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

[Gretchen Schuler]

Seems to me that the town has to decide whether it will uphold the action
of Town Meeting or not,and what are the repercussions of not acting
according to the article passed at Town Meeting. It is highly unlikely that
a botched rehab would qualify for a PR according to MGL Chapter 184;
Sections 31-33.  That PR has to identify the character-defining features
that must be preserved. What if the developer does not agree with what
would be required by MGL - how do you get to a mutually agreed upon PR?
Sounds like the Town has a P&S that is inconsistent with Town Meeting
action - which prevails?

Gretchen Schuler
Wayland

On Fri, Nov 17, 2023 at 10:59 AM sally milne via MassHistPres <
masshistpres at cs.umb.edu> wrote:

>
> 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
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