[MassHistPres] Historic property surveys and the CPA

[James J O'Rourke Jr]

Hi Ms. Lund:

We have communicated about this issue before.  I understood that town
counsel had opined that CPA funds could not be used to finance the filing of
nomination papers for placement of a property on the National Register.
That is different from applying for funds to update the survey of historic
assets in a CPA community.  DOR Counsel has said that type of funding is
permissible. As I understood it, your town counsel advised you that a
National Register nomination project could not be approved by the CPC as a
CPA project but the funds could be approved by the CPC as an administrative
expense.  Am I mistaken?

Jim O'Rourke, Chairman, Somerset Historical Commission

-----Original Message-----
From: Judith Lund [mailto:judithnlund at gmail.com] 
Sent: Friday, May 05, 2017 12:09 PM
To: James J O'Rourke Jr <jamesjorourkejr321 at gmail.com>
Subject: Re: [MassHistPres] Historic property surveys and the CPA

You are absolutely right about this.  However the Dartmouth Town Counsel
ruled that an historic survey is not fundable by CPC grant.
Judy Lund, Chair, Dartmouth Historical Commission


> On May 4, 2017, at 5:48 PM, James J O'Rourke Jr
<jamesjorourkejr321 at gmail.com> wrote:
> 
> Hi Mr. Slate:
> 
> Attached is an opinion from DOR.  It is self-explanatory.
> 
> I respectfully suggest you obtain an opinion from your Corporation 
> Counsel as well.  If whatever body you represent intends to apply for 
> CPA funds or recommend a historic survey CPA project, you should rely 
> on a carefully considered legal opinion.  You should not rely on 
> interpretations which are set forth on this mailing list.
> 
> Jim O'Rourke, Chairman, Somerset Historical Commission
> 
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Ralph Slate
> Sent: Wednesday, May 03, 2017 10:10 PM
> To: MassHistPres MA <masshistpres at cs.umb.edu>
> Subject: [MassHistPres] Historic property surveys and the CPA
> 
> Can someone point me to a formal opinion by the MA Department of 
> Revenue which says that Historic Property Surveys are not allowed to 
> be funded under the CPA?
> 
> Thanks,
> 
> Ralph Slate
> Springfield MA
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