[MassHistPres] CPC funds prevailing wage and volunteers on town owned building

Wed Apr 20 16:00:23 EDT 2016

A few thoughts on this:
1. Regarding Jonathan's comments: Jonathan quotes 36 C.F.R. Part 67, but the
CPA required rehabilitation to comply with 36 C.F.R. Part 68. The standards
for rehab in both parts are very similar, but Part 67 is applicable to the
Federal 20% historic rehabilitation tax credit program specifically.
2. Considering the tax credit program, rehab work -- to qualify -- must be
"substantial:" to quote the NPS website, "In brief, this means that the cost
of rehabilitation must exceed the pre-rehabilitation cost of the building."
Depends on the building, but it's unlikely painting only would qualify for
tax credits, if that was the entirety of a rehab project.
3. It's possible that volunteer or not-so-volunteer workers could do work
according to the Secretary of the Interior's Standards, but if CPA funds are
used, according to the law, the standards have to be followed.

Sara Wermiel
Jamaica Plain, MA

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Roughan, Michael
Sent: Wednesday, April 20, 2016 11:51 AM
To: Tucker, Jonathan <tuckerj at amherstma.gov>; Dennis Sears
<HDennisSears at verizon.net>; 'sally urbano' <urbanosally at yahoo.com>; 'MA
Historic Preservation' <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] CPC funds prevailing wage and volunteers on town
owned building

Jonathan,

Once again I appreciate your due diligence. With your permission, I would
like to forward your "Brief" to my associates in the Town Building
Department and CPC to see if I can get consensus on this reinterpretation of
painting as rehabilitation instead of maintenance.

....Mike

Michael Roughan, AIA, EDAC, LEED AP

D +1.617.357.7725 M +1.617.784.6463

-----Original Message-----
From: Tucker, Jonathan [mailto:tuckerj at amherstma.gov] 
Sent: Wednesday, April 20, 2016 11:40 AM
To: Roughan, Michael; Dennis Sears; 'sally urbano'; 'MA Historic
Preservation'
Subject: RE: [MassHistPres] CPC funds prevailing wage and volunteers on town
owned building

Well, here's a shot at refutation.

The CPA statute (MGL Ch. 44B, Sec. 2) includes the following definitions:

''Capital improvement'', reconstruction or alteration of real property that:
(1) materially adds to the value of the real property or appreciably
prolongs the useful life of the real property; (2) becomes part of the real
property or is permanently affixed to the real property so that removal
would cause material damage to the property or article itself; and (3) is
intended to become a permanent installation or is intended to remain there
for an indefinite period of time.

"Rehabilitation", capital improvements, or the making of extraordinary
repairs, to historic resources, . . . with respect to historic resources,
''rehabilitation'' shall comply with the Standards for Rehabilitation stated
in the United States Secretary of the Interior's Standards for the Treatment
of Historic Properties codified in 36 C.P.R. Part 68 . . . ."

And here are the Secretary of the Interior's Standards (36 C.P.R. Part 68):

"Rehabilitation projects must meet the following Standards to qualify as
"certified rehabilitations" eligible for the 20% tax credit for historic
preservation.

The Standards are applied to projects in a reasonable manner, taking into
consideration economic and technical feasibility.

1.	A property shall be used for its historic purpose or be placed in a
new use that requires minimal change to the defining characteristics of the
building and its site and environment.
2.	The historic character of a property shall be retained and
preserved.  The removal of historic materials or alteration of features and
spaces that characterize a property shall be avoided.
3.	Each property shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from other
buildings, shall not be undertaken.
4.	Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
5.	Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize a historic property shall be
preserved.
6.	Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement of a
distinctive feature, the new feature shall match the old in design, color,
texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
7.	Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used.  The surface cleaning of
structures, if appropriate, shall be undertaken using the gentlest means
possible.
8.	Significant archeological resources affected by a project shall be
protected and preserved.  If such resources must be disturbed, mitigation
measures shall be undertaken.
9.	New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property. The new
work shall be differentiated from the old and shall be compatible with the
massing, size, scale, and architectural features to protect the historic
integrity of the property and its environment.
10.	New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the essential
form and integrity of the historic property and its environment would be
unimpaired."

So, under CPA, any capital improvement of an historic resource specifically
includes actions "which appreciably prolong[s] the useful life of the real
property" and "is intended to remain there for an indefinite period of
time."  I'd like to see someone try to argue that repainting an historic
building to ensure its long-term survival, or even to restore its original
color scheme (where that has significant historical meaning) does not meet
those standards.

