Art. 8(c) - Historic Preservation Restriction should be required to establish a public benefit

[Kevin Johnson]

First Parish Church should agree to an Historic Preservation Restriction as a condition of this proposed funding. From the Massachusetts Community Preservation Coalition's web page Using CPA For Historic Preservation of Churches and other Religious Institutions (last sentence):

DOR suggested, however (in an opinion letter), that grants to private organizations for historic preservation require an historic preservation restriction be conveyed to secure the public’s benefit from the grant.

Without the restriction there's not a direct demonstrable public benefit from this funding IMHO. Note that FPC is already paid by organizations using the building for public events.

Three members of the CPC abstained from voting to recommend 8(c). The Appropriations Committee Report says about 8(c): "The Committee is strongly divided on this request. As of publication, the Committee’s vote of (3-3-2) means we do not recommend approval of 8(c). Members have expressed concerns about the appropriation of public funds for a building that does not serve a primarily public purpose, government support for a religious organization, the comparatively small amount of privately raised funding, and the possibility that approving this request would encourage a larger follow-up request to address problems identified in the Historic Structure Report."

Kevin Johnson
Pct. 3

[andrei radulescu-banu]

(Speaking for myself here, not any committee.)

Kevin, intriguing suggestion about the public preservation restriction. I have attended today's Open House at First parish - about 10-15 Town Meeting members were present, some supporting the project, a few opposed - and got to see up close some of the elements of the building needing work. These include the windows, which are original; the front steps; the electrical system, which is quite old; possibly other elements. The purpose of the study up for funding in this article is to identify more precisely these elements, and to propose design solutions.

The DoR recognizes that Community Preservation Act funds may be used to fund restoration or rehabilitation of private buildings, or sites. The test is that the expenditure must advance a public purpose - for example, preserving historic elements in a building that all residents can visit, view and enjoy.

It is federal and state programs granting funds for restoration that "typically" result in the public acquiring a historic preservation restriction. This may or may not be necessary in this case, because any renovation of this structure has to be accepted by the Historic District Commission, whether with public or private funds (should the article not be adopted...).

Now I am not an expert in how the Historic District Commission operates, and to what level of architectural detail their review goes. Perhaps someone can explain better than I can the difference between a Historic District Commission architectural review and a public preservation restriction review.

One point I'd like to make, however, is that imposing a restriction (by the Historic District Commission, or a public preservation restriction...) is not the same thing as also providing funds to do the necessary repairs, and to do them right, to the smallest detail.

Erik Svenson <Erik.S...@microsoft.com>, who was one of the presenters at the Open House, kindly forwarded me a list of CPA projects in Massachusetts towns involving churches, attached below.

Thanks,

Andrei Radulescu-Banu, Pct 8

=====

The list below is a partial extract from the CPA database: http://www.communitypreservation.org/projects/report

CPA Projects involving churches

Saturday, March 21, 2015

10:03 PM

 

Barnstable

First Baptist Church

Complete restoration and preservation of 8 stained glass windows in the sanctuary of the Church, including removal for off-site restoration and re-leading of the glass, repairs to the wooden frames and reinstallation of the windows in the condition of original installation in 1897.

7/31/2007

>

 

 

 

Bridgewater

First Parish Unitarian Universalist Church/exterior doors and shutters

First Parish Unitarian Universalist Church for the restoration of exterior doors and shutters

5/5/2008

 

 

 

 

Cambridge

First Church of Christ, Scientist

Reseal existing copper dome

10/6/2011

 

Cambridge

First United Presbyterian Church

Restore or replace deteriorated shingles, wood trim, and sheet metal buttress caps

 

 

Cambridge

First Church of Christ, Scientist

Masonry repair of windows at 1920s Georgian revival church

 

