that you can proceed anyway. If a restriction
does not have the MHC approval necessary to get the benefit of ch. 184, s.
32, or is otherwise not qualified under that section, the restriction may
nevertheless be enforceable for 30 years or more under other sections of ch.
184. Assuming the restriction otherwise meets the requirements of 184/32,
you can seek the approval of MHC after the restriction is recorded. Also, if
the Town, through its historical commission or otherwise, is to be the
holder of the restriction, keep in mind the provisions of municipal law
about the acquisition of interests in real estate. 

As a general matter, though, I'd question the benefit of a restriction
unless the party to which it is granted will be willing and able to enforce
it for however long it remains enforceable.

Jonathan Bockian
____________________________
Law Office of Jonathan Bockian
165 Irving Street
Watertown, MA 02472
www.bockianlaw.com and Preservation Law Digest
617-926-7801

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Today's Topics:

   1. Re: Deed Restrictions and other protections	forproperties
      (Sarah White)
   2. Re: Deed Restrictions and other protections for properties
      (Karen VanWelden-Herman)
   3. Re: Deed Restrictions and other	protections	forproperties
      (Roughan, Michael)

----------------------------------------------------------------------

Message: 1
Date: Tue, 27 Oct 2015 16:48:54 -0400
From: "Sarah White" <swhite at somervillema.gov>
Subject: Re: [MassHistPres] Deed Restrictions and other protections
	forproperties
To: "Susan Munafo" <spmunafo at gmail.com>, <masshistpres at cs.umb.edu>
Message-ID:
	<739BFDCF2A4AE74C86EF620E743D007B0E95A155 at exchange.somerville.ma.us>
Content-Type: text/plain; charset="us-ascii"

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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Message: 2
Date: Tue, 27 Oct 2015 17:10:06 -0400
From: Karen VanWelden-Herman <kvwherman at verizon.net>
Subject: Re: [MassHistPres] Deed Restrictions and other protections
	for properties
To: Dennis De Witt <djd184 at verizon.net>, Christopher Bader
	<cb at kratylos.com>
Cc: Susan Munafo <spmunafo at gmail.com>,	MHC MHC listserve
	<masshistpres at cs.umb.edu>
Message-ID: <D2555EE6.1CC78%kvwherman at verizon.net>
Content-Type: text/plain; charset="us-ascii"

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
>>  
>>  
>> 
>> ******************************
>> For administrative questions regarding this list, please contact
>> Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO THE
WHOLE
>> LIST.
>> MassHistPres mailing list
>> MassHistPres at cs.umb.edu
>> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
>> ********************************
>> 
> 
> ******************************
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> LIST.
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****************************** For administrative questions regarding this
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Message: 3
Date: Tue, 27 Oct 2015 20:55:35 +0000
From: "Roughan, Michael" <Michael.Roughan at hdrinc.com>
Subject: Re: [MassHistPres] Deed Restrictions and other	protections
	forproperties
To: Sarah White <swhite at somervillema.gov>, Susan Munafo
	<spmunafo at gmail.com>
Cc: masshistpres Members <masshistpres at cs.umb.edu>
Message-ID:

<4EC1B2C687528E4CB63B372FB4219DDD9F13349B at OMAC-INEXDAG2N2.intranet.hdr>

Content-Type: text/plain; charset="utf-8"

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

******************************
For administrative questions regarding this list, please contact
Christopher.Skelly at state.ma.us<mailto:Christopher.Skelly at state.ma.us>
directly.  PLEASE DO NOT "REPLY" TO THE WHOLE LIST.
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