Transcript Historic Preservation Restrictions

Preservation Restrictions
and the CPA
Western Massachusetts Conference on the
Community Preservation Act
University of Massachusetts, Amherst
April 28, 2007
Michael Steinitz
• Massachusetts Historical Commission
Historic Preservation
Restrictions
A legal means to provide a high level
of long term protection to significant
historic properties.
In use for over 50 years in
Massachusetts.
The Massachusetts Historical
Commission has a statutory role in
approving Historic Preservation
Restrictions.
Historic Preservation
Restrictions
Historic Preservation Restrictions
assure that the intrinsic value of
historic properties will be preserved
by present and future owners.
A voluntary
legal agreement
Nature and Purpose of a
Preservation Restriction
A legal agreement between a property
owner and a qualified restriction holding
organization.
Protects a significant historic property or
site for a term of years or in perpetuity.
Restricts future changes in appearance or
use of the property.
PRESERVATION RESTRICTION AGREEMENT
between the
PROPRIETORS OF THE SECOND CONGREGATIONAL MEETING HOUSE
IN NANTUCKET, MASSACHUSETTS
and the
BOARD OF SELECTMEN
OF THE TOWN OF NANTUCKET, MASSACHUSETTS
THIS PRESERVATION RESTRICTION, is made this 23 day of June, 2004, between the
Proprietors of the Second Congregational Meeting House ("Grantor") and the Board
of Selectmen of the Town of Nantucket ("Grantee"), a governmental body in the
Commonwealth of Massachusetts, to be administered, managed, and enforced by its
Historic District Commission ("HDC").
WITNESSETH:
WHEREAS, Grantor is owner in fee simple of certain real property located in the Town
of Nantucket, Nantucket County, Massachusetts, more particularly described in
Exhibit A attached hereto and incorporated herein (hereinafter "the Property"), said
Property including the following structure (hereinafter "the Building"):
Authorized by
M.G.L. Chapter 184, ss. 31-33
• Preservation, Conservation, Agricultural
Preservation, Watershed Preservation and
Affordable Housing Restrictions are all enabled
by Mass. General Law Chapter 184, ss. 31-33.
• Defines scope and intent of preservation
restrictions.
• Provides for their acquisition, recording at
Registry of Deeds, release, and assignment.
• All Preservation Restrictions must be approved
by the Massachusetts Historical Commission.
Preservation Restriction are
widely used.
Over 1000 Massachusetts properties
protected by Preservation Restrictions.
Restrictions granted to or purchased by:
Non-profit Preservation Organizations
Historical Societies
Municipalities
Other Government Agencies
Some uses of Preservation
Restrictions related to CPA
Required as a condition of a CPA grant.
Required as a condition of the use of a CPA
grant to purchase a significant historic
property.
Restriction can be purchased by a municipality
using CPA funds.
Restriction retained by a municipality when it
transfers of a historic property purchased
with CPA funds.
Unity Church, Easton
Seneca Boston House,
Nantucket
Aikin House, Dartmouth
Redwing Farm, Chelmsford
What Properties qualify for
protection by a Preservation
Restriction?
• Structures or sites must be significant for
their:
• Historic Architecture
• Archaeology
• Historic Associations
What defines a “significant”
Property?
Listed in or eligible for listing in the National
Register of Historic Places.
Contributing to a National Register Historic District
or eligible District.
Listed in the State Register of Historic Places.
Decisions on significance and eligibility are made
by the Massachusetts Historical Commission.
Who may hold a Preservation
Restriction for a municipallyowned property?
• A city or town may not hold a Restriction on
itself!
• A local historical commission or historic district
commission or any agent of town government
may not hold a restriction on a town-owned
property.
• The Restriction must be held by a qualified
governmental body or charitable trust.
What does a Preservation
Restriction Restriction
Protect? It can forbid or limit:
• Alterations to exterior or interior features of a
building or structure.
• Changes in the appearance or condition of the
site, including new construction.
• Uses that are not historically appropriate.
• Archaeology Field investigation without a State
Archaeologist’s permit.
• Other acts or uses detrimental to appropriate
preservation of the structure or site.
The Terms of the Restriction
• Must adequately protect the identified
character-defining historic features of the
property, buildings, structures and their setting.
• Must require owners to properly maintain the
property and its significant features.
• Can distinguish between major alterations that
require approval, and minor, routine
maintenance and repair.
What standards should determine
maintenance practices, allowable
changes and, “appropriate
preservation”?
• The Secretary of the Interior’s Standards for
the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating,
Restoring and Reconstructing Historic
Buildings provide a nationally recognized set
of guidelines for preservation, rehabilitation,
restoration and reconstruction.
Baseline Documentation
• The Restriction must establish those qualities of
the property that are to be protected under the
restriction.
• Must adequately describe in words and depict
in photographs the character-defining historic
features of the property.
• Must adequately describe and depict the
condition and appearance of the setting.
Provisions of the Agreement
must include:
• A Grantor’s Covenant to Maintain the Property;
Grantor’s Rights
• A list of Prohibited Activities, including
demolition
• A list of Activities Requiring notification of and
approval by Grantee
• Standards for Review and Administration
Procedures
• Grantee’s rights to inspection; legal Remedies
• Casualty damage; Insurance
MHC Review and Approval of
Preservation Restrictions
• Get MHC significance opinion for property
early on.
• Listed on the National Register?
• Usually require:
– Current MHC inventory form
– Current Photographs of all historic features
– Annotated Parcel Map
MHC Review and Approval of
Preservation Restrictions
• Contact MHC early in the process!
• Use MHC sample Restrictions and submit
DRAFT Preservation Restriction and Baseline
Documentation for review and comment.
• Allow adequate time for Review and Approval
process!
(Minimum 90 days)
Some Key MHC Standards
• The protections must be comprehensive
• They should protect the whole building or
site, its significant features, AND its
setting on the property
• The Agreement must cite the Secretary
of the Interior’s Standards for the
Treatment of Historic Properties
Keep these questions in mind:
• Does the property qualify for a Restriction?
• Does the Restriction adequately protect the
property?
• Is the CPA awardee able to convey the
Restriction? Leasees, mortgaged properties
• Do the terms of the Restriction meet the
Secretary of the Interior’s Standards?
• Do the terms meet Ch 184 requirements?