TR-2011-60 CPA EXPEND. FOR COOPERS COMMONS PIT-
TR-201 1-10
A RE,SOLUTION APPROPRIATING FROMTHE COMM UN ITY 13RESEIZNIATION
FUND AND A UTHOR I ZING TH E EXPENDITU RE OFCOMMUNITY
PRESERVATION FUNDS FOR COOPER COMMONS, 161 MAIN STREE:r.
AGAWAM, MA
WHERE-AS, voters 'of Agawam voted to forrn a Community Preservation
Committee; and
WHEREAS, one of the Committee's functions is to fund Historic Preservation and
to Rehabilitation/Restoration of historic sites; and
WHEREAS, 161 Main Street, Agawarn, Massachusetts has been designated an
historic site-, and
WHE�REAS, said funds shall.be Used to assist in the preservation and restoration of'
161 Main Street, Agawarn, MA; and
WHERI"AS, the Cornmun't, Preservation Committee has recommended such
appropriation and expenditure-. and
I .
WHEREAS, it is in the best interests of the public and the City of' Agawam to
appropriate from the cornML111itV preservation fund and authorize the expenditure of community
preservation funds for the preservation and restoration of]61 Main Street, Agawam, MA;
NOW TFiE-R.E-'FORJ*-_', the AGAWAM CITY COUNCIL hereby resolves,
appropriates, and authorizes the expenditure of Community Preservation Funds in the amount of
one hundred thirty thousand seven hundred and 00/100 dollars ($ 130,700.00) for the
preservation and restoration of 161 Main Street, Agawarn, MA: and
The AGAWAM CITY COUNCIL hereby furtlicr resolves that the Mayor is
authorized to expend said funds. as permitted by law, and to do all things necessary for the
purposes so stated,
Dated this .day of ., 2011.
PER ORJ)ER OF THE AGAWAM CITYCOUNCIL
L"&tM&
Donald M. RheaUlt, Agawarn City Council President
dPPR VED TO FORM AND LEGAU'ry
Vincei;t f,4-1:71ioscia, City Solicitor
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-0927
COMMUNITY PRESERVATION COMMITTEE
December 2, 2011
Donald M. Rheault, President
Agawam Town Council
36 Main Street
Agawam, MA 0 100 1
Dear Council President Rheault:
Please be advised that Kathleen Gourde of Cooper's Common LLC has requested to
withdraw her application to the Community Preservation Act Committee for historic
preservation funding (see attached letter).
If you have any questions, please contact this office at 786-0400, extension 253.
Sincerely,
Henry A. Kozloski, Chairman
AGAWAM COMMUNITY PRESERVATION COMMITTEE
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Cooper's Commons, LLC
161 Main Street
Agawam, MA 01001
Henry A. Kozloski, Chair
Community Preservation Committee
City of Agawam, MA 01001
December 2, 2011
Dear Mr. Kozloski:
It has come to our attention that the preservation restriction guarantee may pose a problem with
securing financing for the Coopers Commons project. As we need financing through our lender to
complete the project,we must take the time to fully review the restrictions before moving forward with
the City Council vote on December 5'h, 2011. Therefore, at this time we have decided to withdraw our
application for the CPA grant.
We appreciate your consideration and recommendation of the Community Preservation Committee.
We may be back in the future to re-apply.
Sincerely,
Kathleen M. Gourde
Cooper's Commons, LLC
CC. Barbara Bard
City Council Clerk
Cooper's Commons, LLC
161 Main Street
Agawam, MA 01001
Henry A. Kozioski, Chair
Community Preservation Committee
City of Agawam, MA 01001
December 2, 2011
Dear Mr. Kozloski:
It has come to our attention that the preservation restriction guarantee may pose a problem with
securing financing for the Coopers Commons project. As we need financing through our lender to
complete the project,we must take the time to fully review the restrictions before moving forward with
the City Council vote on December 51h, 2011. Therefore, at this time we have decided to withdraw our
application for the CPA grant.
We appreciate your consideration and recommendation of the Community Preservation Committee.
We may be back in the future to re-apply.
Sincerely,
Kathleen M. Gourcle
Cooper's Commons, LLC
A:S
CC: Barbara Bard
City Council Clerk
111:2
FA
TE Town of Agawam
Interoffice Memorandum
Date: December 1, 2011
To: City Council
From: Jennifer Bonfiglio,- CPA Administrator
RE: Coopers Commons
It has come to my attention that there were some questions raised at the CPA sub-committee
meeting in regards to deed restrictions.
According to the CPA act, CPA funds can be used for this rehabilitation project, because the
structure has been determined to be significant to the history, culture, architecture, or
archeology of Agawam, and there is a demonstrable public benefit to the project,
In this case, the historic preservation deed restriction can serve as the demonstrable public
benefit-Agawam will gain permanent ownership over the historical elements of the structure
that are covered by the deed restriction in exchange for its investment of CPA funds. To
further clarify, this deed restriction will not expire, will run with the land, and will be held by the
town in perpetuity.
I have attached a fact sheet for your review as well as two samples of deed restrictions. We
are working with our solicitor to prepare a deed restriction that best fits the needs of Agawam.
Let me know if you have any questions or need any additional information.
Thank You, Jennifer
-b V 3310 119Z
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Community
Preservation Coalition
Pre5erving our post. Building our future.
Round Table Fact Sheet
Preservation Restrictions
[printed October 31, 2006]
What is a Preservation Restriction?
A Preservation Restriction (PR) is a voluntary legal agreement that protects a significant historic,
archaeological, or cultural resource. It provides assurance that an historic or cultural property's intrinsic values
will be preserved through subsequent ownership by restricting on the demolition or alteration of its significant
historic features. A Preservation Restriction is filed at the Registry of Deeds and runs with the land. It usually
focuses on exterior architectural features, but can also address significant interior spaces. Though a
Preservation Restriction does not necessarily require public access, it may include provisions for annual open
houses or similar public events if deemed appropriate.
The heart of a Preservation Restriction is in the Grantor's Covenants, where the owner of the property agrees
to maintain the building exterior in good repair consistent with the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings (further described below). The Grantor's
Covenants spell out prohibited activities such as demolition of the building, and describe the review process
required if any exterior alterations are considered on the property. Another important part of the Preservation
Restriction is the Baseline Documentation which illustrates the property's historic significance and existing
conditions through architectural drawings, photographs, historical records, and reports.
Are Preservation Restrictions required by CPA?
The Community Preservation Act specifically calls for perpetual Preservation Restrictions, established under
Chapter 184 of Mass General Laws, whenever CPA funds are used to purchase a real property interest.
Therefore, when purchasing or buying an interest in an historic property, a Preservation Restriction is
required. The Act is not specific as to whether a Preservation Restriction is required when CPA money is
expended on an historic preservation project. Many towns have chosen to require a Preservation Restriction
when any-amount of CPA funds are awarded for rehabilitation or restoration of an historic property. This
protects the town's investment should the property change hands or become subject to additional development
pressures. Cape Cod Commission staff recommend that a Preservation Restriction be required whenever CPA
funds are used to rehabilitate or restore historic properties, regardless of the property ownership.
In some cases, other means of protecting the public interest can be considered. The city of Newton has signed
a Memorandum of Understanding.with the CPA committee requiring Newton Historical Commission review
and approval of any changes proposed to a town property that has received CPA funding. Other communities
are considering a threshold amount of CPA funding above which a Preservation Restriction would be
required, while projects receiving less money would require a shorter term restriction.
Who can hold a Preservation Restriction?
A Preservation Restriction may be held by any governmental body or charitable corporation or trust capable
of acquiring interests in land and whose purposes include historic preservation. Local Historical Commissions
are empowered to hold preservation restrictions under the state's Historic District Act (M.G.L. Chapter 40C),
but they cannot hold a preservation restriction on a town-owned property. Non-Profit historical organizations
such as town Historical Societies, the Trustees of Reservations, and Historic New England may also hold
preservation restrictions.
Is there a model Preservation Restriction?
Cape Cod Commission staff suggests using the Preservation Restriction on the Nantucket Atheneum (or the
Massachusetts Historical Commission long form template) as a working model, copying its general fortnat
and legai language, and making changes to tailor the restriction to the particular property in question. All CPA
committees are urged to use the same Preservation Restriction as a model to maintain consistency among
restrictions on the Cape , and to facilitate their monitoring and administration in the future. The Nantucket
Atheneum Preservation Restriction is available here, or ftom the Cape Cod Commission. As an alternative,
the Massachusetts Historical Commission's long form is available in its Guidebook on Preservation
Restrictions, available by calling Michael Steinitz at 617-727-8470.
How should we draft a Preservation Restriction?
The owners of the subject property, the intended holders of the Preservation Restriction,,and the town counsel
should be involved in drafting a preservation restriction. Some towns have chosen to arrange an initial
meeting between these parties to discuss the content of the restriction, then have asked the owners'attorneys
to draft the preservation restriction, using the model cited above as a template. The Local Historical
Commission or Historical Society are also often involved because of their access to historical infon-nation
necessary to establish the Baseline Documentation required in a Preservation Restriction. Note that CPA
committees can allocate CPA administrative funds or grant monies for drafting a Preservation Restriction.