>

Cambridge		First Baptist Church		On-going repairs to exterior masonry at significant brick church	12/4/2008
Cambridge		First Baptist Church		Ongoing exterior restoration of significant 1881 Queen Anne church building by Hartwell and Richardson, including repair of roof and masonry (NR)	1/15/2008
Cambridge		First Church of Christ, Scientist		Exterior repairs to 1920s Georgian revival church, including roof, dome, cornices, and skylights (NR)	12/7/2006
Cambridge		First Church, Congregational		Repairs to main slate roof of significant 1870 Romanesque stone church building and to the membrane roof of the church 1926 parish house complex. (NR)	5/4/2006
Cambridge		First United Presbyterian Church		Exterior renovation of 1893 church building, including repair of the main and towers roofs and installation of a fire alarm	6/26/2005
Cambridge		First Baptist Church		Exterior restoration of significant 1881 Queen Anne church building by Hartwell and Richardson, including repair of roof and masonry (NR)	5/5/2005
Chelmsford	Town Clock located in First Parish Steeple		To rebuild and restore the Historic Town Clock and the steeple in which the clock resides. The Munson Slate roof is also restored. The Town Clock, built by the Howard Clock Company, was installed in a new Steeple for the First Parish Unitarian Church in 1879.		4/25/2011
Cohasset	First Parish in Cohasset window restoration		Restore windows in the old Meetinghouse known as First Parish Church		5/21/2012
Cohasset	Town Clock restoration		Restore face and numerals to Town owned clock located in the Steeple of First Parish Church		5/21/2012
Concord	Town House Brownstone Repairs		Funding to hire consultants to complete a report on the condition of the exterior masonry and finishes (in particularly the brownstone elements) including cost estimates for the work needed to restore the exterior envelope of Concord's Town House. This project is considered to be the first phase of a multi-year project.		4/26/2012
Deerfield	First Church Railings		Purchase and installation of historically accurate railings for the First Church of Deerfield		4/25/2011
Duxbury	First Parish Church		restoration of windows		3/13/2010
Hadley	First Church		Replace and Paint detiorated columns of steeple		5/3/2012
Hamilton	Renovations of Historic Bell at the First Congregational Church of Hamilton		To fund renovations that will enable the historic bell at the First Congregational Church of Hamilton to ring at time intervals synchronized with the Town Clock.		5/6/2008
Hatfield	Renovations to the First Congregational Church of Hatfield		Restoration and rehabilitation of the steeple/clock tower, front columns and entry platform of the historic First Congregational Church of Hatfield		5/12/2009
Holliston	First Congregational Church		Provide matching funds with First congregational Church to hire an architectural firm and historic preservation consultant to evaluate structural, mechanical and material problems of teh 1822-1859 church building and to recommend corrective language.		5/5/2008
Hubbardston	First Parish Unitarian Church of Hubbardston		reapir steeple, bell tower, roof and masonary work and painting of historic Greek Revival church		6/3/2008
Hubbardston	Flag Pole and Clock Faces		Restoration of historic flag pole on town common and clock faces located in steeple of First Parish Unitarian church		6/3/2008
Kingston	Congregational Church Rehabilitation		Historic rehabilitation of the windows, shutters, and trim; front entracne doors and step; steeple, belfry and louvers; and Town Clock at the First Congregational Church, 222 Main St. Kingston		4/10/2012
Manchester	First Parish Church		To repair the first floor structural system at First Parish Church		4/4/2006
Monson	First Church of Monson		Scraping paint from old siding, replace weather-damaged boards as needed, and to prime and paint the North and East sides of the church.		11/24/2008

 

