[MassHistPres] district & preservation advice

[Dennis De Witt]

Joe

Be aware that Brookline’s Neighborhood Conservation District (NCD) was nullified as a result of a law suit making multiple claims, some of which seemed dubious but the judge bought them all.  I would strongly urge that anyone considering an NCD have town counsel review it in the light of that decision — see Hancock Village I, LLC v. The Town of Brookline.

An NCD (aka ACD) is potentially a very powerful tool.  Brookline’s Hancock Village NCD was stronger than an LHD.  But the only reason we did that, rather than an LHD, was that much of Hancock Village was deemed not easily visible from a public way (in retrospect, including abutting municipal conservation lands, a lot of it would have been deemed visible).  Most NCDs are weaker, often much weaker, than an LHD.  Their big advantage is they do not need a ⅔ vote.  They can also address landscaping issues more completely.

Dennis De Witt
Brookline 

> On Aug 8, 2022, at 1:21 PM, Doherty, Jennifer (SEC) <jennifer.doherty2 at state.ma.us> wrote:
> 
> Hi Joe,
> First, you’ll find that very few communities have adopted architectural preservation/neighborhood conservation/architectural conservation districts. Some of the major ones are Boston, Brookline, Cambridge, and Lexington. Folks from those communities, or a visit to their websites, might help you with design guidelines. Most communities adopt local historic districts under MGL Chapter 40C, rather than architectural conservation districts. 
>  
> In terms of disposal, you will need to speak with your Town Counsel about options. If the Town is concerned about the preservation of the buildings, you will want a way to dispose of them that incorporates proposals, not just a highest bidder situation. Many communities have done Requests for Proposals to dispose of historic properties for redevelopment.
>  
> Finally, the properties are already somewhat protected by the architectural conservation district. A preservation restriction is the strongest form of protection for a property. It is a legally-binding covenant that runs with the land and grants a third party government or non-profit entity the right to review and approve all changes to the property. Unlike architectural conservation or local historic districts, preservation restrictions can cover the interior and exterior of a property and areas not visible from the public way. The MHC needs to review and approve all preservation restrictions held in perpetuity, so if this is something you are interested in please reach out to us early in the process.
>  
> Thank you,
> Jenn
>  
>  
> Jennifer B. Doherty
> Local Government Programs Coordinator
> Massachusetts Historical Commission
> 220 Morrissey Boulevard
> Boston, MA 02125-3314
> Office: (617) 727-8470
> Remote: (617) 807-0685
> Jennifer.Doherty at sec.state.ma.us <mailto:Jennifer.Doherty at sec.state.ma.us>
>  
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>  
> From: jlennerton at aol.com <mailto:jlennerton at aol.com> <jlennerton at aol.com <mailto:jlennerton at aol.com>> 
> Sent: Monday, August 8, 2022 1:07 PM
> To: masshistpres at cs.umb.edu <mailto:masshistpres at cs.umb.edu>
> Cc: Doherty, Jennifer (SEC) <Jennifer.Doherty at sec.state.ma.us <mailto:Jennifer.Doherty at sec.state.ma.us>>
> Subject: district & preservation advice
>  
> CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system.  Do not click on links or open attachments unless you recognize the sender and know the content is safe. 
>  
> 
> Hello everyone
> The town of Leicester at special town meeting last fall purchased the former Leicester campus of Becker College. This encircles a number of historic homes (including a documented stop on the Underground Railroad) and properties around a large section of the town common.
>  
> Some of the buildings will be retained for use as a new high school campus while many other of the historic houses will be sold.
>  
> When it was learned the college was going to close, the town voted to create an architectural conservation district in the area; this occurred months before the town purchased the property. 
>  
> The historical commission is seeking some specific advice:
> 1. What other cities and towns have an architectural conservation district and what specific guidelines do other architectural districts operate under?
> 2. How should the town dispose of the unwanted properties? There is talk of a public auction, but the historical commission has been getting strong advice that this is not the way to go. 
> 3. What kinds of specific preservation deeded covenants would be helpful for these properties?
>  
> Thank you
> Joe Lennerton
> Leicester Historical Commisison
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