For those unfamiliar with historic preservation practice, it is
understandable that they might think this is just "maintenance."  But it is
not maintenance.  Under nearly a century of national, state and local
practice of historic preservation, doing ANYTHING that physically sustains,
prolongs, and protects an historic resource, including repainting or
repairing an historic structure, is "preservation."  Technically, in most
cases, it qualifies as the form of preservation referred to as
rehabilitation, something that is explicitly allowed for under CPA.  The
Secretary of the Interior's standards explicitly presume that such changes
will include actions which require maintaining consistency in "design,
color, texture, and other visual qualities."  Certainly repainting an
historic structure to--for instance--maintain its historic appearance (much
less keep it safe from weather) is anticipated by those federal standards.

This is, again, where communities need MHC to step up and help DOR and the
CPC understand what their responsibilities entail with respect to
implementing the historic preservation aspects of the Community Preservation
Act.  Failing that, it might be necessary to ask the courts to resolve this
question.  It might also be useful to approach the National Park Service for
help, as well.

Jonathan Tucker
Senior Planner
Amherst Planning Department
4 Boltwood Avenue, Town Hall
Amherst, MA  01002
(413) 259-3040
tuckerj at amherstma.gov 

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Roughan, Michael
Sent: Tuesday, April 19, 2016 3:14 PM
To: Dennis Sears; 'sally urbano'; 'MA Historic Preservation'
Subject: Re: [MassHistPres] CPC funds prevailing wage and volunteers on town
owned building

Dennis,

Apparently this is a legal counsel interpretation that I would like to
rebuke but I haven't been able to find any definitive ammunition.

....Mike

Michael Roughan, AIA, EDAC, LEED AP

D +1.617.357.7725 M +1.617.784.6463

-----Original Message-----
From: Dennis Sears [mailto:HDennisSears at verizon.net] 
Sent: Tuesday, April 19, 2016 1:13 PM
To: Roughan, Michael; 'sally urbano'; 'MA Historic Preservation'
Subject: RE: [MassHistPres] CPC funds prevailing wage and volunteers on town
owned building

Michael, are you telling me the Town defines "painting" as maintenance?  I'm
not sure about Mass, but in most cases and I think the Feds, "painting" when
you are doing it as a restoration or to increase the value of property and
the amount is beyond what most people would consider "touch up"; ie those
nicks in the paint along side of the stairs where you carried things in and
out, would consider this a "capital" item that could and should be covered
under CPA.  I'd be interested in getting an answer in case we ever run into
this in our Town.  Dennis Sears, Chair Town of Sheffield Historical
Commission.  

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Roughan, Michael
Sent: Tuesday, April 19, 2016 9:50 AM
To: sally urbano <urbanosally at yahoo.com>; MA Historic Preservation
<masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] CPC funds prevailing wage and volunteers on town
owned building

Sally,

As previously stated on this group listserv, Hopkinton is struggling with
the same issues you are. Since the "official" town interpretation is we
can't use CPA funds for maintenance, we've asked the town to paint the
exterior of one of the historic homes (McFarland Sanger) while we secure
additional CPA funds to reconstruct the front (south) side from sill to
roof. Unfortunately, once the funds are secured we will have to bid the work
out, but we are hopeful that we can work with a North Bennett St School /
Keefe Tech to have the work done by a faculty / student program. The only
dilemma is you need the funds secured first and the group needs to have the
availability.

The HHC's intent is to restore the house to the point where it can serve
beneficial use but we have not yet secured a tenant and may end up selling
it with a deed restriction. This is something we recently did with a
historic farmstead (Elmwood Farms) and the owner is doing a fabulous job of
restoration of both the house and barn. As you know, your challenge will be,
once you've renovated the schoolhouse, how do you maintain it?

As for the volunteer approach, we have another historic building (Train
Depot) that has been kept up primarily by volunteer labor from the HHC so we
are cautious about taking on too many volunteer projects.

....Mike

Michael Roughan, AIA, EDAC, LEED AP

D +1.617.357.7725 M +1.617.784.6463

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of sally urbano
Sent: Monday, April 18, 2016 11:02 AM
To: MA Historic Preservation
Subject: [MassHistPres] CPC funds prevailing wage and volunteers on town
owned building

When i need help i have always found members of this group to be generous
with their time.
        Our volunteer group applied and received CPC support for the rehab
and reuse of a Historic schoolhouse 1871.  There has been an incredible
amount of obstacles thrown in our path.
CPC wanted us to Have oversight through the town and apply for a smaller
amount of money, which we did . We then applied for a matching
grant.(outcome not yet known) The finance committee feels we haven't asked
for enough money and because the town owns the building expects that we
should bid out for prevailing wage. We leveraged the CPC  money and were
going to use the sheriffs program as well as the local Tech School. Not
together of course.
We are being held to standards others are not as the library several years
ago used the Sheriffs program and the town hall had them do some painting.
      This scenario is similar to an orphaned historic building that sat for
years unpainted. CPC said it was maintenance to paint,  the town didn't have
the money and so it sat until a volunteer group painted it.
      I would love to hear your thoughts on this matter,
  Thank You,

Sally Urbano      Volunteer group
Harwich,mass
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