The Massachusetts Historical Commission(MHC) must approve a Preservation Restriction for it to be
consistent with M.G.L. Chapter 184. If the restriction will be held by a charitable corporation or trust, the
town must also approve the Preservation Restriction. A draft Preservation Restriction should be submitted to
Michael Steinitz at MHC to deten-nine if it adequately protects the features that make the historic property
significant. Once MHC approves the content of the Preservation Restriction, it can be signed/executed by the
owners and the Selectmen or Town Council, then resubmitted to MHC for their signature. Finally the
Preservation Restriction should be recorded at the Registry of Deeds.
How,should we monitor a Preservation Restriction to ensure its effectiveness?
To protect both the property owner and the restriction-holder, it is important that there be a clear set of
procedures and policies 'to guide the administration and monitoring of a Preservation Restriction. The key to
avoiding problems and court costs is catching problems before changes are made to the property. To that end,
the following steps are recommended:
I Designate a Preservation Restniction administrator, The organization holding the restriction should
designate an administrator(perhaps the Secretary or President of the organization, or an employee)
who is the primary contact person if a property owner has questions about the restriction.
Communication is essential if there is a transfer of ownership, so administrators may want to initiate
contact with new property owners. Ideally, administrators should be knowledgeable about historic
architectural and building technology in order to insure that they can identify unapproved work or
areas of concern for repair. Cape Cod Commission staff may also be contacted to assist with these
issues.
2. Arrange annual on-site meetings. The administrator'should be responsible for arranging annual on-site
meetings with the property owner to assess the current condition of the property, to discuss the terms
of the restriction,and to answer any questions the owner may have.
3. Maintain annual status reports on the property. The administrator should follow up annual on-site
meetings with a written status report on the property, citing the owner's compliance with the
restrictions and the general condition of the property.
I. Alert town departments and agencies. Work with town permitting departments and assessors to put a
red flag on properties with a Preservation Restriction, and ask the town to notify the restriction holder
(Local Historical Commission or other entity) any time a development pen-nit is sought for one of
these properties.
What are the Secretary's Standards for Rehabilitation of Historic Properties?
The Secretary's Standards for Rehabilitation are federal standards that define appropriate treatment of historic
properties. The standards were developed by the Secretary of the Interior to guide work on properties listed on
or eligible for listing on the National Register of Historic Places. The CPA requires rehabilitation work on
historic properties to comply with the Secretary's Standards for Rehabilitation.
The primary goal of the Secretary's Standards for Rehabilitation is preservation of the historic materials and
features that make a property significant. The 10 standards focus on things such as repair rather than
replacement of historic features, and designing additions without removing significant historic features. To
help people interpret the standards and to provide more detailed recommendations for treatment of specific
building elements, the Secretary also publishes Guidelines for Rehabilitating Historic Buildings.
Both the Standards and the Guidelines can'be viewed at the National Park Service website:
http://www.cr.nps.p,ov/hps/tps/standards/rchabilitation.htm
Preservation Restrictions
[printed October 31, 2006]
What is a Preservation Restriction?
A Preservation Restriction (PR) is a voluntary legal agreement that protects a significant historic,
archaeological, or cultural resource. It provides assurance that an historic or cultural property's intrinsic values
will be preserved through subsequent ownership by restricting on the demolition or alteration of its significant
PRESERVATION RESTRICTION AGREMUNT
between the TOWN OF AGAWAM by and
through the MASSACHUSETTS HISTORICAL
TOWN and COOPER's COMMONS, LLC
The parties to this Agreement are the Town of Agawam, located at the 36
Main Street, Agawam, MA, hereinafter referred to as the Town, and the
Cooper's Commons, LLC, hereinafter referred to as the Grantor.
WHEREAS, the Grantor is the owner in fee simple of certain real property
with improvements known as the (property name) thereon as described in a
deed dated March 22, 2011, from Patricia L. Steuer a/k/a Patricia M.
Steuer and Marc L. Steuer to Cooper Commons, LLC, recorded with as
certificate of title 34745, Document No. 187739 in the Hampden County
9-i9y pig
Registry of Deeds, and which is located at in ., treet, Agawam,
hereinafter referred to as the Premi;��s,-��Phe ' Premi��s.' is also Comment[VGI]:Verify Address
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de'scrTb`e-`d'�1--,1n;-.'-Exh�ibit "A"- attached� hereto and 1 1 rated herein by
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I deed.
WHEREAS, the Premises includes, but is not limited to, the following The
Robert Cooper House, a premier example of Itallavae Architecture; and is
also shown as Parcel K 14 24 on the sessor's M attached as Exhibit�
d by
Ln6,��rpgrated herein ef6iti�6q. -.-1Comment[VG3]*Needtoattach
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map.
WHEREAS, the Grantor wishes to impose certain restrictions, obligations
and duties upon it as the owner of the Premises and on the successors to
its right, title and interest therein, with respect to maintenance,
protection, and preservation of the Premises in order to protect the
architectural, archaeological and historical integrity thereof; and
WHEREAS, the Premises is significant for its architecture, archaeology
and/or associations, and was listed in the 1985 Inventory of Agawam
Historical Structures; and
WHEREAS, the preser-vation of the Premises is important to the public for
the enjoyment and appreciation of its architectural, archaeological and
historical heritage and will serve the public interest in a manner
consistent with the purposes of M.G.L. Chapter 184, sections 31, 32, and
33 hereinafter referred to as the Act; and
WHEREAS, the Town of Agawam is a government body organized under the laws
of the Commonwealth of Massachusetts and is authorized to accept these
preservation restrictions under the Act;
NOW, THEREFORE, for good and valuable consideration, the Grantor conveys
to the Town the following preservation restrictions, which shall apply in
tui t-�- to-,the Pi�mise��---------------------------------------- ----------------------------------------------------- Comment[VG4]:'Perpetuity Keep
th[s in,
PURPOSE
it is the Purpose of these preservation restrictions to ensure the
preservation of those characteristics which contribute to the
architectural, archaeological and historical integrity of the Premises.
Characteristics which contribute to the architectural, archaeological and
historical integrity of the Premises include, but are not limited to, the
artifacts, features, materials, appearance, and workmanship of the
Premises.
TERMS
The terms of the Agreement are as follows:
1. Maintenance of Premises; The Grantor agrees to assume the total cost
of continued maintenance, r'epair 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 Town according to the Secretary of the InteriorrS
"Standards for the Treatment of Historic Properties with Guidelines for
Preservingr 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 Town does not assume any obligation for mdintaining, repairing or
administering the Premises.
2. Inspection: The Grantor agrees that the Town may inspect the Premises
from time to time upon reasonable notice to determine whether the Grantor
is in compliance with the terms of this Agreement.
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 and not affecting the characteristics which
contribute to the architectural, archaeological or historical integrity
of the Premises, or (b) the Town has previously determined that it will
not impair such characteristics after reviewing plans and specifications
submitted by the Grantor, or (c) required by casualty or other emergency
promptly reported to the Town. Ordinary maintenance and repair of the
Premises may be made without the written permi-sai-on -of-the Town-.,- or
purposes .of this section, interpretation of what constitutes alterations
bf-�'E�.�m,J;-no,r,-'n.atUre�' and o.rdinary maintenance and repair is .governed by the
6ri Guidelines whi ch are attached to thi s A reement and hereb
incorporAted by reference., J------------------------------------------------------------------------------------------- Comment[VGS]:we don't have anyil
4. Notice and Approval: whenever approval by the Town is required under We need them for this agreement. J
this restriction, Grantor shall request specific approval by the Town not
less than (30) days prior to the date Grantor intends to undertake the
activity in question. A request for such approval by the grantor shall be
reasonably sufficient as a basis for the Town to approve or disapprove
the request. The notice shall describe the nature, scope, design,
location, timetable and any other material aspect of the proposed
activity in sufficient detail to permit the Town to make an informed
judgment as to its consistency with the purposes of this Preservation
Restriction. within (30) days of receipt of Grantor's reasonably
sufficient request for said approval, the Town shall, in -writing, grant
or withhold its approval, or request additional information relevant to
the request and necessary to provide a basis for its decision. However,
should the Town determine that additional time is necessary in order to
make its decision the Town shall notify the Grantor. The Town's approval
shall not be unreasonably withheld, and shall be granted upon a
reasonable showing that the proposed activity shall not materially impair
the Purpose of this Agreement. Failure of the Town to make a decision
within sixty (60) days from the date on which the request is accepted by
the Town or notice of a time extension is received by the Grantor shall
be deemed to constitute approval of the request as submitted, so long as
the request sets forth the provisions of this section relating to deemed
approval after the passage of time.
5. Assignment: The Town may assign this Agreement to another governmental
body or to -any charitable corporation or trust among the purposes of
which is the maintenance and preservation of historic properties only in
the event that the Town should cease to function in its present capacity.
