[MassHistPres] Historic restrictions

[Dennis De Witt]

Sally

I think that is a misunderstanding re interiors, restrictions often include interiors and I think perhaps perpetual ones must.  

This topic has come up several time in the past.  This is from comments by atty Stefan Negal back in 2012 re perpetual restrictions

> . . .  the municipal governing body (selectmen, aldermen, council) need to approve a preservation restriction for it to be deemed “perpetual” under chap. 184.  And any town divestment/transfer of property or a property interest requires town meeting approval.  . . .   Chapter 184 also requires state approval of restrictions.  . . . the MA Historical Commission . . .  approves historic preservation restrictions on behalf of the state. . .  the Executive Office of Energy and Environmental Affairs . . .  approves land conservation restrictions for the state. . . 


The fourth para of Section 31of MGL 184 says 

A preservation restriction means a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land or in any order of taking, appropriate to preservation of a structure or site historically significant for its architecture, archeology or associations, to forbid or limit any or all (a) alterations in exterior or interior features of the structure, (b) changes in appearance or condition of the site, (c) uses not historically appropriate, (d) field investigation, as defined in section twenty-six A of chapter nine, without a permit as provided by section twenty-seven C of said chapter, or (e) other acts or uses detrimental to appropriate preservation of the structure or site.  

Dennis De Witt
Brookline

> On Sep 29, 2022, at 2:07 PM, sally milne <urbanosally at gmail.com> wrote:
> 
> Thanks Joan. Exactly what I am worried about. My understanding of a historic preservation restriction is that it applies to the outside. What is the intent or need for the word facade then.
> The windows are extraordinary   windows of a religious themed  were donated to the church by our prominent philanthropist family. The Chases of Chase and Sunburn fame. 
> Their quality is Tiffany level apparently.
> Thanks for your thoughts,
> Sally
>> On Sep 29, 2022, at 12:48 PM, Joan Nix <jpnarchitect at gmail.com> wrote:
>> 
>> "Façade" is only the exterior, so the word should suffice. I would wonder, though, if what they really mean is the front or main façade; leaving alterations to the sides and rear an option for the affordable housing developer. The intention might be to preserve the main elevation or main façade, but not the sides and rear; or the intention might be to preserve the exterior in general on all sides and likely the roof, too.  I suggest it should be spelled out.  
>> I also question the Board of Selectmen holding the restriction, because it is difficult for me to see how they have the expertise to evaluate the changes that will be proposed to any façade or elevation. I am confident that windows will be replaced, for instance, and it will be important to determine if what the replacements are complies with historic preservation goals. I suggest that any alterations comply with the Secretary of the Interior Standards for the Treatment of Historic Properties. 
>> I am not sure what historic restrictions are.
>> Joan Nix
>> Orleans Historical Commission 
>> 
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>>  1. Historic preservation restrictions (sally milne)
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>> Message: 1
>> Date: Wed, 28 Sep 2022 12:42:30 -0400
>> From: sally milne <urbanosally at gmail.com>
>> To: Masshistpres <MassHistPres at cs.umb.edu>
>> Subject: [MassHistPres] Historic preservation restrictions
>> Message-ID: <3924E415-DE52-4E02-A6D4-15E255FF574D at gmail.com>
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>> 
>> Hello everyone,
>>    Our town is about to purchase the Historic West Harwich Baptist church, oldest baptist church on Cape Cod rebuilt (1871) and Jonathan Walker (man with the branded hand)  attended services here. 
>> The town proposes “ historic restriction to the facade” with the Board of Selectmen holding the restriction. They then propose to convey the property to a developer for affordable housing. We’ve had problems with Historic restrictions in town, either promised or not fulfilled. I envision Harwich BOS revoking or not even implementing the restriction after they gain control of the property.
>> They will use town funds for this purchase.
>> Shouldn’t the restriction run with the deed. ? and doesn’t a restriction apply only to the outside, the wording of facade is throwing me off. I will have to propose an amendment to the article proposed at the upcoming special town meeting. 
>> Anyone care to share ideas or experiences.
>> Thank you
>> Sally Urbano, West Harwich
>> An individual.
>> 
>> 
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