[MassHistPres] Historic restrictions

[Sarah White]

Sally -

A preservation restriction, even one held by a municipality, can include interior features as well as exterior, if the interest - and political will -  to do so is there. We have done these in Somerville, particularly on CPA-historic preservation-funded projects where meaningful.

To Joan's point, how the term "facade" is defined is important. By definition, facade refers to the exterior, but, more importantly, typically means the main exterior front of the building only. Colloquially, people often use the term "facade" to mean any exterior wall of the building. But, colloquially used versus legally defined are two different things. When/if a PR is created, specifically defining what is meant by terms such as "facade" is critical to do in the PR itself.

To your question about tying the PR to the deed, this is achieved by requiring the PR to be recorded with the Registry of Deeds. The Map/Block/Lot number of the building's parcel should be noted in the PR as well as the book/page of the deed referenced.

PRs can run for varying lengths of time. PRs in perpetuity must be reviewed by the Massachusetts Historical Commission (MHC) (if Jenn Doherty or Michael Steinitz are reading this, please correct me if I am wrong). Professionally, with a building of this nature, I would not recommend anything less than a PR in perpetuity.

The monitoring and follow-up by a select board will be challenging. If you have Staff Planners or a Planning Director, hopefully the responsibility for monitoring will rest with them.

Good luck.


Sarah White, MDS-HP

Senior Planner

Planning, Preservation, & Zoning Division

City of Somerville

93 Highland Avenue

Somerville, MA 02143


________________________________
From: MassHistPres <masshistpres-bounces at cs.umb.edu> on behalf of sally milne <urbanosally at gmail.com>
Sent: Thursday, September 29, 2022 2:07 PM
To: Joan Nix <jpnarchitect at gmail.com>
Cc: masshistpres at cs.umb.edu <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] Historic restrictions

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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> 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>
> Content-Type: text/plain; charset=utf-8
>
> 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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