[MassHistPres] Deed Restrictions and other protections for properties

Wed Oct 28 11:50:09 EDT 2015

As a follow-up to my original reply on this topic and to dovetail on
Karen VanWelden-Herman's message below:

If you want the preservation restriction to be "in perpetuity", it does
need to be reviewed by the MHC, as Karen noted. Because this can take a
while, I suggest having the current property owner agree to an initial
preservation restriction under MGL Ch. 184 Section 23 (this has a limit
of 30 years) with the proviso that you will pursue a PR in perpetuity.
This can provide you with some initial, meaningful protection while
pursuing the perpetual restriction. We have done this in Newburyport.
Keep in mind that it may be likely that the responsibility for
researching, documenting and submitting the forms to the MHC for their
review of the perpetual PR may rest on your Commission. Giving the
responsibility to a current owner who is in the process of selling and
closing up a property often results in nothing getting done and a
protective opportunity lost.

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 Karen
VanWelden-Herman
Sent: Tuesday, October 27, 2015 5:10 PM
To: Dennis De Witt; Christopher Bader
Cc: Susan Munafo; MHC MHC listserve
Subject: Re: [MassHistPres] Deed Restrictions and other protections for
properties

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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