[MassHistPres] Use of cpc funds questioned for National Register

Tue Dec 13 16:50:28 EST 2016

I would note that the language of the Community Preservation Act itself describes something broader.

MGL Ch. 44C, Section 2, Definitions

''Community preservation'', the acquisition, creation and preservation of open space, the acquisition, creation and preservation of historic resources and the creation and preservation of community housing.

[Emphases added—note that it specifically says “creation”, inferring that new things (such as historic interpretive signs) whose purpose is to aid in the preservation of historic resources are specifically contemplated as being included.]

''Preservation'', protection of personal or real property from injury, harm or destruction.

Section 5, Community preservation committee; members; recommendations

(2) The community preservation committee shall make recommendations to the legislative body . . . for the acquisition, preservation, rehabilitation and restoration of historic resources . . . .

It would take very little interpretive legal effort to put those pieces together so that they describe a more full and accurate range of historic preservation actions.  But it may take legislative action to amend the language to make that range plain to those with no interest in seeing it (or with active interest in not seeing it).  I remain perplexed as to why the Massachusetts Historical Commission is keeping its distance from this issue.  Maybe they just want the communities to give them a fulsome mandate to intervene.

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

From: sally urbano [mailto:urbanosally at yahoo.com]
Sent: Tuesday, December 13, 2016 4:15 PM
To: Tucker, Jonathan
Cc: Kristen Stelljes; masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Use of cpc funds questioned for National Register

Excellent Jonathan and I appreciate your overview because I bet many towns are experiencing this. Certainly in Harwich we are. After putting forth 2 projects in the Historic category for CPA funding  i have experienced the process as creating obstacles,  Further if the finance committee speaks against the project, people usually vote that way.
I foresee funding  becoming even more tight in the historic categories as towns begin to grapple with sewering  costs here on the Cape. Why does historic have more no's than any other category?   I am ready to write letters, but wonder can we get help on this matter from other sources??
I thank you all who have been sharing information and I will let you know how it all turns out.
As ever my thanks,
Sally Urbano
West Harwich
individual.
Projects are only eligible for CPA funding if they fit in a green box below.

Open Space

Historic

Recreation

Housing

Acquire

Yes

Yes

Yes

Yes

Create

Yes

No

Yes

Yes

Preserve

Yes

Yes

Yes

Yes

Support

No

No

No

Yes

Rehabilitate and/or Restore

Yes, if acquired or created with CPA funds

Yes

Yes (new 7/8/2012)

Yes, if acquired or created with CPA funds

Chart adapted from “Recent Developments in Municipal Law”, Massachusetts Department of Revenue, October 2012.

On Dec 13, 2016, at 11:47 AM, Tucker, Jonathan <tuckerj at amherstma.gov<mailto:tuckerj at amherstma.gov>> wrote:

I consider the DOR opinion re Deerfield to be in error, and far too narrow an interpretation of the language, much less the intent, of the Community Preservation Act.  Communities should appeal to their legislators to remedy this limitation.

This interpretation effectively obstructs local historical preservation efforts.  The CPA was adopted to provide funding for community preservation activities that communities could not afford to undertake on their own.  By defining "preservation" to be only direct physical preservation, communities are hamstrung in terms of their ability to preserve their historic resources.

How many CPA funded housing, open space, and recreation projects fold 'due diligence' studies, appraisals, designs, etc. into their projects in order to be able to have them proceed?  I would assume it to be by far the majority.  Shall we force all of that activity to be funded only out of the tiny allowance made for administrative funds?  It just doesn't work.

Without the ability to fund the identification of historic resources in a given community, and to study and identify what preservation techniques are needed to best preserve an existing identified resource, CPA is of no use.  You cannot preserve a resource that citizens do not know exists, and do not know enough about to care.  You cannot preserve historic resources without understanding their condition and investigating how best to protect them.

I presume that DOR is trying to keep the range of CPA activities limited so as to stretch a limited pool of state matching funds, and keep the CPA activity within a wheelhouse that DOR can readily recognize.  But those are short-term objectives that run counter to the purposes of the Act, and it in the process of pursuing them DOR is actively injuring any community's ability to identify and preserve its historic resources.

Talk to your RPAs and your legislators.  The Community Preservation Act needs to be amended to reflect and fund the ways in which historic preservation actually works.  There are more than 50 years of federal precedent and professional practice that tell us how.  The Community Preservation Act should reflect that precedent and practice.

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

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Kristen Stelljes
Sent: Tuesday, December 13, 2016 10:32 AM
To: masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>
Subject: [MassHistPres] FW: Use of cpc funds questioned for National Register

Hello,
We had a question about the use of CPA funds for historic surveys in Somerville and asked the Community Preservation Coalition. They passed along the attached guidance from the DOR.
Warm regards,
Kristen

Kristen Stelljes
Somerville Community Preservation Act Manager kstelljes at somervillema.gov<mailto:kstelljes at somervillema.gov>
617-625-6600 ext. 2107
CPA website: http://www.somervillema.gov/cpa

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Subject: MassHistPres Digest, Vol 130, Issue 8

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Today's Topics:

  1. Re: Use of cpc funds questioned for National     Register
     nomination papers preparation (James J O'Rourke Jr)
  2. Re: Use of cpc funds questioned for National     Register
     nomination papers preparation (sally urbano)

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Message: 1
Date: Sun, 11 Dec 2016 18:12:38 -0500
From: "James J O'Rourke Jr" <jamesjorourkejr321 at gmail.com<mailto:jamesjorourkejr321 at gmail.com>>
Subject: Re: [MassHistPres] Use of cpc funds questioned for National
            Register nomination papers preparation
To: Judith Lund <judithnlund at gmail.com<mailto:judithnlund at gmail.com>>
Cc: MassHistPres <masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>>,       Holly Herbster
            <hherbster at palinc.com<mailto:hherbster at palinc.com>>
Message-ID: <D909C404-F06F-41D3-B3F6-008A8A7E1AAA at gmail.com<mailto:D909C404-F06F-41D3-B3F6-008A8A7E1AAA at gmail.com>>
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I did not see the initial post to this thread. Who is questioning the use of CPA funds for a National Register nomination and on what basis?

