[MassHistPres] HIstoric Preservation Restrictions

[William G. Constable]

Tom -
            Actually, if the property is owned ("in fee") by the municipality, neither the Board of Selectmen nor the Historical Commission should hold the HPR, as that may invoke legal "merger", and in any event presents a sure conflict between the enforcer of the HPR and the owner.
            In many towns, the Historical Society is the appropriate holder for HPRs on municipal parcels, or at least the best available, even if there is some overlap with the commission, inadequate staff, or few enforcement resources. In cases such as Elizabeth's, the Historical Society may not be an acceptable choice.
            Certainly folks like Historic New England and The Trustees of Reservations may be approached, but their criteria often will not be met by locally important properties.  Perhaps other local charities, such as a community foundation, could be approached.
            Note that this problem is similar to the problem which sometimes arises with conservation restrictions (CRs), especially when CPA funds have been used by a municipality to acquire properties which must then be encumbered with CRs.
Buzz Constable

William G. Constable
17 Old Lexington Rd
Lincoln MA  01773
(H)  781-259-0199
(C)  617-719-1771



From: masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Tom Keyes
Sent: Tuesday, August 09, 2016 8:54 AM
To: 'Elizabeth Ware'; masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] HIstoric Preservation Restrictions

Hi Betsy,

Preservation restrictions are specific to the property and remains in perpetuity even in sale off said property.  Therefore, if it's a municipally owned property the Board of Selectmen ultimately "holds" the restriction.

Tom

Thomas F. Keyes
President & Executive Director
North Atlantic Archaeological Collaborative, Inc.
PO Box 375, Sandwich, MA 02563
tkeyes at naarchaeology.org<mailto:tkeyes at naarchaeology.org> p. 508-737-0244
www.naarchaeology.org<http://www.naarchaeology.org>
[Description: North Atlantic Logo reduced]




From: masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Elizabeth Ware
Sent: Monday, August 08, 2016 4:26 PM
To: masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>
Subject: [MassHistPres] HIstoric Preservation Restrictions

All,

The Community Preservation Committee (CPC)  in Dracut, Ma. has several projects that require an entity or organization to hold a preservation restriction on a CPC-funded project.  As these properties are town-owned, the local historical commission or historical society (a lot of overlap between the two groups) cannot hold the restriction.
We've checked with various historical/preservation organizations in Lowell, who either don't want to hold the restriction or have no experience in holding a preservation restriction.

I'm curious who holds the preservation restriction on historic preservation CPC-funded projects within your community?

Thank you.

Betsy Ware

Director of Community Development
Town of Dracut, MA.
978-453-4557

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