Exhibit D- Historic Preservation Restriction

Transcription

Draft as of November 30, 2010
Subject to minor revisions
PRESERVATION RESTRICTION AGREEMENT
Between
MASSACHUSETTS LAND CONSERVATION TRUST, Inc.
AND
THE TRUSTEES OF RESERVATIONS
AND
THE TOWN OF WESTPORT, HISTORICAL COMMISSION
Concerning
OSCAR PALMER FARM
138 Adamsville Road
Westport, MA
THIS PRESERVATION RESTRICTION is made this _____ day of _______________, 2011,
by and between the MASSACHUSETTS LAND CONSERVATION TRUST, Inc. a
Massachusetts non-profit corporation established under Chapter 180 of the General Laws, with
an address of 572 Essex Street, Beverly, Massachusetts 01915, its successors and assigns
(“Grantor”), and THE TRUSTEES OF RESERVATIONS, a Massachusetts charitable
corporation with a mailing address of 572 Essex Street, Beverly, Massachusetts 01915, its
successors and permitted assigns, and the TOWN OF WESTPORT, a municipal corporation in
Bristol County, Massachusetts, acting by and through its Historical Commission by authority of
M.G.L. Chapter 40, Section 8D, with offices at 816 Main Road, Westport Massachusetts, 02790,
its successors and permitted assigns (collectively the "Grantee"). As used in this Preservation
Restriction unless expressly stated otherwise, “Grantee” refers to the Town and The Trustees of
Reservations both separately and together, and each shall have the rights granted herein
independent of the other.
WITNESSETH:
WHEREAS, Grantor is owner in simple fee of a certain parcel of real property located at 138
Adamsville Road in the town of Westport, Bristol County, Massachusetts, known as the Oscar
Palmer Farm, and described on a deed dated December 29, 2008, from John W. Skurchak, Jr.,
Commissioner for Heirs, Devisees, Assigns of Eleanor Simmons, to the Massachusetts Land
Conservation Trust, Inc., recorded with the Bristol County Southern District Registry of Deeds,
Book 9224, Page 99, hereinafter referred to as “the Premises”.
WHEREAS, the purpose of this instrument is to establish a historical preservation restriction in,
over and to that portion of the Premises identified as “Historic Preservation Restriction Area”,
hereinafter referred to as the “HPRA”, on a plan entitled “Conservation and Historic Preservation
Restriction Plan, Oscar Palmer Farm, Westport, Mass.”, dated September 27, 2010, prepared by
Beals and Thomas, Inc., and recorded with the Bristol County Southern District Registry of Deeds
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138 Adamsville Road, Westport
Preservation Restriction Agreement
in Plan Book ____, Page ___, (hereinafter referred to as “the Plan”), a reduced copy of which is
attached hereto as Exhibit B1 and incorporated herein by reference. A detailed version of the
HPRA is attached hereto as Exhibit B2).
WHEREAS, among the improvements in the HPRA is an antique residential structure (“House”),
which is a wood-frame, side-gabled, 2-story clapboarded house, an antique barn (“Barn”), which
is a wood-frame, 2-story barn, and four small outbuildings (“Shed 2”, “Shed 3”, “Shed 4”, and
“Shed 5”, or collectively the “Outbuildings”). The House, Barn and Outbuildings are
collectively referred to as the “Buildings”. Improvements on the Premises also include stone
walls and gate posts. Improvements are documented in the Baseline Documentation, attached
hereto as Exhibits A, B, and C.
WHEREAS, the HPRA contributes to the setting, context, and the public’s view of the
Buildings;
WHEREAS, the HPRA comprises a portion of the Premises, the entirety of which is subject to a
Conservation Restriction and Option to Purchase Premises recorded with the Bristol County
Southern District Registry of Deeds in Book ___, Page ___ (the “Conservation Restriction”).
WHEREAS, Grantee The Trustees of Reservations is a Massachusetts charitable corporation
established under Chapter 352 of the Acts of 1891, and having an address at 572 Essex Street,
Beverly, Massachusetts 01915, and is qualified to accept and hold preservation restrictions under
the Massachusetts General Laws, Chapter184, Sections 31, 32, and 33 (the “Act”);
WHEREAS, Grantee The Trustees of Reservations is a qualified charitable corporation whose
purposes include the preservation and protection of historic resources and structures;
WHEREAS, the HPRA was established in the early 1700’s during the initial period of the
settlement along Adamsville Road outside of the Central Village of Westport. It was home to a
number of the town’s first settlers and, in the days of horse-drawn coach service, served as a
stagecoach stop on the road from New Bedford to Little Compton, Rhode Island. The HPRA is
an interesting and well-preserved example of an 18th, 19th, and 20th century farmstead in
Westport, Massachusetts. Owned and inhabited by only four families since its establishment, the
location, design, setting, and historical and architectural integrity of the HPRA have been
preserved for over 300 years.