6. Validity and Severability: The invalidity of M.G.L. c. 184 or any part
thereof shall not affect the validity and enforceability of this
Agreement according to its terms. The invalidity or unenforceability of
any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement.
7. Recording: The Grantor agrees to record this Agreement with the
appropriate Registry of Deeds and file a copy of such-recorded instrument
with the Town.
8. Archaeological Activities: The conduct of archaeological activities on
the Premises, including without limitation, survey, excavation and
artifact retrieval, may occur only following the submission of an
archaeological field investigation plan prepared by the Grantor and
approved in writing by the State Archaeologist of the Massachusetts
Historical Town (M.G.L. Ch.9, Section 27C, 550 CMR 70.00) .
9. Other Provisions: None applicable.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2011.
Cooper Commons, LLC
By:
Name;
Title;
COMMONWEALTH OF MASSACHUSETTS
Hampden,ss. 2011
on this day of 2011, before me, the undersigned
notary public, personally appeared I
proved to me through satisfactory evidence of identification, which was
(a current driver's license) (a current U.S. passport) (my personal
knowledge of the identity of the principal) , to be the person whose name
is signed an the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes.
Notary .Public
My Town Expires
PRESERVATION RESTRICTION AGREEMENT
Between the
and the
BOARD OF SELECTMEN OF THE TOWN OF BRIDGEWATER, MASSACHUSETTS
THIS PRESERVATION RESTRICTION is made this___day of . - -___2007,by
and between the of the
I Street, Bridgewater, Plymouth County,
Massachusetts("Grantor"),and the BOARD OF SELECTMEN OF THE TOWN OF
BRIDGEWATER,a municipality duly organized under the laws of the Commonwealth of
Massachusetts and located in Plymouth County, Massachusetts("Grantee"), to be administered,
managed and enforced by the BRIDGEWATER COMMUNITY PRESERVATION
COMMIT`TEE(-BCPC-).
WHEREAS,the Grantor is the owner of certain real property located at
Street,Bridgewater, Massachusetts,more particularly described in Exhibit A attached hereto
(hereinafter"the Property"or" -)and said Property including the following
str x-ture(hereinafter"the Building"or"the Historic Resources"):
The Building is(DESCRIPTION OF BUELDING-WHEN BUILT,BY WHOM,ALL
HISTORIC WFORMAT70N) The building serves as a church for the
WHEREAS,the historical significance of the Building emanates from its construction in
its and is the oldest church building within the Town of Bridgewater. (DESCRIPTION OF
WHAT MAKES IT HISTORICAL) Additionally,the Building is deemed to be historically
significant to the history and development of the Town of Bridgewater by the Bridgewater
Historical Commission.
WHEREAS,Grantor and Grantee recognize the architectural, historic, and cultural values
(hereinafter"preservation values')and significance of the Building,and have the common
purpose of preserving the aforesaid preservation values and significance of the
Building;
WHEREAS, the Building's preservation values are documented in a series of
photographs and documents described herein(hereinafter,"Baseline Documentation")
incorporated herein as Exhibit B,which Baseline Documentation the parties agree provides an
accurate representation of the Building as of the date of this grant.
WHEREAS, the Baseline Documentation (Exhibit B)shall consist of the following:
1) Legal Description of Property;
2) Deed to property at Street,dated and
recorded in Book Page(s) at the Plymouth County Registry
of Deeds;
3) Exterior photographs of Building;
4) Bridgewater Assessor's map showing Property;
5)As-built Plot Plan of the Property dated(if there is one);
6)As built drawings of the building dated(if there is one);
(Copies of Items 1, 2,4, 5, and 6 are recorded herewith at the Plymouth Registry;
all items,including original photographs and drawings listed as Items 3 and 6,are
on file in the offices of the Grantor,the Grantee,and the BCPQ;
WHEREAS, ("the Building") ("Scotland
Church") is in need of preservation and restoration;
WHEREAS, upon the recommendation of the Community Preservation Committee and
Article I of the May 7,2007 Bridgewater Special Town Meeting as approved, the sum of Ten
Thousand($10,000.00) Dollars from the Community Preservation Fund ("Funds')was
appropriated for the purpose of funding a grant for the replacement of the roof of the Building;
WHEREAS, the Grantor and the Gmntee have reached an Agreement whereby the
Grantee shall provide the Funds so appropriated to the Grantor to be expended for the
preservation of the aforementioned Historic Resource, under the tcnx s and conditions set forth
herein and in such other documents as the parties may execute,and the Grantor agrees to accept
such Funds to be used exclusively for such purpose and under such terms and conditions
("Restriction"or"Preservation Restriction");
WHEREAS,the Grantor in fiwther consideration of the receipt of such Funds and to
ensure the preservation of the aforementioned Historic Resource agrees and desires,to impose
certain restrictions,obligations and duties upon itself,its successors and assigns, so as to
maintain, protect and preserve the Historic Resource and the architectural and historical integrity
of the Building;
WHEREAS,the preservation of the Historic Resource is important to the public for the
enjoyment and appreciation of its architectural and historical heritage and serves the public
interest in a manner consistent with the purposes of the General Laws, Chapter 184, Sections 31
and 32("Act"); and I
WHEREAS, the BCPC is authorized to accept pte-savation restrictions in the name of the
Town of Bridgewater and the BCPC is a governmental body duly organized under the laws of the
Commonwealth of MassachusetL% including the General Laws, Chapter 40Q,authorized and
directed by the Grantee to manage the , burdened by
such restrictions,consistent Writh the provisions of the Act and to administer and enforce this
preservation restriction;
NOW THEREFORE, for good and valuable consideration,the receipt of which is hereby
acknowledged,the Grantor does hereby irrevocably grant and convey to the Grantee in gross in
2
perpetuity this Restriction over the exterior(defined in further deta il herein)of the Building' to
be administered, managed and cnfbrced by the BCPC-
1. PMWse: It is the Purpose of this Restriction to assure that the architectural, historic,
and cultural features of the exterior of the Building will be retained and maintained forever
substantially in their current condition or in a restored condition approved by the BCPC for
preservation purposes and to prevent any use or change of the exterior of the Building that will
significantly impair or interfere with the Building's preservation values or alter views of any
exterior facades of the Building.
2. Preservafion Restriction: The Grantor grants to the Grantee the right to forbid or limit:
a. alteration to any exterior feature or exterior appearance,materials, workmanship,
condition or structural stability of the Building; for the Purposes of this
Agreement, the Exterior of the Building shall be defined as all surfaces(including
but not limited to walls,roofs, foundations,windows,doors,guttem downspouts�
and associated hardware and visible details)which are in contact with the exterior
of the Building and/or visible from outside the Building at any location or at any
distance. Subject to this restriction am any activities,including construction or
alteration of any internal structural features that act as support for external
surfaces,construction or alteration of which may alter the Exterior appearance of
the Building or threaten the s1ructural stability or integrity of the Exterior of the
Building
b. any use of the the property owned by it that is not consistent
with the use stated in the original deed; and
C. any other act or use that may be detrimental to appropriate preservation of the
Building.
3. Restriction as to Expgriditure of Funds: Subject to Paragraph 2 and the terms and
conditions of this Restriction and such other terms and conditions as the BCPC may reasonably
impose to accomplish the purposes of this Restriction,the Grantor shall expend such Community
Preservation Funds to make renovations to the exterior only of the
4.1. Owtor's Covenants: Covenant to M Subject to Paragraph 2 and the terms
and conditions of this Restriction and such other terms and conditions as the BCPC may .
reasonably impose to accomplish the purposes of this Restriction,the Grantor covenants and
agrees at all times to maintain the exterior of the Building in the same structural condition and
state of repair to that existing on the effective date of this Restriction. In addition, Grantor and
Grantee recognize that significant restoration work to.be approved by BCPC will commence
soon after said effective date and therefore the condition of the Building to be maintained by this
Restriction shall be established as the condition at the completion of said restoration. Grantor's
obligation to maintain shall require replacement repair, and reconstruction by Grantor whenever
necessary to preserve the exterior of the Building exclusive of changes attributed to natural aging
3
and weathering of exterior material not damaging to the integrity of the material. Subject to the
casualty provisions of paragraphs 10 and 11,Wis obligation to maintain shall require
replacement, rebuilding,repair, and reconstruction of the Building whenever necessary in
accordance with the policies and procedures of the BCPC and in accordance with The Secretary
of the Interior's Standardsfor 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(hereinafter the"Secretary's Standards").
4.2. Grantor's Covenants- Prohibited Activities. The following acts or uses are
expressly forbidden except as otherwise conditioned in this paragraph:
a. the Building shall not be demolished,removed,or razed except as provided in
Paragraphs I I and 12;
b. the dumping of ashes,hush,rubbish, or any other unsightly or offensive
materials is prohibited on the Property;
c. no above-ground utility transmission lines,except those reasonably necessary
for the existing Building, may be created on the Property, subject to utility
easements already recorded;
d. no additions and/or outbuildings may be placed on the Property without prior
approval of the BCPC;and
e. moving any buildings or outbuildings on the Property "I be forbidden without
prior approval of the BCPC.
