PreservationPreservation Restrictions and the CPARestrictions and the CPA Western Massachusetts Conference on Western Massachusetts Conference on

the Community Preservation Actthe Community Preservation Act

University of Massachusetts, Amherst University of Massachusetts, Amherst

April 28, 2007April 28, 2007

Michael SteinitzMichael Steinitz• Massachusetts Historical Massachusetts Historical CommissionCommission

Historic Preservation Historic Preservation RestrictionsRestrictionsA legal means to provide a high A legal means to provide a high level of long term protection to level of long term protection to significant historic properties.significant historic properties.

In use for over 50 years in In use for over 50 years in Massachusetts.Massachusetts.

The Massachusetts Historical The Massachusetts Historical Commission has a statutory role Commission has a statutory role in approving Historic in approving Historic Preservation Restrictions.Preservation Restrictions.

Historic Preservation Historic Preservation RestrictionsRestrictions

A voluntarylegal agreement

Historic Preservation Historic Preservation Restrictions assure that the Restrictions assure that the intrinsic value of historic intrinsic value of historic properties will be preserved by properties will be preserved by present and future owners.present and future owners.

Nature and Purpose of a Nature and Purpose of a Preservation Restriction Preservation Restriction

A legal agreement between a property A legal agreement between a property owner and a qualified restriction owner and a qualified restriction holding organization.holding organization.

Protects a significant historic property Protects a significant historic property or site for a term of years or in or site for a term of years or in perpetuity.perpetuity.

Restricts future changes in Restricts future changes in appearance or use of the property.appearance or use of the property.

PRESERVATION RESTRICTION AGREEMENTPRESERVATION RESTRICTION AGREEMENT

between thebetween the

PROPRIETORS OF THE SECOND CONGREGATIONAL MEETING HOUSEPROPRIETORS OF THE SECOND CONGREGATIONAL MEETING HOUSE

IN NANTUCKET, MASSACHUSETTSIN NANTUCKET, MASSACHUSETTS

and theand the

BOARD OF SELECTMENBOARD OF SELECTMEN

OF THE TOWN OF NANTUCKET, MASSACHUSETTSOF THE TOWN OF NANTUCKET, MASSACHUSETTS

  THIS PRESERVATION RESTRICTION, is made this THIS PRESERVATION RESTRICTION, is made this 23 day of June, 2004, between the 23 day of June, 2004, between the Proprietors of the Second Congregational Meeting House ("Grantor") and the Board of Proprietors of the Second Congregational Meeting House ("Grantor") and the Board of Selectmen of the Town of Nantucket ("Grantee"), a governmental body in the Selectmen of the Town of Nantucket ("Grantee"), a governmental body in the Commonwealth of Massachusetts, to be administered, managed, and enforced by its Commonwealth of Massachusetts, to be administered, managed, and enforced by its Historic District Commission ("HDC").Historic District Commission ("HDC").

  

WITNESSETH:WITNESSETH:

WHEREAS, Grantor is owner in fee simple of certain real property located in the Town of 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 Nantucket, Nantucket County, Massachusetts, more particularly described in Exhibit A attached hereto and incorporated herein (hereinafter "the Property"), said Property attached hereto and incorporated herein (hereinafter "the Property"), said Property including the following structure (hereinafter "the Building"):including the following structure (hereinafter "the Building"):

  

Authorized byAuthorized byM.G.L. Chapter 184, ss. M.G.L. Chapter 184, ss.

31-3331-33• Preservation, Conservation, Agricultural Preservation, Preservation, Conservation, Agricultural Preservation,

Watershed Preservation and Affordable Housing Watershed Preservation and Affordable Housing Restrictions are all enabled by Mass. General Law Restrictions are all enabled by Mass. General Law Chapter 184, ss. 31-33.Chapter 184, ss. 31-33.

• Defines scope and intent of preservation restrictions.Defines scope and intent of preservation restrictions.