Nantucket	First Congregational Church	Exterior of east facing wall including the tower	4/8/2008
Nantucket	First Congregational Church Preservation	For preservation work at the First Congregational Church of Nantucket	4/9/2007
Newburyport	Old South Restoration	First Presbyterian Church requested funding from teh CPA to support on-going preservation efforts. The award would fill a gap in funds needed to restore the sanctuary facade facing Beck Street as well as the vestry elevations facing Beck and School Street. Structural and surface preparation, including replacement of clapboard and trim, and painting will take place.	8/11/2008
Newburyport	Old South Steeple Stabilization	For the stabilization of the Old South Steeple, located at the First Presbyterian Church	6/15/2006
Northampton	First Churches Historic Restoration	Restoration of historic meetinghouse slate roof	5/15/2008
Northfield	First Parish Unitarian Webster Room Foundation and Floor	Restoration and Repairs to Foundation and Floor of First Parish Unitarian Webster Room. Repair to the foundation of the church and adjacent flooring under the Webster Community Room. Includes permits, removing flooring and subflooring, removing rotted joists and beams, removing rotted section of sill, pouring concrete footings, repair to foundation, replacing sill, beams and joists, replacing, sanding and polyeurethane coating for new flooring, clean up and dumping fees.	2/25/2013
Orleans	Orleans Historical Society Meeting House	The first step in the restoration of the Meeting House: to re-roof the building, since the original roof was severely damaged in a storm in 2005 and makes the building especially vulnerable to future inclement weather	10/15/2006
Plymouth	First Parish Meeting House Church	Preservation, rehabilitation, restoration of forty stained glass windows.	4/7/2012
Quincy	First Baptist Church	historic windows preservation	6/18/2012
Quincy	United First Parish Bell Tower Restoration	Restoration of the bell tower	6/28/2010
Quincy	United First Parish Bell Tower Restoration	Restore the bell tower.	6/18/2007
Rockport	First Congregational Church Old Sloop Bldg.	Historic restoration and preservation of the exterior of the Old Sloop building of the First Congregational Church, including the roof and windows, the front facade and steeple having previously been restored	9/14/2009
Rockport	First Congregational Church steeple	For historic restoration of the church steeple, clockworks and facade on the First Congregational Church of Rockport, and to authorize the Rockport Historical Commission to accept an historic preservation restriction	9/11/2006
Rowley	Historic Congregational Church Restoration	To continue funding the restoration of the Town Clock in the First Congregational Church of Rowley.	11/13/2006
Rowley	Historic Congregational Church Restoration	To restore and preserve the clock and the steeple that supports the clock at the First Congregational Church of Rowley	11/15/2005
Sandwich	First Church of Christ	Additional appropriation for preservation work at the First Church of Christ	5/7/2007
Sandwich	First Church of Christ	For performing preservation architectural and other professional services for the First Church of Christ. The Church is an active church in a historic building located at the center of the village historic area.	5/1/2006
Scituate	First Baptist Church National Register Nomination	Fund up to $5000 to engage the necessary services to apply for the nomination of the First Baptist Church to the National Register of Historic Places	4/12/2010
Scituate	First Baptist Church Records Preservation	Fund up to $8000 to preserve historical documents relating to the history of the members and operation of the historic church. A professional conservator must examine the documents first, his cost to to exceed $1000, and provide a recommendation to the CPC before any further funds are released.	4/11/2010
Southampton	Historic First Church Accessibility	The historic church used also by many town groups was not handicap accessible. The funds from CPA allowed for all the work to be completed at once.	5/15/2012
Stockbridge	First Congregational Church of Stockbridge	to replicate and replace historic weathervane.	5/16/2011
Tisbury	First Baptist Church	Complete restoration and repair of the stained glass windows at the First Baptist Church	4/10/2012
Tisbury	First Baptist Church	To fund the remaining restoration and repair of the historic stained glass windows in the First Baptist Church	4/12/2011
Tisbury	First Baptist Church	Repair stained glass in historic Baptist Church	4/13/2010
Tisbury	First Baptist Church	Rebuild Historic Stained Glass Window	4/14/2009
Tyngsborough	First Parish Meeting House	Purchase and restoration of the First Parish Meeting House and incidental costs related thereto.	5/21/2013

 

Brewster	Historic Preservation: 9b. Brewster Meetinghouse Preservation Project	Built in 1834, the Brewster Meeting House, a centerpiece in Brewster's Historic District has been an integral part of Brewster's history. It features arching windows, a clock tower and a steeple, making it the tallest building in the historic center of town. The building is under threat from long-term damage caused by insects and water. The posts and beams, roof, foundation, and siding are all severely compromised. CPA funds are only being used for restoration of the exterior.	5/2/2011
Cohasset	First Parish in Cohasset window restoration	Restore windows in the old Meetinghouse known as First Parish Church	5/21/2012
Gloucester	Universalist Meetinghouse Resoration Phase II	Built in 1805-06 the Meetinghouse is listed on the National Register of Historic Places and is the oldest standing church in Gloucester. It is an often-cited example of a design popularized by an early American architect, Asher Benjamin. the 155-foot lantern tower lighted at night is an iconic symbol of the City and has guided mariners in to Gloucester Harbor for more than 200 years. The Meetinghouse hosts dozens of public events each year including theatrical and musical performances, lectures, benefit events and group meetings. The Sanctuary and other areas where these events are held are now inaccessible to persons unable to navigate stairs. CPA funding will help make this historically important building accessible to persons with disabilities, through the installatin of a platform lift elevator to serve both a downstairs Vestry and the 300 seat main Sanctuary above. Lavatories for use by persons with physical disabilities will also be constructed.	1/28/2011