My town is looking for CPA funds for a nomination and we referenced the Town of Dartmouth's project in support of our application.
Jim O'Rourke, Chairman of the Somerset Historical Commission

Sent from my iPad

On Dec 9, 2016, at 1:38 PM, Judith Lund <judithnlund at gmail.com<mailto:judithnlund at gmail.com>> wrote:

We certainly did, but I don?t recall whether that was paid from CPC's administrative funds.  Our completion and filing of Mass Form Bs was paid out of the admin budget because regular CPC funding was not allowed by our town attorney.

Judy Lund, Dartmouth Historical Commission

On Dec 9, 2016, at 12:37 PM, Holly Herbster <hherbster at palinc.com<mailto:hherbster at palinc.com>> wrote:

The Town of Dartmouth is using CPA funds to complete a National Register Nomination for the Russell Garrison Site. The Public Archaeology Laboratory, Inc. was contracted as the consultant to complete this work. You may want to speak Judy Lund, the Chair of the Dartmouth Historical Commission, who is overseeing the project for the Town.

Holly Herbster, MA, RPA
Senior Archaeologist
hherbster at palinc.com<mailto:hherbster at palinc.com>

PAL
Cultural Resource Management
26 Main Street
Pawtucket, RI 02860

401.728.8780  main
401.728.8784  fax
401.288.6313  direct
401.480.3129  cell
www.palinc.com<http://www.palinc.com>

NOTICE: This email message and any attachments are confidential.  If you are not the intended recipient, please immediately reply to the sender and delete the message from your email system.  Thank you.

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Message: 2
Date: Mon, 12 Dec 2016 09:23:30 -0500
From: sally urbano <urbanosally at yahoo.com<mailto:urbanosally at yahoo.com>>
Subject: Re: [MassHistPres] Use of cpc funds questioned for National
            Register nomination papers preparation
To: "James J O'Rourke Jr" <jamesjorourkejr321 at gmail.com<mailto:jamesjorourkejr321 at gmail.com>>,         masshistpres
            <masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>>
Message-ID: <4DC0460F-EB7E-4B45-A870-85AEEF104A76 at yahoo.com<mailto:4DC0460F-EB7E-4B45-A870-85AEEF104A76 at yahoo.com>>
Content-Type: text/plain; charset="utf-8"

Hi James,
     I made the original post. Our Historic Commission appeared before the CPC asking for funds to hire a consultant to submit the application to National Register.  The area we are seeking includes 32+ historic homes along one stretch of Main St.
The person who raised the question is the planning board rep  to CPC. His objection is that the submission of the documents does not actually acquire or preserve anything , citing the guidelines of CPA.  I am trying to overcome these things and am compiling an additional packet of information.
we provided a sample of the Sandwich Springhill submission, quotations from the National parks service, and citations showing benefits of the N.R. district which brings in some tools for actual preservation.  I am still seeking any information that could prove beneficial.
Thank you all for your time and assistance. We think it is an incredible stretch to be preserved and encroachments make it a time sensitive project.

Best regards
Sally Urbano
West Harwich

On Dec 11, 2016, at 6:12 PM, James J O'Rourke Jr <jamesjorourkejr321 at gmail.com<mailto:jamesjorourkejr321 at gmail.com>> wrote:

I did not see the initial post to this thread. Who is questioning the use of CPA funds for a National Register nomination and on what basis?

My town is looking for CPA funds for a nomination and we referenced the Town of Dartmouth's project in support of our application.
Jim O'Rourke, Chairman of the Somerset Historical Commission

Sent from my iPad

On Dec 9, 2016, at 1:38 PM, Judith Lund <judithnlund at gmail.com <mailto:judithnlund at gmail.com<mailto:judithnlund at gmail.com%20%3cmailto:judithnlund at gmail.com>>> wrote:

We certainly did, but I don?t recall whether that was paid from CPC's administrative funds.  Our completion and filing of Mass Form Bs was paid out of the admin budget because regular CPC funding was not allowed by our town attorney.

Judy Lund, Dartmouth Historical Commission

On Dec 9, 2016, at 12:37 PM, Holly Herbster <hherbster at palinc.com <mailto:hherbster at palinc.com<mailto:hherbster at palinc.com%20%3cmailto:hherbster at palinc.com>>> wrote:

The Town of Dartmouth is using CPA funds to complete a National Register Nomination for the Russell Garrison Site. The Public Archaeology Laboratory, Inc. was contracted as the consultant to complete this work. You may want to speak Judy Lund, the Chair of the Dartmouth Historical Commission, who is overseeing the project for the Town.

Holly Herbster, MA, RPA
Senior Archaeologist
hherbster at palinc.com<mailto:hherbster at palinc.com> <mailto:hherbster at palinc.com> PAL Cultural
Resource Management
26 Main Street
Pawtucket, RI 02860

401.728.8780  main
401.728.8784  fax
401.288.6313  direct
401.480.3129  cell
www.palinc.com<http://www.palinc.com> <http://www.palinc.com/>
NOTICE: This email message and any attachments are confidential.  If you are not the intended recipient, please immediately reply to the sender and delete the message from your email system.  Thank you.

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