5. Conditional Ri&t—s Reguiring BCPC ApM�Lal: Subject to Paragraph 4 and the terms
and conditions of this Restriction and such other terms and conditions as the BCPC may
reasonably impose to accomplish the purposes of this Restriction,the Grantor shall not alter the
Building without prior express written approval of the BCPC. Without said approval Grantor
shall not make any changes to the exterior(including fenestration and roof)of the Building,
including the alteration, partial ten oval,construction, remodeling,or other physical or structural
change to the exterior, including permanent signs, and any change in material or color or any
change to the footprint,size,mass, ridgeline,and rooffines of the Building. Grantor shall
similarly not make any alterations to the surrounding Property that would obscure the view of the
Building, such as the installation of permanent signage or trees or very large shrubs without
approval of the BCPC.
Activities by Grantor to maintain the exterior of the Building which are intended to be performed
in accordance with the provisions of paragraph 4.1,and which are of a minor nature, shall not
require the prior approval of the BCPC. For the purposes of this section, interpretation of what
constitutes ordinary maintenance of a minor nature is governed by the Restriction Guidelines
which are attached to this Agreement and hereby incorporated by reference as Exhibit C.
6. Grantor's Reserved Rights Not RMuiriniz Furth;[Approval by the BCPC: Subject to
the provisions of paragraphs 2 and 4.2, the following rights, uses,and activities of or by Grantor
on,over,or under the Property are permitted by this Restriction and by the BCPC without further
4
approval by the BCPC:
a. the fight to engage in all those acts and uses that:
(i.)are guaranteed by the first amendment of the United States Constitution;
(ii)are permitted by governmental statute or regulation;
(iii)do not substantially impair the preservation values of the Building;and
(iv)are not inconsistent with the Purpose of this Restriction;
b. pursuant to the provisions of Paragraph 4.1, the right to maintain and repair the
exterior of the Building strictly according to the Secretary's Standards. As
used in this subparagraph, the right to maintain and repair shall mean the use
by the Grantor of in-kind materials and colors,applied with workmanship
comparable to that which was used in the construction or application of those
materials being repaired or maintained, for the purpose of retaining in good
condition the appearance and consbuction of the exterior 6f the Building.The
right to maintain and repair as used in this subparagraph shall not include the
right to make changes in appearance, materials,workmanship from that
existing prior to the maintenance and repair without the prior approval of the
BCPC in accordance with the provisions of Pamgraph 5;
C. the right to make changes of any kind to the interior of the Building,provided
such changes do not altei�the Building's exterior in contravention of this
Restriction.
7. Review of Grantor's EMucsts for AppLoval: Grantor shall submit to the BCPC for
the BCPCs approval of those conditional rights set out at Paragraphs 2 and 5 two copies of
information (including plans, specifications,and designs where appropriate) identifying the
proposed activity with reasonable specificity. In connection therewith, Grantor shall also submit
to the BCPC a timetable for the proposed activity sufficient to 't the BCPC to monitor such
perrm,
activity. Within forty-five(45)days of the BCPC's receipt of any plan or written request for
approval hereunder,the BCPC shall certify in writing that(a)it approves the plan or request, or
(b).it disapproves the plan or request as submitted, in which case the BCPC shall provide Grantor
with written suggestions for modification or a written explanation for the BCPC's disapproval.
Any failure by the BCPC to act within forty-five(45)days of receipt of Grantor's submission or
resubmission of plans or requests shall be deemed to constitute approval by the BCPC of the plan
or request as submitted and to permit Grantor to undeTtake the proposed activity in accordance
with the plan or request submitted.
8. Standards for Review: In exercising any authority created by this Restriction to inspect
the Building; to review any construction,alteration,repair, or maintenance;or to review casualty
damage or to reconstruct or approve reconstruction'of the Building following casualty damage,
the BCPC shall apply the Secretary's Standards,
9. Public Access: This Restriction requires public access on a regular basis, similar to a
5
public way,to the exterior/outside grounds of the for the purpose of viewing the
exterior of the . building. This Restriction also requires public access to the
interior of the building for the purpose of viewing interior elements of the building at least three
consecutive hours each month, said time of access to be in addition to regularly scheduled
religious services. The public shall be rnade aware ofsuch access by notice of such access times
and dates published annually in a newspaper of general circulation and in local media, being The
Town Observor at the time of the execution of this Restriction. The Grantor hereby agrees to
such public access and grants to the Grantee the Tight and power to enforce such public acxess.
IO.-CasuallyDamMorDotruction: In the event that the exterior of the
shall be damaged or destroyed by fire, flood, windstorm,iiurricane,earth movement or
other casualty,Grantor shall notify the BCPC in writing within fourteen(14)days of the damage
or destruction, such notification including what, if any,emergency work has already been
completed. No repairs or reconstruction of any type,other than temporary emergency work to
prevent firrther damage to the Historic Resource and to protect public safay,shall be undertaken
by Grantor without the BCPC's prior written approval of the work- Within one hundred twenty
(120)days of the date of damage or destruction, if required by the BCPC,Grantor at its expense
shall submit to the BCPC a written report prepared by a qualified restoration architect and an
engineer who are acceptable to the Grantor and the BCPC,which report shall include the
following:-
a. an assessment of the nature and extent of the damage;
b. a detennination of the feasibility of the restoration of the
and/or Teconstruction of damaged or destroyed portions of the
and
C. a r=)ort of such restoration/reconstruction.work necessary to return the
to the condition existing at the date hereof or the
condition subsequently approved by the BCPC.
11. Review After ggaWk Danyge or Desymcdon: If,after reviewing the report
provided in Paragraph 10 and assessing the availability of insurance proceeds after satisfaction of
any mortgagee's/lender's claims under paragraph 12,-Grantor and the BCPC agree that the
Purpose of the Restriction will be served by such restoration/reconstruction,Grantor and the
BCPC shall establish a schedule under which Grantor shall complete the restoration/
reconstruction of the Building in accordance with plans and specifications consented to by the
parties up to at least the total of the casualty insurance proceeds available to Grantor.
If, after reviewing the report and assening the availability of insurance proceeds
after satisfaction of any mortgagee'sAender's claims under paragraph 12, Grantor and the BCPC
agree that restoration/reconstruction of the Historic Resource is impractical or impossible,or
agree that the Purpose of the Restriction would not be served by such restoration/reconstruction,
Grantor may, with the prior written consent of the BCPC,alter,demolish, remove or raze the
Building, and/or construct new improvements on the Property. Grantor and Grantee may agree to
6
extinguish this Restriction in accordance with the laws of the Commonwealth of Mana husetts
and paragraph 20 hereof.
If, after reviewing the report and assessing the availability of insurance proceeds
after satisfaction of any modgigee's/lender's claims wider paragraph 12,Grantor and the BCPC
are unable to agree that the Purpose of the Restriction will or will not be served by such
restorationlreconstruction,the mw=may be referred by either party to binding arbitrafion and
settled in accordance with the Commonwealth of Massachusetts arbitration-statute then in effect,
and all other applicable laws,rules,regulations,and ordinances. Arbitor shall have experience in
historic preservation matters.
12.Insurance- Grantor shall keep the Building insured by an insurance company rated
"A4"or better by Best's for the full replacement value against loss from the perils commonly
insured under standard fire and extended coverage policies and comprehensive general liability
insurance against claims for personal injury,death and orooertv damage. Property damage
inmmmce shall include change in condition and . i ordinance coverage, in form
and amount sufficient to replace fidly the damaged Building without cost or expense to Grantor
or contribution or coinsurattee from Grantor.Grantor shall deliver to the BCPC,within ten(10)
business days of the BCPC's written request thereof,certificates of such insurance coverage.
Provided,however,that whenever the Property is encumbered with a mortgage or deed of bust
nothing contained in this pamgraph shall jeopardize the prior claim if any,of the
mortgagee/lender to the insurance proceeds.
13. 1ndemnification: Grantor hereby agrees to pay,prouct,indemnify, hold harrnless
and defend,at its own cost and expense,Grantee, its boards,commissions, appointees,agents,
directors,employees,or independent contrwtors from and against any and all claims,liabilities,
expenses,costs,damagm losses and expenditures(including.attomeys' fees and disbursements
hereafter incurred)arising out of or in connection with injury to or death of any person as a result
of the existence of this Restriction;physical damage to the Building;the presence or release in,
on,or about the Ffistoric Resource,at any time,of any substance now or hereafter defined, listed,
or otherwise classified pursuant to any law,ordinance or regulation as a hazardous,toxic,
polluting or contaminating substance;or other injury or other damage occurring on or about the
Building; unless such injury, death,or damage is caused by Grantee or its boards,commissions,
appointees,agents,directors, employees,or independent contractors. In the event that Grantor is
required to indemnify Grantee pursuant to the terms of this paragrapli, the amount of such
indemnity, until dischwged, shall constitute a lien on the Property with the same effect and
priority as a mechanic's licn.
