[MassHistPres] Historic Preservation Restrictions on front facade only.

[Steinitz, Michael (SEC)]

Sally,

If the preservation restriction agreement is being conveyed under M.G.L. Chapter 184, Sections 31-33, then it requires the signature approval of the Massachusetts Historical Commission.  As a condition of its approval the MHC requires that a draft of the agreement be submitted for review and comment prior to its being executed, and MHC then works with the parties to bring the agreement into a final form acceptable to the MHC.  The MHC does not approve preservation restrictions limited to the front façade of a building.

Legally binding restrictions for a limited term of years can be placed on properties without the MHC’s approval, but preservation restrictions “in perpetuity” require MHC’s signature.

Best,

Michael Steinitz
Deputy State Historic Preservation Officer
Director, Preservation Planning Division
Massachusetts Historical Commission
220 Morrissey Blvd.
Boston, MA 02125
617-727-8470
617-727-5128 (fax)
michael.steinitz at state.ma.us



From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of sally urbano
Sent: Wednesday, March 08, 2017 10:12 AM
To: MassHistPres MA
Subject: [MassHistPres] Historic Preservation Restrictions on front facade only.

As part of a Habitat for Humanity project in association with Harwich Ecumenical Council for the Homeless  (HECH) a subdivison of 6 homes is being inserted onto the back lot of a historic , National Register eligible home in the middle of a proposed National Register District.
HECH was given money by the B.O,S to include a historic Preservation Restriction. They apparently wrote the restriction on their own. I believe this should be a legal document reviewed by someone ? (Mass preservation) and held by an approved entity. HECH has also changed the Historic Preservation restriction to read only the front facade, which seems useless although maybe better than nothing. Proceeding further Habitat asks a waiver from any of the  entries in the entire  Harwich Historic preservation code.
I am concerned because Habitat did a project in Orleans , promised they would preserve a historic home on the property and then found a way to demolish it. This will be a 40 b project .
Is there any recourse and has anyone exoerienced similar problems.?
As ever,
with thanks
Sally Urbano
Harwich, Ma
individually


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