Transcript Slide 1
The Built Environment: Historical Preservation & More IMLA New England Regional Land Use Seminar Presented by Nadine Peterson, NH Division of Historical Resources (DHR) Jay Wickersham, Noble & Wickersham LLP Historic Preservation Laws & Regulations • Federal Review Program (Section 106) • State Review Programs • Local Historic District Commissions • Historic Preservation Restrictions / Easements • State and Federal Tax Credit Programs Section 106 All federally funded, licensed, or permitted projects are subject to review under the National Historic Preservation Act (NHPA) and Section 106 (36 CFR 800), regardless of the proposed activity. Historic preservation review and compliance, or Section 106, is a consultation process that identifies significant historic properties so that impacts caused from government-assisted actions can be avoided, minimized, or mitigated. It is intended to be a balance of public interest and concern for historic resources with public benefit generated from governmental initiatives. What Is a Historical Resource? A district, site, building, structure or object that is significant in the history, architecture, engineering, archaeology or culture of this state, its communities, or the nation. Historic Buildings and Structures Archaeological Resources 4 Basic Steps: • Determine whether historical or archaeological resources are located within the project area. – Applicant is responsible for required surveys if property has not been previously surveyed (professional consultants do the work) • Determine whether project will have an effect on identified resources. • Determine whether effect is adverse, if so, can effect be avoided, minimized or mitigated. • If adverse effects cannot be avoided or minimized, the federal agency and DHR work with applicant to create a mitigation package to address impacts. Project Review • The DHR utilizes the Request for Project Review Form (RPR) to initiate review. The form can be found on the DHR website: – www.nh.gov/nhdhr • With the form applicants need to include a narrative of the proposed undertaking; photographs; and have conducted a files search at the DHR • INCLUDE SELF-ADDRESSED STAMPED ENVELOPE for an expedited response What happens next? • After information is presented to DHR, the review process begins. • The DHR has 30 days to respond. • If the DHR does not have enough information to make an informed decision, a request will be made to provide additional documentation on the project area. • DHR reviews findings of surveys conducted. • Archaeological surveys are conducted in Phases (Ia/Ib, II, and III) if necessary. • Inventory Forms are reviewed at a twice monthly Determination of Eligibility Meeting. Projects that protect historical resources, or create little or no impacts, move very quickly through Section 106 review. What are the ramifications if DHR identifies a significant historic resource? •Review alternatives to determine one that has the least impact to the resource. •Work with the Federal Agency, consulting parties, and the public to identify mitigation measures if preferred alternative results in an Adverse Effect. •Develop a Memorandum of Agreement that outlines stipulations that will mitigate for the loss of the historic resource or its characterdefining features. Case Study: Hannaford Supermarket, Kingston, New Hampshire Ames Shovel Works, North Easton, MA • 9 granite factory buildings, built 1852 – 80; early site of assembly line mass production • Listed on State and National Registers of Historic Places • No local historic district commission • Proposed for mixed-income housing under M.G.L. ch. 40B • State DEP wastewater permit triggered Mass. Historical Commission review • Local citizens group developed alternative plan, preserving historic character, and using federal and state tax credits Ames Shovel Works, North Easton, MA Ames Shovel Works, North Easton, MA Ames Shovel Works, North Easton, MA Ames Shovel Works, North Easton, MA Ames Shovel Works, North Easton, MA Results: • Listed by National Trust as one of 11 Most Endangered Historic Sites in country • Local planning board imposed conditions on zoning approval to protect historic buildings • Another developer, Beacon Communities, bought site, followed plan, using historic tax credits and town financial support • Beacon Communities broke ground on project on June 8 Lafayette School Portsmouth, NH Doloff Building, State Hospital Concord, NH Monadnock Mills #2 & #6 Claremont, NH Mills closed in 1932 Listed to National Register 1979 Sugar River Mills Redevelopment LLC completed rehabilitation in 2009 Utilized the 20% Federal Preservation Tax Credit Currently houses the Common Man Inn and Restaurant and Red River Computers For more information on Section 106 Review and Compliance Contact: Christina St. Louis, R&C Program Specialist 603-271-3558 ([email protected]) Nadine Peterson, Preservation Planner 603-271-6628 ([email protected]) Edna Feighner, Archaeologist/R&C Coordinator 603-271-2813 ([email protected])