IN THIS ISSUE

An historic district is an area which contains an architectural-historical quality and integrity that distinguishes it from adjoining locations. Historic districts come in two flavors--local, and National Register. Although both may recognize the special qualities of the same place, they have different purposes and effects.

The criteria for both are similar: An identifiable sense of time and place, together with architectural and historical significance, combining in something unique and worth preserving. Not all structures within an historic district are necessarily historical. As part of the process of establishing an historic district, everything in the area are inventoried, and then separated into buildings which contribute to the district and those which do not. Once the district is created, these two classes of structure are treated differently.

Although the defining criteria are similar for both local and National Register historic districts, how they are created and what happens afterward differ greatly:

Local historic districts are relatives of design-control zoning districts, where the appearance of structures is subject to control by a government body, in this case the Historic District Commission. Establishing a local historic district typically requires a study committee to establish a rationale, delineate the boundaries, and prepare the ordinance. In Massachusetts, the composition of the study committee is specified by law, public hearings must be held, and the by-law must be approved by a two-thirds vote of the municipal legislature.

Once a district is established, the local historic district commission exerts design control over all changes to structures within it, including new construction, remodelling, and demolition (Exterior paint color may be controlled, too, depending on the specific ordinance). The Commission's approval or a finding of "no adverse effect" must be obtained before a building permit can be issued.

By law, historic district commissions are supposed to confine themselves to the general appropriateness of the proposed changes, and stay out of matters of detail. Similarly, the commissioners' personal likes and dislikes are not supposed to be considered.

In contrast to local historic districts, National Register historic districts place few restrictions on property owners' rights. The National Register of Historic Places is the nation's central registry of places where a "quality of significance in American history, architecture, archeology, and culture is presentÉ" at the local, state, or national level, and there is "integrity of location, design, setting [etc.]." The word place is broadly construed; boats, aircraft, and railroad rolling stock have all been listed in the Register!

A National Register historic district, then, is simply an area that has been found by the local historical commission and the State historic preservation office to meet the criteria for listing, for which a formal nomination has been prepared, and which the Register has accepted.

For private residences and other non income-producing properties, a National Register historic district has no negative effect. It does not affect the owners' rights to use, change, or dispose of their properties, and often adds a cachet of historical significance. Some restrictions do apply to depreciable (income-producing) properties, primarily involving special tax-accounting treatment, but unless the property is to be rehabilitated under the tax-credit program or demolished, the effect is generally benign.

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HISTORICAL WHO?

What's in a name? A rose by another name would smell as sweetÉ but the names of the local historical agencies with which we come in contact can be confusing. There are three: Historical societies, Historical commissions (as they're known in Massachusetts; other names are used in other states), and Historic district commissions.

Historical societies are private organizations, formed to collect and preserve local history and artifacts relating to it. Many historical societies also maintain museums, which typically represent a view of how the community lived "back when." Historical societies, as associations of people who care about the local past, can be fun to work with, and are valuable resources on the local scene. They are not, however, associated in any way with government, and have little say about the way the world is run. Most historical societies depend on memberships and donations to support their budgets.

Historical commissions, on the other hand, are local government bodies. Their membership is usually appointed by the municipal executive board, and they are charged with identifying and working to preserve the community's historical resources. Historical commissions act as liaison with the State historic preservation office--in this state, The Massachusetts Historical Commission--which in turn connects to the Federal historic preservation program administered by the National Park Service. They report to the municipal executive board, and their basic funding comes from the municipal budget.

As government bodies, historical commissions conduct inventories of local historical assets, propose local historic districts, and initiate nominations to the National Register of Historic Places. When an historic property is threatened, the local historical commission, as a political body, may be able to provide assistance or bring modest pressure to bear, either in its own right or through its connections to the State preservation office. Historical commissions do not normally, however, have any power or control over what people can do with their properties.

Historic district commissions are also local government bodies, but where the historical commission's primary purpose is to advocate for preservation at the local level, the historic district commission is charged specifically with administering the terms of a local historic district ordinance by determining whether proposed changes to structures within the district (comprising new construction, and alteration--including repair and restoration--or demolition of existing structures) are appropriate before a building permit can be issued.

As we noted in the article on National Register and local historic districts, the local historic district commission is supposed to determine the general appropriateness of a proposal, and not get involved in such specific detail as, for instance, whether a column is plain or has flutes. Typically, a proposed change can be found to be Appropriate, Inappropriate, or to have No adverse effect.

Appropriate proposals are just that; the commission approves granting a building permit. Similarly, a proposal found Inappropriate would be denied a permit unless it were determined that failure to grant the permit would work a hardship. "No adverse effect" is a finding used for proposed work that will not affect the building's exterior appearance.

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