.14. Written Notice: Any notice which either Grantor or Grantee may desire or be
required to give to the other party shall be in writing;
Grantor-
7
Street
Bridgewater, MA 02324
Grantee: Town of Bridgewater
c/o Community Preservation Committee
Town Hall—Central Square
Bridgewater,MA 02324
Each party may change its address so forth herein by a notice to such effect to the
other party-
15. Evidence of CoMplian Upon request by Grantor, Grantee shall promptly furnish
Grantor with certification that,to the best of Grantee's knowledge, Grantor is in compliance with
the obligations of Grantor contained herein,or that otherwise evidence the status of this
Restriction to the extent of Grantee's knowledge thereof.
16. jpRRg9on: With the consent of Grantor, Grantee or its representatives shall be
permitted at reasonable times to inspect the exterior of the and the Property on
an annual basis. Grantor covenants not to withhold uruvasonably its consent in determining dates
and times for such inspections.
17. Grantee's Remedies: The Grantor, for itset� its assigns and successors, expressly
acknowledges that a violation of this Preservation Restriction Agreement, including a failure to
expend such Funds for their intended purposes, may result in the Committee exercising its right
to enforce the terms and conditions of the Restriction by seeking appropriate legal and equitable
relief, including,but not limited to, restoration of the! ,repayment of the Funds,
and such other legal and equitable remedies as may be available to the Committee to effectuate
the purposes of this Restriction and to enforce the Grantor's obligations hereunder.
In the event Grantor is found to have violated any of its obligations, Grantor shall
reimburse Grantee for any costs or expenses incurred in connection with Grantee's enforcement
of the terms of this Restriction, including all court costs,and aftorneys', architectural,
engineering,and expert-witness fees. Grantor shall,at its own expense and with approval of
BCPC, reverse any actions or activities which violated this restriction and altered the Building.
Nothing in this Restriction shall impose upon the BCPC any duty to maintain or
require that the' (be maintained in any particular state or condition, notwith-
standing the BCPC's acceptance hereof Enforcement of the terms of this Preservation
Restriction shall be at the discretion of the BCPC. Any election by the BCPC as to the manner
and timing of the exercising of its right to enforce this Preservation Restriction or otherwise
8
exercise its rights hereunder shal I not be deemed or construed to be a waiver of such rights. By
its acceptance of this Preservation Restriction, the Committee does not assume any liability or
obligation relating to the condition of the including compliance with hazardous
materials or other environmental laws and regulations.
18. Notice from Government Authorities: Grantor shall deliver to Grantee copies of any
notice of violati o* n or lien relating to the . received by Grantor from any -
government authority within five(5)days of receipt by Grantor. Upon request by Grantee,
Grantor shall promptly fin-nish Grantee with evidence of Grantor's compliance with such notice
or lien where compliance is required by law.
19.Notice of Proggsed Sale: Grantor shall promptly notify Grantee in writing of any
proposed sale of the Property and provide the opportunity for Grantee to explain the term of the
Restriction to potential new Grantors prior to sale closing.
20. Runs with the Land: Except as provided in Paragraphs I I and 12,the restrictions,
obligations and duties set forth in this Restriction shall run with the Property and shall inure to
the benefit of the BCPC and all parties claiming by,through or under the BCPC and shall bind
the Grantor and all parties claiming by,through or under the Grantor. The rights hereby granted
to the BCPC constitute the perpetual right of the BCPC to enforce this Preservation Restriction
Agreement The Grantor hereby covenants for itself to stand seized and hold title to the I I
4 1 subject to the terms of this Restriction. This Restriction shall extend to and be binding
upon Grantor and Grantee, their reVective successors in interest and all persons hereafter
claiming under or through Grantor and Grantee,and the words"Grantorand"Grantee"when
used herein shail include all such persons. Any right,title,or interest herein granted to Grantee
also shall be deemed granted to each successor and assign of Grantee and each such fol.lowing
succeswr and assign thereof,and the word"Grantee"shall include all such successors and
assigns.
Anything contained herein to the contrary notwithstanding, Grantor of the Property shall
have no obligation pursuant to this instrument where such Grantor shall cease to have any
Grantorship interest in the Property by reason of a bona fide transfer. Ile restrictions,
stipulations and covenants contained in this Restriction shall be ftL%TW by Grantor,verbatim or
by express reference, in any subsequent deed'or other legal instrurnent by which Grantor divests
itself of either the fee simple title to or any lesser estate in the Property or any part thereof,
including by way of example and not limitation,a lease of all or a portion of the Property.
21. Assigmcnt: Grantee may convey,assign,or transfer this Restriction to a unit of
fedend, state, or local government or to a similar local,state,or national organization that is a
"qualified organization"under Section 170(h)of the Internal Revenue Code and that qualifies
under the Act,whose purposes, inter alia,are to promote preservation of historical, cultural, or
architectural rmurces,provided that any such conveyance, assignment or transfer requires that
the Purpose for which the Restriction was granted will continue to be carried out. Grantor shafl
give prior written approval of such conveyance,assignment,or transfer by Grantee, such
approval not to be unreasonably withheld.
9
22. Alternate Desip—ee: Grantee may,at its discretion, remove and replace the BCPC as
its designee to administer, manage, and enforce this Restriction, provided that any new designee
is qualified as such under the Act and other applicable law.
23. Recording and Effective Date: Grantee shall do and perform at its own cost all acts
necessary to the prompt recording of this Restriction which shall become effective upon its being
duly executed by the Grantor, the Committee, the Massachusetts Historical Commission, and it's
being recorded with the Plymouth County Registry of Deeds.
24, ExtinmdshmoA Grantor and Grantee hereby recognize that an unexpected change in
the conditions surrounding the Property may make impossible the continued Grantorship or use
of the Property for the Purpose of this Restriction and necessitate extinguishment of the
Restriction. Such a change in conditions may include, but is not limited to,partial or total
destruction of the! resulting from casualty. Such an extinguishment must be the
result of a judicial proceeding and shall meet the requirements of the Act for extinguishment. In
the event of a sale of the Property, net proceeds of sale shall be paid to Grantor.
25. Condemnation: If all or any part of the Property is taken under the power of eminent
domain by public,corporate,or other authority,or otherwise acquired by such authority through a
purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time
of such taking to recover the fidl value of those interests in the Property that are subject to the
takbV and all incidental and direct damages resulting fiorn the taking. All expenses reasonably
incurred by Grantor and Grantee in connection with such taking shall be paid out of the
recovered proceeds.Such recovered proceeds shall be paid to Grantor.
26. InigpMkfio The following provisions shall govem the effectiveness,
interpretation,and durationof the.Restriction:
a. Any rule of strict construction designed to limit the breadth of restrictions on
alienation or use of the Property shall not apply in the construction or
interpretation of this Restriction and this instrument shall be interpreted broadly to
affect its Purpose and the transfer of rights and the restrictions on use contained
herein.
b. This instrument may be executed in two counterparts,one of which is to be
retained by Grantor and the other,after recording, to be retained by Grantee. In
the event of any disparity between the counterparts produced, the recorded
counterpart shall in all cases govern. Except as provided in the preceding
sentence,each counterpart shall constitute the entire Restriction of the parties.
C. This instrument is made pursuant to the Act,but the invalidity of such Act or any
part thereof shall not affect the validity and enforceability of this Restriction
according to its term, it being the intent of the parties to agree and to bind
themselves, their successors and their assigns in perpetuity to each term of this
instrument whether this instrument be enforceable by reason of any statute,
10
common law or private Restriction either in existence now or at any time
subsequent hereto.
d. Nothing contained herein shall be interpreted to authorize or permit Grantor to
violate any ordinance or regulation relating to materials,
construction methods or use. In the event of any conflict between any such
ordinance or regulation and the terms hereof Grantor promptly shall notify
Grantee of such conflict and shall cooperate with Grantee and the applicable
governmental entity to accommodate the purposes of both this Restriction and
such ordinance or regulation.
If any court or other tribunal determines that any provision of this instrument is
invalid or unenforceable, such provision shall be deemed to have been incorporated herein
automatically to conform to the requirements for validity and enforceability as determined by
such court or tribunal. In the event any provision invalidated is of such a nature that it cannot be
modified, the provision shall be deemed deleted from this Preservation Restriction as though it
had never been included herein. In either case,the remaining provisions of this instrument shall
remain in full force and effect.
27.Am If circumstances arise under which an amendment to or modification of
this Restriction would be appropriate,Grantor and Grantee may by mutual written agreement
jointly amend this Restriction,provided that no amendment shall be made that will adversely
affect the qualification of this Restriction or the status of Grantee under any applicable law. Any
such amendment shall be consistent with the protection of the preservation values of the Property
and the Purpose of this Restriction; shall not affect its perpetual duration; shall not permit any
private inurement to any person or entity;and shall not adversely impact the overall architectural
and historic values protected by this Restriction.Any-such amendment shall be effective when
the requirem6nu of the Act with reVect to amendments have been met and the amendment is
recorded in the Plymouth County Registry of Deeds. Nothing in this paragraph shall require
Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any
amendment.
