[MassHistPres] Historic property surveys and the CPA

Fri May 5 14:13:26 EDT 2017

Ms. Lund:

I disagree with town counsel's opinion, as you state it.  His opinion is
narrower than that of DOR's counsel.  See the email message from DOR's
counsel attached to my earlier email in this thread.  Also, on December 14,
2016 the same attorney sent me the following message:

	CPA administrative funds may be used for inventories, feasibility
studies, need assessments or plans that provide the CPC with information
about 	possible CPA uses, i.e., provide the CPC with information about
existing community preservation assets, evaluate potential eligible projects
and 	make informed recommendations to town meeting. The subject matter of
these studies must be assets and projects that may be funded with
community preservation fund monies under G.L. c. 448, s. 5(b)(2).
Accordingly, using CPA funds to advocate for the placement of the Town's
historic 	assets into state and federal registers of historic places
would not be consistent with the purpose of the statute.

Completing a MHC Form B does not constitute "advocating" for the placement
of historic assets into "state and federal registers of historic places." As
the MHC states on its website:

	MHC's Inventory of the Historic and Archaeological Assets of the
Commonwealth is a much larger data base of sites, structures, buildings,
districts, 	and other properties that have been identified in the
Commonwealth and brought to the attention of the MHC.  It includes the
properties listed in the 	State Register as well as thousands of
others that may or may not be eligible for listing in the State Register. 

Form B is an inventory form.  It doesn't make any sense to say that CPA
administrative funds "may be used for inventories" but if the inventory form
used is a Form B than the funds may not be used.  The distinction is whether
the inventories are being done for purposes of "advocacy." If you are
performing the inventories for the specific purpose of getting the
properties placed on the national or state register, CPA funds (at least,
non-administrative funds) cannot be used. If your Town Counsel stated that
CPA funds could not be used to complete a Form B incident to preparing a
nomination of a specific property to the national or state register, I would
agree with him but that's not what I understood you to say.

Jim O'Rourke, Chairman, Somerset Historical Commission and CPC 

-----Original Message-----
From: Judith Lund [mailto:judithnlund at gmail.com] 
Sent: Friday, May 05, 2017 12:39 PM
To: James J O'Rourke Jr <jamesjorourkejr321 at gmail.com>
Subject: Re: [MassHistPres] Historic property surveys and the CPA

He informed us that we could not use CPA funds to do Form Bs.

> On May 5, 2017, at 12:27 PM, James J O'Rourke Jr
<jamesjorourkejr321 at gmail.com> wrote:
> 
> 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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