WHEREAS, the Buildings retain integrity of location, materials, design and association, and,
because the Buildings are a well-preserved example of an 18th, 19th, and 20th century farmstead
in Westport and locally significant, were found eligible by the Massachusetts Historical
Commission for individual listing on the National Register of Historic Places on June 3, 2010;
WHEREAS, Grantor and Grantee recognize the architectural, historic, cultural and agricultural
values (hereinafter “conservation and preservation values”) and significance of the Premises, and
have the common purpose of conserving and preserving the aforesaid conservation and
preservation values and significance of the Premises, and the Town of Westport Historical
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Commission has determined that the Premises and the improvements thereon are significant in
the history, architecture and culture of the Town of Westport;
WHEREAS, the Westport Town Meeting voted on May 6, 2008 to appropriate $200,000 from
the Community Preservation Fund for the purpose of the preservation, restoration and
rehabilitation of the Oscar Palmer Farm, of which $25,000 has been provided to the Grantor to
make up a portion of the purchase price.
WHEREAS, Massachusetts Building Code 780 CMR 9301: Historic Buildings recognizes the
importance of historic buildings in Massachusetts and therefore provides for certain exceptions
for the repair, maintenance and restoration of historic buildings without conformity to 780 CMR
generally, if the provisions of 780 CMR 9309.2.2: Mandatory Safety Requirements have been
met.
WHEREAS, the HPRA’s conservation and preservation values are documented in Exhibits A
and B (hereinafter, collectively “Baseline Documentation”) attached hereto and incorporated
herein, which Baseline Documentation the parties agree provides an accurate representation of
the HPRA as of the date of this grant;
WHEREAS, the Baseline Documentation attached hereto and incorporated herein includes the
following:
1) HPRA Description and Statement of Significance (See Exhibit A)
2) Conservation and Historic Preservation Restriction Plan (See Exhibits B1 & B2)
3) Photographs as prepared by Christopher Detwiller for the Baseline Documentation
Form (See Exhibit C)
WHEREAS, a Historic Structures Report has been completed and serves as additional Baseline
Documentation, and is on file with the Grantee.
WHEREAS, the Restriction Purpose and Guidelines are attached hereto and incorporated herein
(See Exhibit D), and The Secretary of Interior’s Standards for The Treatment of Historical
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”) are attached hereto and incorporated herein (See Exhibit E);
WHEREAS, the grant of a Preservation Restriction Agreement by Grantor to Grantee on the
Premises will assist in the preservation and maintenance of the Premises and its architectural,
historic and cultural features for the benefit of the people of the Town of Westport, the County of
Bristol, the Commonwealth of Massachusetts, and the United States of America;
WHEREAS, to that end, Grantor desires to grant to Grantee, and Grantee desires to accept a
Preservation Restriction Agreement in gross and in perpetuity on the Premises pursuant to the
Massachusetts General Laws Chapter 184, Sections 31, 32 and 33 (the “Act”);
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NOW, THEREFORE, in consideration of Twenty-Five Thousand dollars ($25,000) and other
good and valuable consideration, receipt of which is hereby acknowledged, Grantor does hereby
irrevocably grant and convey unto the Grantee a Preservation Restriction Agreement in gross and
in perpetuity over the HPRA as more fully described in Exhibits A, B, and C.
PURPOSE
1.
Purpose: It is the purpose of this Preservation Restriction Agreement to assure that the
features and characteristics that embody the architectural, historic and cultural significance of the
Premises will be brought to a rehabilitated and restored state following the Secretary’s Standards,
in which rehabilitated and restored condition they will then be substantially maintained for
conservation and preservation purposes and to prevent any use or change in the HPRA that will
significantly impair or interfere with the HPRA’s conservation or preservation values.
GRANTOR’S COVENANTS
2.1
Grantor’s Covenants: Covenant to Maintain. Grantor agrees at all times to maintain the
interior and exterior of the Buildings, as documented in the Baseline Documentation, and to
comply with all federal, state and local laws, codes and by-laws applicable to the Premises.
Grantor’s obligation to maintain shall require replacement, repair, reconstruction and where
necessary replacement in kind by Grantor whenever necessary to preserve the Buildings in a
historically appropriate, good and sound condition and state of repair. Grantor’s obligation to
maintain shall also require that the HPRA’s landscaping be maintained in good appearance. (The
above not withstanding, new landscaping or gardens may be created, and surface materials on
paths or drives may be changed, only as provided under Section 3.1.) Subject to the casualty
provisions of paragraphs 5 and 6, this obligation to maintain shall require replacement,
rebuilding, repair and reconstruction of the Buildings whenever necessary in accordance with the
Secretary’s Standards.