28. Release: This Preservation Restriction is intended to be a restriction in gross in
perpetuity and may only be released, in whole or in part, by the BCPC pursuant to the procedures
for approval by the Massachusetts Historical Commission established by Chapter 40, Section
15A,and Chapter 184, Section 32,of the General Laws as amended,and in accordance with
Article 97 of the Amendments to the Massachusetts Constitution and otherwise by law.
29. Subordination: (ARE THERE ANY PRIOR RESTRICTIONS, HISTORICAL OR
OTHERWISE ON THE BUILDING)
IN WITNESS WHEREOF, the Grantor sets its hand and sea] this day of
2007.
(who is authorized by By-
Laws
To execute deeds, mortgages,
restrictions,-
Easements,etc.)??
By:
COMMONWEALTH OF MASSACHUSETTS
Plymouth, ss. 2007
On this day of 2007, before me, the undersigned notary public,
personally appeared
___proved to me through satisfactory evidence
of identification, being(check whichever applies): 0 driver's license or other state or federal
governmental document bearing a photographic image, 0 oath or affirmation of a credible
witness known to me who knows the above signatory, or 0 my own personal knowledge of the
identity of the signatory, to be the persons whose names are signed above,and acknowledged the
foregoing to be signed by him/her/thern voluntarily for its stated purpose,as
of'
Notary Public
My Commission Expires:
Print Notary Public's Name:
12
ACCEPTANCE BY TOWN QF BRIDGEWATER COMMUNITY PRESERVATION
COMMITTEE
We,the undersigned, being a majority of the Town of Bridgewater Community Preservation
Commission, Bridgewater, Plymouth County, Massachusetts, hereby certify that at a meeting
duly held on 2007, said Committee voted
to accept the fore-going Preservation Restriction and agreed to be bound by its terms.
COMMONWEALTH OF MASSACHUSETT'S
Plymouth, ss. 2007
On this day of 2007, before me, the undersigned notary public,
personally appeared
___proved to me through satisfactory evidence
of identification, being(check whichever applies): 0 driver's license or other state or federal
governmental docwnent bearing a photographic image, 0 oath or affirmation of a credible
witness known to me who knows the above signatory,or 0 my own personal knowledge of the
identity of the signatory, to be the persons whose names are signed above,and acknowledged the
foregoing to be signed by him/her/them voluntarily for its stated purpose,as members of the
Bridgewater Community Preservation Committee.
Notary Public
My Commission Expires:
Print Notary Public's Name:
13
ACCEPTANCE BY TOWN OF BRIDGEWATER BOARD OF SELECTMEN
We,the undersigned, being a majority of the Board of Selectmen of the Town of Bridgewater,
Plymouth County, Massachusetts, hereby certify that at a meeting duly held on 2007,
said Board voted to accept the foregoing Preservation Restriction.
..-on,Jr., Chair
-1hrmn.
Clerk
Member
Member
COMMONWEALTH OF MASSACHUSETTS
Plymouth, ss. 12007
On this day of 2007,before me,the undersigned notary public,
personally appeared
proved to me through satisfactory evidence of identification, being(check whichever applies): El
driver's license or other state or federal governmental document bearing a photographic image, D
oath or affirmation of a credible witness known to me who knows the above signatory,or 0 my
own personal knowledge of the identity of the signatory,to be the persons whose names are
signed above, and acknowledged the foregoing to be signed by him/her/them voluntarily for its
stated purpose,as members of the Town of Bridgewater Board of Selectmen.
Notary Public
My Commission Expires:
Print Notary Public's Name:
14
APPROVAL BY MASSACHUSETTS HISTORICAL COMMISSION
The undersigned, Brona Simon,Executive Director and Clerk of the Massachusetts
Historical Commission, hereby certifies that the foregoing Preservation Restriction Agreement
has been approved pursuant to Massachusetts General Laws, Chapter 184, Section 32
Date
Brona Simon,
Executive Director and Clerk,
Massachusetts Historical Conunission
COMMONWEALTH OF MASSACHUSETTS
Suffolk,ss. 2007
On this_day of 2007, before me,the undersigned notary
public,personally appeared
___proved to me through satisfactory evidence
of identification, being(check whichever applies): 0 driver's license or other state or federal
governmental document beating a photogr*dc itnage, 0 oath or affirination of a credible
witness known to me who knows the above signatory,or 0 my own personal knowledge of the
identity of the signatory,to be the persons whose names are signed above, and acknowledged the
foregoing to be signed by him/hcr/thern voluntarily for its stated purpose,on behalf of the
Massachusetts Historical Cornmission.
Notary Public
My Commission Expires:
Print Notary Public's Name:
15
Exhibits
Exhibit A:
1. Property legal description from deed
Exhibit B(Baseline Documentation):
I. Leo Description of Property;
2. Deed to property at .3treet, dated
6. As built drawings of the building dated
(Copies of Items 1, 2,4, 5, and 6 are recorded herewith at the Plymouth County Registry;
all items, including original photographs and drawings listed as Items 3 and 6, are on file
in the offices of the Grantor,the Grantee,and the BCPQ
Exhibit C (Restriction Guidelines):
The purpose of the Restriction Guidelines is to clarify paragraphs 5 (five)and 6(six)of
the terms of the preservation restriction which deals with alterations to the premises.
Under these sections permission from the Bridgewater Community Preservation
Committee(BCPQ is required for any major alteration. Alterations of a minor nature
which are part of ordinary maintenance and repair do not require BCPC review.
In an effort to explain what constitutes a minor alteration and what constitutes a major
change which must be reviewed by the BCPC,the following list has been developed, By
no means is this list comprehensive: it is only a sampling of some of the more common
alterations which may be contemplaW by building owners.
PAINT
Minor-Exterior hand scraping and repainting of non-decorative and non-
significant surfaces as part of periodic maintenance.
Mgipr- Painting or fidly stripping exterior decorative surfaces or distinctive
exterior stylistic features including murals, stenciling, wallpaper, ornamental
woodwork, stone,decorative or significant original plaster.
WINDOWS AND DOORS
Minor-Regular maintenance including caulking,painting and necessary
reglazing. Repair or in-kind replacement of existing individual decayed window
parts-
Mai r- Wholesale replacement of exterior units;change in fenestration or
lo
materials; alteration of profile or setback of windows. The addition of storm
windows is also considered a major change, however, with notification it is
commonly acceptable.
16
EXTERIOR
Minor- Spot repair of existing cladding and roofing including in-kind
replacement of clapboards, shingles, slates, etc.
Ma
jJor- Large scale repair or replacement of cladding or roofing. Change
involving inappropriate removal or addition of materials or building elements (i.e.
removal of chimneys or cornice detailing; installation of architectural detail which
does not have a historical basis); altering or demolishing building additions;spot
or extensive repointing of masonry. Structural stabilization of the property is also
considered a major alteration.
LANDSCAPE/OUTBUILDINGS
Minor- Routine maintenance of outbuildings and.landscape including lawn
mowing,pnniing,planting,painting,and repair.
MLijor-Moving or subdividing buildings or property;altering or removing
significant landscape features such as trem gardens, vistas,and large plantings
where such changes would alter the view of the building.
WALLS/PARTITIONS
Minor-Making fidly reversible changes(i.e. sealing off interior doors in situ,
leavi�g doors and door openings fully exposed)to the spatial arrangement of a
non-significant portion of the building.
Major-Creating new operangs in exterior walls or permanently scaling off
existing exterior openings; adding permanent partitions visible from the exterior;
demolishing existing walls;removing or altering stylistic features;
HEATING/AIR CONDMONING/ELECTRICAI-/PLUMBING SYSTEMS
h4inor-Repair of existing systems.
Ma"or-Installing or upgrading systems which will result in major exterior
appearance changes (i.e.dropped ceilings,disfigured walls or floors visible from
the exterioithrough windows)or may potentially effect the physical
characteristics or long-term structural integrity of the building. For example,
adding air conditioning or humidification to an historic building may result in
detrimental condensation within exterior walls.
Changes classified as major alterations are not necessarily unacceptable. Under the
preservation restriction such changes must be reviewed by the BCPC and their impact on
the historic integrity of the premise assessed.
it is the responsibility of the property owner to notify the BCPC in writing when any
17
major alterations,are contemplated. Major alterations will necessitate review of plans and
specifications by BCPC.
18
Page I of 2
barbara bard
From: Jennifer Bonfiglio
Sent: Monday, November 28, 2011 1:25 PM
To: barbara bard
Subject: FW: use of CPA funds for rehabilitation of a historic structure in Agawam
Barb, Is it possibly for you to email this to CPA sub committee members for tonights meeting. Deb will
also be bringing paper copies. Thanks
From: Katherine Roth [mailto:Katherine.Roth@communitypreservation.org]
Sent: Monday, November 28, 201112.47 PM
To: Jennifer Bonfiglio
Cc: Becky Gallagher; Stuart Saginor
Subject. use of CPA funds for rehabilitation of a historic structure in Agawam
Hi Jennifer:
You inquired recently as to whether we felt that Agawam's CPA funds could be used to rehabilitate a
historic building, formerly a furniture store, on a main street in Agawam. You mentioned that the
building is privately owned and will be used by its owner for a private business, and that-the owner is
seeking CPA funds only for a portion of the planned rehabilitation work, specifically to fund
improvements that will make the structure compliant with current building and ADA compliance codes.