• Provides for their acquisition, recording at Registry of Provides for their acquisition, recording at Registry of Deeds, release, and assignment.Deeds, release, and assignment.

• All Preservation Restrictions must be approved by the All Preservation Restrictions must be approved by the Massachusetts Historical Commission.Massachusetts Historical Commission.

Preservation Restriction Preservation Restriction are widely used. are widely used. Over 1000 Massachusetts properties Over 1000 Massachusetts properties

protected by Preservation protected by Preservation Restrictions.Restrictions.

Restrictions granted to or purchased by:Restrictions granted to or purchased by:

Non-profit Preservation OrganizationsNon-profit Preservation Organizations

Historical SocietiesHistorical Societies

MunicipalitiesMunicipalities

Other Government AgenciesOther Government Agencies

Some uses of Preservation Some uses of Preservation Restrictions related to Restrictions related to CPA CPA Required as a condition of a CPA grant.Required as a condition of a CPA grant.

Required as a condition of the use of a Required as a condition of the use of a CPA grant to purchase a significant CPA grant to purchase a significant historic property.historic property.

Restriction can be purchased by a Restriction can be purchased by a municipality using CPA funds. municipality using CPA funds.

Restriction retained by a municipality Restriction retained by a municipality when it transfers of a historic property when it transfers of a historic property purchased with CPA funds.purchased with CPA funds.

Unity Church, Easton Unity Church, Easton

Seneca Boston House, Seneca Boston House, NantucketNantucket

Aikin House, DartmouthAikin House, Dartmouth

Redwing Farm, Redwing Farm, ChelmsfordChelmsford

What Properties qualify What Properties qualify for protection by a for protection by a Preservation Restriction?Preservation Restriction?

• Structures or sites must be Structures or sites must be significantsignificant for their:for their:

•Historic ArchitectureHistoric Architecture

•ArchaeologyArchaeology

•Historic AssociationsHistoric Associations

What defines a What defines a “significant” Property?“significant” Property?Listed in or eligible for listing in the National Listed in or eligible for listing in the National

Register of Historic Places.Register of Historic Places.

Contributing to a National Register Historic Contributing to a National Register Historic District or eligible District.District or eligible District.

Listed in the State Register of Historic Places.Listed in the State Register of Historic Places.

Decisions on significance and eligibility are Decisions on significance and eligibility are made by the Massachusetts Historical made by the Massachusetts Historical Commission.Commission.

Who may hold a Who may hold a Preservation Restriction Preservation Restriction for a municipally-owned for a municipally-owned property?property?• A city or town mayA city or town may not not hold a Restriction hold a Restriction

on itself!on itself!

• A local historical commission or historic A local historical commission or historic district commission or any agent of town district commission or any agent of town government may not hold a restriction on government may not hold a restriction on a town-owned property. a town-owned property.

• The Restriction must be held by a The Restriction must be held by a qualified governmental body or charitable qualified governmental body or charitable trust.trust.

What does a Preservation What does a Preservation Restriction Restriction Restriction Restriction Protect? It can forbid or Protect? It can forbid or limit:limit:• Alterations to exterior or interior features of a Alterations to exterior or interior features of a

building or structure.building or structure.

• Changes in the appearance or condition of the Changes in the appearance or condition of the site, including new construction.site, including new construction.

• Uses that are not historically appropriate.Uses that are not historically appropriate.

• Archaeology Field investigation without a State Archaeology Field investigation without a State Archaeologist’s permit.Archaeologist’s permit.

• Other acts or uses detrimental to appropriate Other acts or uses detrimental to appropriate preservation of the structure or site.preservation of the structure or site.

The Terms of the The Terms of the RestrictionRestriction• Must adequately protect the identified Must adequately protect the identified

character-defining historic features of the character-defining historic features of the property, buildings, structures and their property, buildings, structures and their setting.setting.

• Must require owners to properly maintain Must require owners to properly maintain the property and its significant features.the property and its significant features.

