[MassHistPres] CPA funds for private property already covered by a preservation restriction

[Dennis De Witt]

A CPC web page (http://www.communitypreservation.org/FundingPrivateProjects) cites the Anti-Aid amendment of the constitution as preventing CPA funding for preservation projects on “private property” (by which it means non-profit property), unless there is an acquisition in exchange of an interest in a restriction and/or easement — which is considered “real property”.  So far so good.  But what happens, say in the case of a proposed second grant, if the state or municipality already holds a preservation restriction and/or access easement.  There is no additional property to be acquired in exchange.  The discussion on the above site does not make that situation clear.

Then, in addition, what if the property is already covered by a preservation restriction and is not held by a non-profit but rather by a condominium association — but the item proposed to receive the restoration grant is an historic artifact of no functional or economic value to the residents — although deemed a significant historic artifact — e.g. a disused smokestack. 

I’d be interested in any relevant rules or cases.

Dennis De Witt
Brookline