You also mentioned that the owner of the historic structure is willing to grant a historic preservation
deed restriction on the property to the town in exchange for the grant of CPA funds.
CPA funds can be used to rehabilitate significant historic resources, that is, historic resources that are
listed or eligible to be listed in the state register of historic places or that have been deemed to be
significant to the history, culture, archeology, or architecture of the city or town. For more information
on determining significance, see the following article:
Which Historic Projects Qualify for CPA Funding? (March 2009)
Under CPA, "rehabilitation" is deflned as follows:
MGL Chapter 44B, Section 2:
"Rehabilitation", the remodeling, reconstruction and making of extraordinary repairs to historic
resources, open spaces, lands for recreational use and community housing for the purpose of making
such historic resources, open spaces, lands for recreational use and community housing functional for
their intended use, including but not limited to improvements to comply with the Americans with
Disabilities Act and other federal, state or local building or access codes.With'respect to historic
resources, rehabilitation shall have the additional meaning of work to comply with the Standards
for Rehabilitation stated in the United States Secretary of the Interior's Standards for the
Treatment of Historic Properties codified in 36 C.F.R. Part 68. [bolding added]
So yes, Agawam's CPA funds can be used for this rehabilitation project, as long as the structure has
been determined to be significant to the history, culture, architecture, or archeology of Agawam, and as
long as there is a demonstrable public benefit to the project. A demonstrable public benefit is required by
the Anti-Aid Amendment to the state's constitution in cases when public funds are going to be invested
in a privately owned historic structure. For more on the Anti-Aid Amendment and the use of CPA funds
on privately owned structures, see the following article: Can CPA Fund Private Proiects? (January 2008)
In this case, the historic preservation deed restriction can serve as the demonstrable public benefit-
12/2/2011
Page 2 of 2
Agawam will gain permanent ownership over the historical elements of the structure that are covered by the
deed restriction in exchange for its investment of CPA funds.
It's important that MA cornmunities make these investments, because it is what allows us here in MA to continue
to market ourselves as important heritage tourism landmarks and derive tourist revenues from folks interested in
our country's colonial and early industrial era histories. (Tourism is our third largest industry in MA, I believe.)We
have to partner with private owners in this, because our cities and towns just can't own and operate every
historic structure! The fact that you say the owner in this case is wi�lling to grant a historic preservation deed
restriction on the property to the community and comply with the Secretary of the Interior's Standards for
Rehabilitation (the latter is required with CPA rehabilitation projects) is a good sign that the owner is most likely
going to be a good partner with the community on preserving this historic asset.
I hope this helps answer your question, but don't hesitate to call if any of the above is unclear or if you need
additional assistance -
Best,
Kathy
Katherine Roth
Associate Director
Community Preservation Coalition
617-367-8998
katherine.roth(cDcommunilyrjreservation.org
Please Note: The Community Preservation Coalition does not render legat opinions or advice,and recommends consulting with an attorney.
12/2/2011
FA
ED Town of Agawam
Interoffice Memorandum
Date: November14, 2011
To.- City Council
From: Jennifer Bonfiglio
RE: CPA Application
The Community Preservation Committee, has unanimously recommended the following
application form Coopers Common to the city council for a vote. Kate Gourde has plans to
do historic preservation, rehabilitation and ADA improvements to the old Country Squire
building at 161 Main Street. She has included a summary with a complete description. (see
attachment)
Dave Cecchi has already been contacted and has provided a letter stating the building is
significant in the history, archaeology, architecture, or culture of a city or town as required by
the Act. In addition the building is located in Agawam's local historic registry.
I have also notified the applicant that CPA committee will require a Preservation/Deed
Restriction if any amount of CPA funds are awarded for rehabilitation of a private property.
According to the CPA act, CPA funds can be used to fund a project on a private property if
the project is advancing a public purpose, such as the public acquiring a deed restriction,
providing public access to the property or some other benefit.
Let me know if you have any questions or need any additional information.
Ca
Thank You, Jennifer
C:)
3b.CD
C1
barbara bard
From: Jennifer Uenbonftg@comr-ast.net)
Sent: Wednesday, November 02, 2011 11:58 AM
To: Vince Gioscia; Rebecca Budreau; barbara bard
Cc: Henry Kozloski; Cheryl StJohn
Subject: Coopers CPA Resolution
As you may be aware Kate Gourd from Coopers recently applied for CPA funding in the amount
of approx. $130, 000 for ADA and building code improvements to the historic building on
Main St. (formerly known as Country Squire) . The CPA committee unanimously voted to
recommend this application to the City Council. A resolution will be needed so that we
can get this on the next Council agenda as new business and also schedule a CPA and
Finance sub-committee meeting.
Vince, I believe you should have all the information you might need in the copy of the
application I emailed to you last week. Cheryl will also need to review the resolution.
Barb, Kate will be getting me the additional copies of the application you will need for
the Council. Once the resolution is prepared I will send all the supporting documentation
to you. Let me know when the sub committee meetings will be so that I can notify Kate.
Thanks for your help! Let me know if you need anything!
Sent from my iPhone
TR-201 I
A RESOLUTION APPROPRIATING FROM THE COMMUNITY PRESERVATION
FUND AND AUTHORIZING THE EXPENDITURE OF COMMUNITY
PRESERVATION FUNDS FOR COOPER COMMONS, 161 MAIN STREET,
AGAWAM, MA
WHEREAS, voters of Agawam voted to form a Community Preservation
Committee; and
WHEREAS, one of the Committee's functions is to fund Historic Preservation and
to Rehabilitation/Restoration of historic sites; and
WHEREAS, 161 Main Street, Agawam, Massachusetts has been designated an
historic site; and
WHEREAS, said funds shall be used to assist in the preservation and restoration of
161 Main Street, Agawam, MA; and
WHEREAS, the Community Preservation Committee has recommended such
appropriation and expenditure; and
WHEREAS, it is in the best interests of the public and the City of Agawam to
appropriate from the community preservation fund and authorize the expenditure of community
preservation furids for the preservation and restoration of 161 Main Street, Agawam, MA;
NOW THEREFORE, the AGAWAM CITY COUNCIL hereby resolves,
appropriates, and authorizes the expenditure of Community Preservation Funds in the amount of
one hundred thirty thousand seven hundred and 00/100 dollars ($ 130,700.00) for the
preservation and restoration of 161 Main Street, Agawam, MA; and
The AGAWAM CITY COUNCIL hereby ftu-tber resolves that the Mayor is
authorized to expend said funds, as permitted by law, and to do all things necessary for the
purposes so stated.
Dated this day of 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, Agawam City Council President
dPPR VEJDTO FORM AND LEGALITY
Vincent tc-G�ioscia, City Solicitor
COOPERS
0`11*�
c- o - m . m . o - n - 5
Kathleen Gourde
Cooper's Commons, LLC
161 Main Street
Agawam, MA 01001
The Cooper's Commons concept was developed to best repurpose and utilize the existing
structure of the majestic historic landmark building located at 159 Main Street in Agawam. The
Robert Cooper House was begun in 1861. It is an impressive example of Italianate architecture.
The building is listed on the Town of Agawam's Inventory of Historic Structures. It has been
recognized by the Agawam Historic Commission as one of the town's most important historical
resources.
It was a private home until the 1950's when my father, Arthur J. Leary,Jr., bought the property
to be the home to Country Squire Furniture. My dad was an avid historian, and tried to find
ways to preserve and honor history in every way that he could. He took meticulous care of the
property over the years, winning numerous beautification awards along the way, and
establishing the site as a well-known landmark. He collected antiques for display both inside
and out; everyone knows the "big red place on Main Street, with the white horse in front".
Dad worked tirelessly for decades, and his hard work paid off. Country Squire had a sterling
reputation as an affordable store for great quality furniture that would last for generations.As
the business grew, so did the building. He added an addition each decade, for a total of 5;
topping out at 14,000 square feet. He also loved architecture and had an affinity for old barns.
So, in the 70's he purchased two tobacco sheds, which he deconstructed and moved to be re-
built as a carriage house behind the Country Squire Shop. He did this to house Ensign Cooper's
(now d.b.a. as 'Cooper's'); a gift shop to compliment the furniture store. This shop was named
to honor Ensign Thomas Cooper,the naval war hero who lived in the front building in Civil War
days.