2.2.
Grantor’s Covenants: Prohibited Activities. The following acts or uses are expressly
forbidden on, over, or under the HPRA, except as otherwise conditioned in this paragraph:
a) the House and Barn shall not be moved, demolished, removed or razed except
as described in paragraphs 5 and 6;
b) no barrier shall be constructed, erected or allowed to grow on the Premises
which would impair the visibility from the street of the HPRA or the Buildings
without the prior approval of the Grantee;
c) no other buildings or structures, including but not limited to camping
accommodations, mobile homes, wind turbines or cell towers, shall be erected
or placed on the HPRA hereafter, except as described in paragraph 3.1(a);
d) the dumping of ashes, trash, rubbish, or any other unsightly or offensive
materials is prohibited on the HPRA;
e) the Premises shall not be divided or subdivided in law or in fact and the
Premises shall not be devised or conveyed except as a unit; and
f) no above ground utility transmission lines may be created on the HPRA, subject
to utility easements already recorded.
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GRANTOR’S CONDITIONAL RIGHTS
3.1
Conditional Rights Requiring Approval by Grantee. Without prior express written
approval of the Grantee, which approval may be withheld or conditioned in the sole discretion of
the Grantee, Grantor shall neither undertake any activity defined as “Major” by the Restriction
Guidelines, NOR any of the following actions:
.
(a) Building Exteriors and Landscape.
1. increase or decrease the height of, make additions to, or change the
architectural features, materials, appearance and workmanship of, or move,
improve, alter, or reconstruct the exteriors of the Buildings, which shall be
defined as all exterior surfaces (including but not limited to walls, roofs,
porches, chimneys, foundations, window frame and sash, doors, gutters,
downspouts, and associated hardware and visible details) which are in contact
with the exteriors of the Buildings and/or visible from outside the Buildings.
2. change the use of the Premises to a use other than single-family residential or
commercial agricultural use. The use of the Premises for single-family
residential and commercial agriculture purposes is permitted by right as
described in Paragraph 4 (c), below. Grantee may consider any request for a
change in use of the Premises in light of the existing planning and zoning
regulations, and Grantee will approve the proposed change only if it
determines that the proposed use: (i) does not impair the significant
conservation and preservation values of the Premises; and (ii) does not
conflict with the purpose of the Preservation Restriction Agreement. Grantee’s
approval for a change in use of the Premises does not permit the Grantor to
construct any additional buildings or structures unless otherwise approved in
Paragraph 3.1 or permitted by right in Paragraph 4.
3. construct a farmstand.
4. erect any external signs or external advertisements except those permitted by
right in Paragraph 4.
5. make permanent substantial topographical changes to the mean natural grade
of the HPRA, such as excavation for the construction of roads, drives, and
recreational facilities, and septic system mounds. For purposes of this
Agreement, the term “mean natural grade” shall mean the natural grade of the
HPRA prior to any excavation for construction, and all measurements made
for the purposes of applying the terms of this Agreement shall be made from
such mean natural grade.
6. move, remove, alter, reconstruct, or change the existing stone walls and gate
posts.
7. move, remove, alter, reconstruct, or change the size, location, orientation,
shape and appearance of Sheds number 2, 3, 4 and 5.
8. place temporary structures required for maintenance or rehabilitation of the
HPRA, such as construction trailers or mobile homes for temporary habitation
during said maintenance or rehabilitation.
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(b) Interior Restrictions.
1.
House
i. with the exception of the 20th century partition between the southeast
bedroom and the existing bathroom, move, improve, alter, reconstruct
or change the location of existing walls and partitions on the first floor
of the House.
ii. move, remove, alter, reconstruct, change, or enclose behind walls or
above ceilings the timber framing.
iii. move, remove, alter, reconstruct, or change the existing chimney stack,
fireboxes in North Parlor and West Parlor, and beehive oven.
iv. move, remove, alter, reconstruct, or change the existing “chimney
stair”.
v. move, remove, alter, reconstruct, or change the existing interior panel
doors, hardware and trim.
2.
Barn
vi. move, remove, alter, reconstruct, or change the existing posts, beams,
floor and roof framing.
vii. move, remove, alter, reconstruct, or change the masonry basement
walls.