 

Barnstable	Unitarian Church Restoration	To fund the preservation of the rear windows and the access door to the side graveyard, and to restore the library room at the Unitarian Universalist Church.	12/7/2006
Belchertown	United Church of Christ	Painting of the Historic Church Building on the Town Common	5/14/2012
Belchertown	Hope United Methodist Church	Rehabilitation of the Hope United Methodist Church for ADA compliance, including an elevator, and historic preservation restriction	5/13/2013

 

 

Cambridge

St. Mary of the Annuciation Church, 125 Norfolk Street

Repair or restore masonry at school building at 52 Essex Street, designed by Edward T. Graham in 1914; part of St, Mary's church complex

7/7/2012

 

 

Cambridge

Western Avenue Baptist Church, 299 Western Avenue

Extensive exterior repairs to 1875 wood-shingled structure. Originally a stable built by a teamster, the church acquired the building in the early 1920s.

10/16/2012

 

Nantucket

St. Paul's Church

Restoration of the exterior vestibule and creation of the handicap accessible walkway, lift and stairway

4/2/2013

[Kevin Johnson]

Thanks for the comments Andrei.

My cursory understanding is that the HDC review includes the exterior of the structure, while an HPR also includes the interior. Sample Historic Preservation Restriction documents can be found here. The first listed is the Massachusetts Historical Commission - Model Historic Preservation Restriction, which includes among its terms:

1. Maintenance of Premises:  

The Grantor agrees to assume the total cost of continued maintenance, repair and administration of the Premises so as to preserve the characteristics which contribute to the architectural, archaeological and historical integrity of the Premises in a manner satisfactory to the Commission according to the Secretary of the Interior’s “Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” (36 CFR 67 and 68), as these may be amended from time to time. The Grantor may seek financial assistance from any source available to it. The Commission does not assume any obligation for maintaining, repairing or administering the Premises.

3. Alterations: The Grantor agrees that no alterations shall be made to the Premises, including the alteration of any interior, unless (a) clearly of minor nature...

Kevin Johnson
Pct. 3

[Elaine Ashton]

> On Apr 4, 2015, at 6:24 PM, 'Kevin Johnson' via LexTMMA <lex...@googlegroups.com> wrote:
>
> Three members of the CPC abstained from voting to recommend 8(c). The Appropriations Committee Report says about 8(c): "The Committee is strongly divided on this request. As of publication, the Committee’s vote of (33-2) means we do not recommend approval of 8(c). Members have expressed concerns about the appropriation of public funds for a building that does not serve a primarily public purpose,

> government support for a religious organization, the comparatively small amount of privately raised funding, and the possibility that approving this request would encourage a larger follow-up request to address problems identified in the Historic Structure Report.

I went to the Open House yesterday, too, and the exterior of the building does look rather shabby, in addition to its various other needs inside the structure.

The small amount of money being contributed by the congregation towards the study is a bit curious, but I think that they might be wisely trying to strategically take advantage of the building's landmark status and its value towards the tourism industry in Lexington by using the CPA funding for the study since the many millions of dollars the renovation will require will be far more than the capacity of the CPA to fund and they'll be more successful in their capital campaign if they've shown they've tried to find every funding opportunity available before asking private donors for major contributions.

The division among the Appropriations Committee is interesting given the value placed on the historical preservation of buildings and landscapes/streetscapes on previous articles and that, as Andrei highlighted with the list of other church buildings granted CPA funds, this request doesn't appear to be setting a precedent if approved.

Elaine Ashton, Pct. 1

[Claire Sheth]

If there is any doubt as to the importance of First Parish within the landscape of our center, here is a fun exercise. Do a google images search for "Lexington,MA". It is astounding how many images either have the church in its background or outright feature it as the focal point. This isn't simply a church, it is a true landmark of our town and as such, worthy of these funds.

