[MassHistPres] Perpetual historic preservation gl 184:31-33. Town seems clueless though voted at town meeting.

[annelusk at gmail.com]

Dear All,
     My impression is the stages and "penalty" are backwards.  "We   (the  development company) agree to enter into a mutually acceptable exterior historic preservation restriction upon the issuance of a certificate of occupancy."  To be issued a certificate of occupancy, they would have to have done all of the interior renovations which would require installation of doors and windows, heating units (if heat pumps and solar panels), and roof (add wider rafters to install more insulation?).  The type of windows and placement of doors they chose might not be acceptable for historic preservation.  The moment a certificate of occupancy is issued, the tenants/owners can move in.  Would the tenants/owners want of the exterior work to be undertaken while they are living inside?
      The owners of the new five bedroom, four bathroom, two car garage house that replaced a small workman's cottage on Hart Street were given a temporary certificate of occupancy by the Town of Brookline. They moved in and have continued to not correct the errors on the exterior grounds that are required in Brookline's zoning bylaws (fence is too tall and water will run from the side lawn into the neighbor's basement).
Anne  
    
Anne Lusk, Ph.D. 
18 Hart Street, Brookline, MA 02445 
Boston University Metropolitan College Lecturer – Urban Agriculture
617-879-4887 h
617-872-9201 c
https://www.mdpi.com/2071-1050/15/5/4436




-----Original Message-----
From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of sally milne via MassHistPres
Sent: Friday, November 17, 2023 10:34 AM
To: MHC MHC Listserve <MassHistPres at cs.umb.edu>
Subject: [MassHistPres] Perpetual historic preservation gl 184:31-33. Town seems clueless though voted at town meeting.


Hello
   I’m seeking your experience . Our town entered into a complex purchase and sale with  a development company to use the Historic West Harwich Baptist Church for housing.

The church is within Captains’ Row a developing National Register district and a District of Critical Planning concern.  It is listed on MACRIS .

To be able to do this project a town created  article was on town meeting warrant. An Amendment was made  to that article and passed that a  perpetual Historic preservation restriction be placed on the church that would meet gl.184;31-33

However what might you advise me as the town in its purchase and sale agreement  now has language that says:

"We   (the  development company) agree to enter into a mutually acceptable exterior historic preservation restriction upon the issuance of a certificate of occupancy."

I have concerns here and hope to hear any of your impressions or similar experiences as I try to make sure  the intent of the amendment is followed.

Thank you
Sally Urbano
West Harwich
_______________________________________________
MassHistPres mailing list
MassHistPres at cs.umb.edu
https://mailman.cs.umb.edu/listinfo/masshistpres