• Can distinguish between major Can distinguish between major alterations that require approval, and alterations that require approval, and minor, routine maintenance and repair.minor, routine maintenance and repair.

What standards should What standards should determine maintenance determine maintenance practices, allowable changes practices, allowable changes and, “appropriate and, “appropriate preservation”?preservation”?

• The Secretary of the Interior’s Standards The Secretary of the Interior’s Standards for the Treatment of Historic Properties for the Treatment of Historic Properties with Guidelines for Preserving, with Guidelines for Preserving, Rehabilitating, Restoring and Rehabilitating, Restoring and Reconstructing Historic BuildingsReconstructing Historic Buildings provide a nationally recognized set of provide a nationally recognized set of guidelines for preservation, guidelines for preservation, rehabilitation, restoration and rehabilitation, restoration and reconstruction.reconstruction.

Baseline DocumentationBaseline Documentation

• The Restriction must establish those The Restriction must establish those qualities of the property that are to be qualities of the property that are to be protected under the restriction.protected under the restriction.

• Must adequately describe in words and Must adequately describe in words and depict in photographs the character-depict in photographs the character-defining historic features of the property.defining historic features of the property.

• Must adequately describe and depict the Must adequately describe and depict the condition and appearance of the setting.condition and appearance of the setting.

Provisions of the Provisions of the Agreement must include:Agreement must include:

• A Grantor’s Covenant to Maintain the Property; A Grantor’s Covenant to Maintain the Property; Grantor’s RightsGrantor’s Rights

• A list of Prohibited Activities, including A list of Prohibited Activities, including demolitiondemolition

• A list of Activities Requiring notification of and A list of Activities Requiring notification of and approval by Granteeapproval by Grantee

• Standards for Review and Administration Standards for Review and Administration ProceduresProcedures

• Grantee’s rights to inspection; legal RemediesGrantee’s rights to inspection; legal Remedies

• Casualty damage; InsuranceCasualty damage; Insurance

MHC Review and Approval MHC Review and Approval of Preservation of Preservation RestrictionsRestrictions

• Get MHC significance opinion for Get MHC significance opinion for property early on.property early on.

• Listed on the National Register?Listed on the National Register?

• Usually require:Usually require:– Current MHC inventory formCurrent MHC inventory form

– Current Photographs of all historic Current Photographs of all historic featuresfeatures

– Annotated Parcel MapAnnotated Parcel Map

MHC Review and Approval MHC Review and Approval of Preservation of Preservation RestrictionsRestrictions• Contact MHC early in the process!Contact MHC early in the process!

• Use MHC sample Restrictions and submit Use MHC sample Restrictions and submit DRAFT Preservation Restriction and DRAFT Preservation Restriction and Baseline Documentation for review and Baseline Documentation for review and comment.comment.

• Allow adequate time for Review and Allow adequate time for Review and Approval process!Approval process!

(Minimum 90 days)(Minimum 90 days)

Some Key MHC StandardsSome Key MHC Standards

• The protections must be comprehensiveThe protections must be comprehensive

• They should protect the whole building They should protect the whole building or site, its significant features, AND its or site, its significant features, AND its setting on the propertysetting on the property

• The Agreement must cite the Secretary The Agreement must cite the Secretary of the Interior’s Standards for the of the Interior’s Standards for the Treatment of Historic PropertiesTreatment of Historic Properties

Keep these questions in Keep these questions in mind:mind:• Does the property qualify for a Restriction?Does the property qualify for a Restriction?

• Does the Restriction adequately protect Does the Restriction adequately protect the property?the property?

• Is the CPA awardee able to convey the Is the CPA awardee able to convey the Restriction? Leasees, mortgaged Restriction? Leasees, mortgaged propertiesproperties

• Do the terms of the Restriction meet the Do the terms of the Restriction meet the Secretary of the Interior’s Standards?Secretary of the Interior’s Standards?

• Do the terms meet Ch 184 requirements?Do the terms meet Ch 184 requirements?