[MassHistPres] Tree survey

[Dennis De Witt]

I would agree that trees may be “real property” but not "As an asset of the Town or of a private party.”  By that definition, a car could be called “real property.”

Rather, if you will excuse a Googled quote, Real Property has a more particular scope.  It is:
 all land, structures, firmly attached and integrated equipment (such as light fixtures or a well pump), anything growing on the land, and all "interests" in the property which may be the right to future ownership (remainder), right to occupy for aperiod of time (tenancy or life estate) the right to drill for oil, the right to get the property back (a reversion) if it is no longer used for its current purpose (such as use for a hospital, school or city hall), use of airspace (condominium) or an easementacross another's property. 

Dennis De Witt
Brookline

> On Oct 5, 2018, at 4:47 AM, Harry LaCortiglia <hlacortiglia at comcast.net> wrote:
> 
> Conversely, I would opine that the study does qualify for CPA funding. 
> 
> The Community Preservation Act itself states (in Sec. 5 B.1),"The community preservation committee shall study the needs, possibilities and
> resources of the city or town..." 
> 
> The study of Historic Trees fits within the definition of a Historic Resource since the trees are "real property". (As an asset of the Town or of a private party.)
> 
> Additionally, I would ask if the "King's Stand" previously mentioned is an open space resource. (As an alternative funding possibility.)
> 
> When differences of opinions arise such as these, sometimes it's best to simply ask the community's CP Committee and if they recommend the project. 
> 
> Then let the Town Meeting voters decide.
> 
> Best,
> H. LaCortiglia
> Chairman, 
> Georgetown Community Preservation Committee
> 
> 
> 
> 
> On 10/3/2018 11:22 PM, James J O'Rourke Jr wrote:
>> Dear Ms. Gray:,
>>  
>> In order to obtain CPA money for a historic project, the asset must be “a building, structure, vessel, real property, document, or artifact.” Ch 44B, Sec. 2. I don’t think a tree qualifies under any of these categories.
>>  
>> Jim O’Rourke
>> Chairman, Somerset Historical Commission
>>  
>> From: MassHistPres <masshistpres-bounces at cs.umb.edu> <mailto:masshistpres-bounces at cs.umb.edu> On Behalf Of Jane Guy
>> Sent: Wednesday, October 03, 2018 11:14 AM
>> To: Roughan, Michael <Michael.Roughan at hdrinc.com> <mailto:Michael.Roughan at hdrinc.com>; 'masshistpres at cs.umb.edu <mailto:masshistpres at cs.umb.edu>' <masshistpres at cs.umb.edu> <mailto:masshistpres at cs.umb.edu>
>> Cc: peter lagoy (Peter_Lagoy at msn.com <mailto:Peter_Lagoy at msn.com>) <Peter_Lagoy at msn.com> <mailto:Peter_Lagoy at msn.com>
>> Subject: Re: [MassHistPres] Tree survey
>>  
>> After consulting with the Community Preservation Coalition, attached is a letter that we sent to the City Council in response to their inquiry to use CPA for trees. It does not address a city-wide survey specifically, but does address the maintenance.
>>  
>> -Jane
>>  
>> WE’VE MOVED!
>>  
>> Jane A. Guy
>> Assistant Community Development Director
>> City of Salem
>> Department of Planning & Community Development
>> 98 Washington St., 2nd Floor
>> Salem, MA  01970
>> 978-619-5685
>> We no longer have a fax number.
>> jguy at salem.com <mailto:jguy at salem.com>
>> www.salem.com <http://www.salem.com/>
>>  
>>  
>>  
>>  
>> From: MassHistPres [mailto:masshistpres-bounces at cs.umb.edu <mailto:masshistpres-bounces at cs.umb.edu>] On Behalf Of Roughan, Michael
>> Sent: Wednesday, October 03, 2018 10:53 AM
>> To: 'masshistpres at cs.umb.edu <mailto:masshistpres at cs.umb.edu>'
>> Cc: peter lagoy (Peter_Lagoy at msn.com <mailto:Peter_Lagoy at msn.com>)
>> Subject: [MassHistPres] Tree survey
>>  
>> A concerned citizen in town has asked the Historical Commission to support a tree survey for specific Oak trees that may be 200 years old including a hemlock that was in a “King’s stand” that has been purported to have trees harvested for sailing ships prior to 1776. 
>>  
>> The HHC debated whether this work or subsequent tree maintenance work could be eligible for CPA funds. Has anyone done anything similar?
>>  
>> ….Mike
>>  
>> Michael Roughan, AIA, EDAC, LEED AP, ACHA
>> Chairman - Hopkinton Historical Commission 
>>  
>> Town of Hopkinton
>> 18 Main Street
>> Hopkinton, MA 01748 
>> 
>> D 617.357.7725 M 617.784.6463
>> 
>>  
>> 
>> 
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