950 CMR, § 73.03

Current through Register 1536, December 6, 2024
Section 73.03 - Definitions

Allowable Costs shall mean the applicant's costs associated with pre-development, construction, and acquisition activities, where historic fabric is directly involved. The computation of these costs will be the basis of the grant request.

Application shall be the form provided by the Massachusetts Historical Commission, from which final selections are made for finding. The application sets forth the scope of the proposed project, as well as conditions of funding, and will provide details o f the project and its implementation. The Massachusetts Historical Commission will provide the applicant with published guidelines and instructions relative to the completion and evaluation of an application.

Eligible Applicants shall include any non-profit organization and municipality which owns or has an interest in property, a landscape or a site and which is listed or eligible to be listed as further defined in application guidelines in the State Register of Historic Places.

Eligible Projects shall consist of pre-development, which may include the conducting of studies necessary to enable future development or protection of a State Register property, such as historic structures report, feasibility studies and certain archaeological investigations; development, which may include preservation, stabilization, protection, rehabilitation and restoration of endangered historic properties; and, acquisition which encompasses a request to acquire State Register properties that are imminently threatened with inappropriate treatment, alteration or destruction.

Endowment Option is available for development projects only. The applicant may request that 75% of the total project cost be funded by a Massachusetts Preservation Projects Fund grant. The recipient agrees to set aside anadditional amount equivalent to 25% of the total project cost in an endowment fund, the interest from which would be limited to use for maintenance of the grant assisted property. Endowment funds must be established with new cash only.

Grant shall include matching share and endowment option monies awarded by vote of the MHC to eligible applicants in accordance with procedures described herein. This shall not include emergency funds, which are to be distributed solely by the Secretary.

Ineligible Costs shall mean that projects consisting primarily of routine maintenance, replacement of mechanical systems, renovation of non-historic spaces, or construction of additions, will generally not be considered. Architectural/engineering fees are not eligible for funding.

MHC shall mean, unless the context otherwise requires, the Massachusetts Historical Commission, a division within the Office of the Secretary of the Commonwealth, and its staff, as established pursuant to M.G. L. c. 9, § 26. Notices of MHC meetings are posted as required by M.G. L. c. 30A, § 11A1/2 and are open to the public.

MPPF shall mean the Massachusetts Preservation Projects Fund established and funded pursuant to St. 1994, c. 85, § 2.

Matching Share unless otherwise defined, shall mean that each applicant must provide a 50% dollar to dollar match to the amount of the grant. Other state funds may not be used as part of the matching share.

Preservation Restriction shall mean the instrument executed by or on behalf of the owner of the property which mandates maintenance of the property and disallows or limits acts or uses detrimental to appropriate preservation of the structure or site as described in M.G.L. c. 184, § 31. Said preservation restriction, which will be defined by the MHC , must be recorded at the appropriate Registry of Deeds before any funds will be released to a recipient. In the case of emergency funds, preservation restrictions must be filed with the appropriate Registry of Deeds and recorded within year, before the release of funds.

Secretary shall mean the Secretary of the Commonwealth, who, pursuant to M.G.L. c. 9, § 26 is the designated chairman of the MHC.

Secretary of the Interior's Standards shall mean the United States Secretary of the Interior's Standards for Historic Preservation Projects, as set forth in 36 C.F.R Part 68. This reference is available for inspection and copying at the offices of the MHC.

State Register shall mean the State Register o f Historic Places which is maintained pursuant to M.G. L. c. 9, § 26C. The State Register shall contain the following properties:

(a) all districts, sites, buildings, or objects determined eligible for listing or listed in the National Register of Historic Places. These include properties listed in the National Register under provisions outlined in 36 C.F.R. Part 60, or properties formally determined eligible for listing in the National Register by the Secretary of the Interior under provisions outlined in 36 C.F.R. Part 63;

(b) all local historic districts established pursuant to M.G.L. c. 40C, or special legislation;

(c) all landmarks designated under local ordinances or by-laws;

(d) all structures and sites subject to preservation easements approved or held by the MHC pursuant to M.G.L. c. 184, §§ 31 and 32;

(e) all historical or archaeological landmarks certified pursuant to M.G.L. c. 9, § 27; and,

(f) all properties listed by the MHC pursuant to M.G.L. c. 9, § 26D.

950 CMR, § 73.03