I have vivid memories of coloring at the gift wrap counter at Cooper's after school, and I worked
there all through my high school years. Myself and one of my sisters came back after college to
join Dadin the family businesses in the late 1980's. While my sister ran the furniture shop with
Dad, I started trying on other responsibilities at Cooper's such as buying, merchandising and
marketing. That is when I truly fell in love with my career. I worked 7 days and 2 nights a week
for many years; loving every minute of it. It has been a rewarding career for 23 years.
The Cooper Shop is well-established with a loyal following and healthy traffic flow of a primarily
female demographic. In March of 2011, Cooper's added the attraction of Floral Concepts by
Tom to its appeal. The two businesses complement each other very well, The neighboring
businesses of the Main Street Deli and Hidden Treasures Crafts add to the village-like shopping
destination.
The Country Squire Furniture Shop retired and closed after 53 years of success. It was time to
write the next chapter in a long and colorful history of this beautiful building, in a prime
location. My husband and I decided to build on the success of Cooper's; and create a larger,
more diversified, shopping destination. A place where Thornes Market, Northampton meets
the Village Commons, South Hadley. The Longmeadow Shops of Agawam.
I have spent my entire life and career on this property, and in the Spring of 2011, my husband
and I made the financial commitment to own it; buying it from my father's Trust. We have four
children under 10 years old, and all of the fiscal responsibilities that go along with a home and
family. This was a commitment of huge proportions. We believe strongly in the need for its
preservation, and that it has the potential to be a tremendous asset to the Town of Agawam.
To say that this property is expensive to own, is an understatement. Taxes and insurance alone
are quite a task each quarter. We have made a huge commitment to this property with our own
funds already; installing a required backflow preventer to the sprinkler system for$6,800, and
payments to our design firm of$6750. Besides our own investments, we are seeking a equity
line through Westfield Bank. The possibility of a grant from the Community Preservation Act
and the City Council is truly a gift in our eyes. We are deeply committed to the protection and
preservation of this beautiful building. We are looking to enhance its features, restore its
majesty, and rehabilitate the building for all of the Town of Agawam to enjoy and be proud of.
As I said in the beginning of this summary, my Dad was an avid historian. He shared that
appreciation with his children. My husband shares my interests; we both enjoy learning,
preserving and sharing the valuable lessons learned from history of all kinds with our four
young children. They, like myself, are growing up on this property. What we do here with this
property will be our legacy to them. They will be the guardians someday for Cooper's
Commons.
Minimal changes to the existing structure allow for the historic charm to remain. We have
concentrated on a design that will enhance the character' while allowing complete ADA
accessibility for our customers. We have been working very well with our team of TNT
Consulting Services of Hadley on the architectural design, and with the Agawam Building
Department.
The total project will easily run over$200,000. Certain parts of the project, such as replacing
the HVAC system, and expanding the parking lot can wait until a later date. Some areas must be
done first to get the building open. We had planned to approach the project in phases, with the
first floor being Phase I. We have received our Master Building Permit for the Phase I project
to start the work to the common spaces. Our tenants can now apply for their permits to ready
their spaces within the building also. We are anxious to get the project underway, and we have
tenants eager to be open for business.
The building needs ADA compliance to the exterior and interior to allow full access. On the
exterior, this will include a handicap ramp and new entrance doorway. Inside, an archway
needs to be widened to allow a wheelchair to pass into the common foyer. The existing
structure is quite naturally adaptable to being sub-divided into smaller spaces with a central,
common foyer and corridors leading to and from the common foyer. The common foyer will
offer ADA restrooms and a coatroorn for customers use. The common foyer will also house a
vertical wheelchair lift to the second floor, and will make stops that will conquer elevation
changes on both floors. Restructuring a stairwell to allow pedestrian passage beneath it will
allow full access from the common foyer to a front hall that will gain entrance to two beautiful
tenant spaces in the original part of the building.
A grant from the Community Preservation Act and the City Council would also allow us to install
a complete vertical wheelchair lift to accommodate handicapped access to the second floor.
This would allow us to renovate and open the second floor much sooner than originally
anticipated. We have had strong interest from prospective tenants for these second floor
spaces. As we had been concentrating on the first floor as Phase 1, we do not yet have all of the
necessary quotes to present Phase 2, the second floor.
We feel that it would be very beneficial to the project to have funds available to add period
lighting both inside and out. Walks, park benches and landscaping would create an atmosphere
for patrons to enjoy the view from atop the Main Street knoll. This could be part of Phase 2
when the weather allows for outdoor improvements;giving us more time to gather quotes for
the necessary work. Phase 2 will be a much smaller expense than Phase 1, as most of the ADA
requirements will be accomplished in Phase 1.
The common foyer will honor the history of the property with artifacts and photographs. A
scholarship display in my dad's memory will have an engraved plaque added each year with the
recipients' name. The scholarship is granted to an Agawam resident, majoring in Business. The
wall space within the common will be available to local artists to showcase their work. These
areas will showcase the rich history of the property and of the town, and the talent it is home
to. Benches in the common areas would allow guests to take a break while shopping and take in
the history and art that will be displayed.
The property is also of historic significance as it was the site of the ferry landing in town, and
was recorded by George Washington when he crossed the Westfield River. In 2010 the Army
Corps of Engineers took action to stop an erosion issue behind the Cooper's building. They did
an outstanding job, leaving the area greatly improved. I can see potential for a place to honor
our founding fathers history there.
The name Cooper's Commons is both a nod to the history of the Cooper family that owned the
property in the Civil War era, and to the Cooper's Gift & Curtain Shop which has operated in the
adjacent barn for 37 years. Both of the buildings will be encapsulated in the Cooper's
Commons complex. We want our visitors to feel that they must see every space in both
buildings, and in the neighboring Deli building, to have experienced all that our village has to
offer.
As I had done in the past, I once again turned to my Cooper's customer base to get their
feedback on what types of businesses they would like to see in Cooper's Commons. We have
had some great leads as a direct result of our customers suggestions. The enthusiasm for the
project has been overwhelming. Everyone is thrilled with the idea of utilizing this gorgeous
landmark in a way to showcase vibrant businesses in the heart of Agawam.
Filling the building with distinctive retail shops and specialty services that complement one
another, rather than compete, will draw and share customers with each other, and with the
Cooper's Shop. Businesses that cater to women will be the formula that encourages customers
to linger and browse. Women can spend time here with friends, and enjoy shopping as
recreation. We are currently negotiating with a hair salon, a skin and nail salon, an antiques
cooperative and a coffee roaster. Other recent inquiries have come from a photographer, a
Pilates studio and an Irish shop.
I am planning to promote our plans for the project via press releases; and articles in the
Agawam Advertiser, Business West and Western Mass Women's Magazine. We will unveil the
completed Cooper's Commons to the public through all of the outlets that have been successfu I
in Cooper's history, television, radio, print, direct mail, email, social media, etc. All of the
tenants we are working with are enthusiastic to promote the complex as a whole experience. A
'Shop Local' theme will be the focus of an advertising campaign led by a professional marketing
firm. The future holds great promise of making Cooper's Commons a tourist destination by
working with local Chambers of Commerce, the Greater Springfield Visitors and Convention
Bureau, and tour bus groups.
We respectfully ask the Community Preservation Act and the Agawam City Council for their
consideration of a grant in the amount of$130,700 to accomplish Phase 1 of this project. As I
previously stated, we see this opportunity as a gift. We understand the need for Agawam to
have a preservation guarantee in place, and we are most willing to work with the town on that
agreement.
CPA Grant Expenses:
Professional Fees:
TNT Consulting $15,000
Building Permit $300
Construction:
Exterior Ramp $9,946
Construct Entrance/Restrooms $20,000
Plumbing $19,500
Electrical $5,325
Vertical Wheelchair Lift $28,489
Prep/Build for Lift $5,000
Stairwell Reconstruction $9,430
Awning for Entrance $4640
Margin for unforeseen expenses: +10%
Total: $130,700
Quotes:
A) Exterior Ramp
1)W&I Construction (includes excavation) $9,946
2) Ron Lamagdeleine $16,000
3)Yankee Woodworkers $7360
B) Entrance/Door&Archway to Common Foyer
1) Ron Lamagdeleine $2, 900
2) Baystate Hardware&Accessories(quote coming) $2,300
C) Restrooms-first floor
Construction:
1) Baystate Hardware&Accessories $25,303
2)Yankee Woodworkers $18, 200
(with painted door&tile labor)
3) Ron Lamagdeleine $11,800
Electrical:
1) Menard Electric $5,325
2) Marion Electric $7,840
Plumbing:
1)Aquarius Plumbing $16,895
2)Jacquinet Plumbing $28,500
3) Bill O'Hare $19,500
4) Ron Lamagdeleine $20,800
(V&F Plumbing)
Partitions:
1) Building Specialties/Architectural Hardware, Inc $2,600
D)Vertical Wheelchair Lift $28,489
E)Stairwell Reconstruction& Passage Doorway
1) Ron Lamagdeleine $9,430
2)Contemporary Structures $5,778
(need to add $4,000 for demo&new landing)
F)Architectural Design (TNT Consulting) $15,000*
* $6,700 has already been paid by the Gourdes
..........
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