[MassHistPres] protection for North River historical markers

[Carolyn Mueller]

If you are restoring or preserving the markers, I don't think you would have to place a deed restriction on them. If you were purchasing property, that is when CPA requires a deed restriction. 

>From the Coalition website (the underlining is mine):

Are Preservation Restrictions required by CPA?
The Community Preservation Act specifically calls for perpetual Preservation Restrictions, established under Chapter 184 of Mass General Laws, whenever CPA funds are used to purchase a real property interest. Therefore, when purchasing or buying an interest in an historic property, a Preservation Restriction is required. The Act is not specific as to whether a Preservation Restriction is required when CPA money is expended on an historic preservation project. Many towns have chosen to require a Preservation Restriction when any amount of CPA funds are awarded for rehabilitation or restoration of an historic property. This protects the town's investment should the property change hands or become subject to additional development pressures. Cape Cod Commission staff recommend that a Preservation Restriction be required whenever CPA funds are used to rehabilitate or restore historic properties, regardless of the property ownership.
Carolyn MuellerLittleton
 
 
-----Original Message-----
From: Caleb Estabrooks <caleb.estabrooks at gmail.com>
To: masshistpres <masshistpres at cs.umb.edu>
Sent: Sun, Dec 30, 2018 11:22 am
Subject: [MassHistPres] protection for North River historical markers

Historical Societies for 5 towns along the North River on the South Shore (Hanover, Pembroke, Marshfield, Scituate and Norwell) are looking to restore Historical Markers that were erected along the river at locations of 10 of the shipyards that once operated there (The North River was home to over 22 shipyards that operated from the mid-1600s until the late 1800s). The historical markers were constructed of cast iron were installed on concrete posts in 1919. 
We are applying for CPC funds in each of the 5 towns. Most of the Historical Markers are now on private property, so we are struggling with the difficult balance of:
1) obtaining permission from the land owners2) satisfying town requirements for deed restrictions for CPC funded projects 
Land owners may not give us permission to move forward with the project if a deed restriction will be placed on their property. Do any towns have any experience placing other sorts of protections on historical objects that do not place restrictions on the deed? The land owners I have reached out to feel that any restriction on the deed will diminish resale value, but CPCs may not sign off on the project without protections in place.
Thank you,
Caleb Estabrooks
Hanover Historical Commission

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