[MassHistPres] Historic preservation restrictions

[Tag Carpenter]

Hello Sally

Duxbury is in the throes of this process.  The Town purchased an historic farm with CPA funds, triggering the CPA act requirement to put in place a Historic Preservation Restriction.  Since you mentioned the use of Town funds that regulation may not come into play.

The Duxbury Historical Commission researched how to engage a non-profit to hold the restriction.  Since the Town did not allocate any funding source, we could not endow the restriction.  As a result, it will be held by the Town, with the Historical Commission as the Grantee, through the Selectboard.  I can't even imagine a Selectboard enforcing a preservation restriction.  Even for the Historical Commission, it is a big ask of the volunteers.

Because the municipality is the Grantee, the HPR must include specific language to grant the easement for 99 years, with a 20 year renewal cycle thereafter.  There was also discussion of protecting the interior, which was soundly rejected.  The degree of exterior protection desired and recommended by the MHC is the entire building.  I've been told that they will not sign on to a Façade Only restriction.

As noted in other replies, the HPR must be registered with the deed. Ibn our case, the agreement is required by the Purchase and Sale Agreement.  We have also been advised to include language that places the preservation interest ahead of any lien or borrower's financial interest in the property, lest a bank strip the restriction away in a future transaction.

There are certainly challenges in municipal HPRs - it is not preferred, compared to having a professional third party oversee the restriction, with the appropriate staff and processes in place.  Citizens would rather not have agents of the government looking in on their private affairs.  It must be handled in a very sensitive way, as a partnership.  It is possible!

I would be happy to discuss this with you in more detail.

Best of luck!

 - RT Carpenter
Chair, Duxbury Historical Commission
Duxbury, MA USA

> On 09/28/2022 12:42 PM sally milne <urbanosally at gmail.com> wrote:
> 
>  
> 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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