Sent from my iPhone

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[Sam Silverman]

I also find myself a bit uneasy about appropriating public funds for a private institution, despite the long list of churches in many other towns which have done so. And if we can do this on the basis of their historical importance, then should we also be providing funds for home owners in historical houses, such as the Harrington house at the edge of the common?

Also, I note that the funding is for assessment of restoration needs only. Can we then expect an equivalent request for funds for implementing the results of that assessment at a later town meeting?

Sam Silverman, Pct 5

On Saturday, April 4, 2015 6:24 PM, 'Kevin Johnson' via LexTMMA <lex...@googlegroups.com> wrote:

First Parish Church should agree to an Historic Preservation Restriction as a condition of this proposed funding. From the Massachusetts Community Preservation Coalition's web page Using CPA For Historic Preservation of Churches and other Religious Institutions (last sentence):

DOR suggested, however (in an opinion letter), that grants to private organizations for historic preservation require an historic preservation restriction be conveyed to secure the public’s benefit from the grant.

Without the restriction there's not a direct demonstrable public benefit from this funding IMHO. Note that FPC is already paid by organizations using the building for public events.

Three members of the CPC abstained from voting to recommend 8(c). The Appropriations Committee Report says about 8(c): "The Committee is strongly divided on this request. As of publication, the Committee’s vote of (33-2) means we do not recommend approval of 8(c). Members have expressed concerns about the appropriation of public funds for a building that does not serve a primarily public purpose,

government support for a religious organization, the comparatively small amount of privately raised funding, and the possibility that approving this request would encourage a larger follow-up request to address problems identified in the Historic Structure Report.

Kevin Johnson
Pct. 3

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[pjr...@aol.com]

First Parish is indeed an important part of the landscape around the historic battle green.  I look forward to hearing more about this proposal tonight.

A couple of minor corrections:  The Appropriation (only 1) Committee's vote was 3-3-2 not 33-2 so they were divided in their opinion.

- Paul Rubin (precinct 7)

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[Glenn Parker]

On 4/4/15 6:24 PM, 'Kevin Johnson' via LexTMMA wrote:

The Appropriations Committee Report says about 8(c): "The Committee is strongly divided on this request. As of publication, the Committee’s vote of (33-2) means we do not recommend approval of 8(c). Members have expressed concerns about the appropriation of public funds for a building that does not serve a primarily public purpose, government support for a religious organization, the comparatively small amount of privately raised funding, and the possibility that approving this request would encourage a larger follow-up request to address problems identified in the Historic Structure Report.

Obviously, the "33-2" was a minor typo that should have been "3-3-2".  At the time of the report's publication, we did not have an official vote from one of the nine members of the committee.

As of March 23, 2015, the full Appropriation Committee vote on 8(c) stands at 3-4-2, meaning that the committee recommends against approval of 8(c).  The AC will report further on this request tonight.

Glenn Parker, Pct. 3
Chair, Appropriation Committee

[Narain Bhatia]

I  love First Parish even though I am a Hindu because of their very open mandate to welcome everyone; they have gay pastor whom I know and respect. The church is iconic is iconic and historic.

Having said that I have a concern emanating from separation of church and state in our constitution or the so called establishment clause. As a lay man I understand from this clause that all religions should be free to practice and state should not favor any religion -- the actual legal meaning is quite deep.

So I raise the question that if we offer funds to a church, are we favoring it compared to other churches? If other churches such as Hancock Church, Church of our Redeemer, St. Bridges or First Baptist claim similar historic status and apply for CPA funds and in the normal course of project evaluation we may decline, approve substantially more or substantially less funds than the current 40K request under consideration, will we be favoring one church over the other? Going further, if we give additional funds for actual repairs to one and not to other, will we be favoring one religion over other?

I am bit uncomfortable. To my knowledge Lexington has never funded a project involving a place of worship. Notwithstanding the approvals in other towns, are we setting up a precedent in Lexington that may divide the community about who is getting higher funding? I will listen to the discussions but as I of now I intend to vote NO.

Narain Bhatia

P9

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