3.2
Review of the Grantor’s Request for Approval. Whenever approval by Grantee is
required under the provisions of Paragraph 3.1, Grantor shall notify Grantee in writing not less
than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The
notice shall describe the nature, scope, design, location, timetable and any other material aspect
of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to
its consistency with the purposes of this Restriction. The Town of Westport Historical
Commission (“Town”), it successor or assign, shall, within (30) days of receipt of Grantor’s
request, notify The Trustees of Reservations (“TTOR”), its successor or assign, of the Town’s
recommendation. Following receipt of Town’s notice, but in no case later than sixty (60) days
following TTOR’s receipt of Grantor’s written request, TTOR shall either affirm or reverse the
recommendation of the Town. TTOR’s decision shall in all cases be final and controlling as to
Grantee. In the event that no recommendation is received from the Town within said thirty (30)
days, TTOR shall proceed to issue its decision within sixty (60) days of receipt of Grantor’s
written request. Failure of TTOR to act within said sixty (60) days shall be deemed to constitute
approval of either the Town recommendation as a final decision, if one has been issued, or, in the
absence of a Town recommendation, of Grantor’s request as submitted, so long as the request
sets forth the provisions of this section relating to deemed approval after the passage of time.
3.3
Voluntary. Significant features have been identified in Exhibit F: Preservation
Recommendations, which features are worthy of protection and preservation. The Grantor, in
maintaining the Buildings according to the Secretary’s Standards as specified in paragraph 2.1,
shall be mindful of said significant features, and shall observe said Preservation
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Recommendations to the extent practicable. The Grantor is encouraged, but not required, to
consult with the Grantee prior to undertaking any activities that would impact any and all items
included in Exhibit E: Preservation Recommendations under the headings “Preservation Highly
Recommended” and “Preservation Recommended” which are not otherwise restricted above.
Any alterations not otherwise restricted in this Preservation Restriction Agreement or listed as
“Minor” in the Restriction Guidelines are considered part of ordinary maintenance and repair,
and may be made to the Buildings and HPRA without the Grantee’s approval.
3.4
Conditional Rights Requiring the Approval of the Massachusetts Historical Commission
and Grantee. The conduct of archeological activities on the HPRA, including without limitation,
survey, excavation and artifact retrieval, may occur only following the submission of an
archeological field investigation prepared by the Grantor and approved in writing by the State
Archeologist of the Massachusetts Historical Commission (M.G.L. Ch.9, Section 27C, 950 CMR
70.00) and the Grantee.
3.5
Standards for Review. Grantee shall apply Secretary’s Standards whenever (a) exercising
any authority created by the Preservation Restriction Agreement to inspect the HPRA or the
interior of the Buildings; (b) reviewing any construction, alteration, repair or maintenance; (c)
reviewing casualty damage or (d) reconstructing or approving reconstruction of the Buildings
following casualty damage.
GRANTORS’ RESERVED RIGHTS
4.
Grantor’s Rights Not Requiring Further Approval by Grantee. Subject to the provision of
paragraphs 2.1, 2.2, and 3.1, the following rights, uses, and activities of or by Grantor on, over,
or under the HPRA are permitted by this Preservation Restriction Agreement and by Grantee
without further approval by Grantee:
(a)
the right to engage in all those acts and uses that:
(i)
are permitted by governmental statute or regulation;
(ii)
do not substantially impair the conservation and preservation values of the
HPRA;
(iii) are consistent with the Conservation Restriction; and
(iv)
are not inconsistent with the Purpose of this Preservation Restriction Agreement;
(b)
pursuant to the provisions of paragraph 2.1, the right to maintain and repair the Buildings
strictly accordingly to the Secretary’s Standards. As used in this subparagraph the right to
maintain and repair shall mean the use by 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 construction of the Building. The right to maintain and repair as used in this
subparagraph shall not include the right to make changes in appearance, materials, and
workmanship from that existing prior to the maintenance and repair without the prior approval of
Grantee in accordance with the provisions of paragraphs 3.1 and 3.2;
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(c)
the right to continue all manner of existing residential, agricultural, and agriculturally
related commercial use and enjoyment of the HPRA, including but not limited to maintenance,
repair, and restoration of existing stone walls and steps; the right to maintain the existing
driveways, and paths with the use of same or similar materials; the right to maintain walkways,
steps and garden fences; the right to cut, remove and clear grass and other vegetation and to
perform routine maintenance, landscaping, horticultural activities and upkeep, consistent with
the purpose of this Preservation Restriction Agreement; and
(d)
the right to erect the following signs: (i) such plaque permitted under paragraph 17 of this
Preservation Restriction Agreement; (ii) a sign stating solely the address and inhabitants of the
Premises; (iii) a sign stating the name “The Oscar Palmer Farm”, with letter height not to exceed
six inches; (iv) a historic house plaque provided through the Westport Historical Commission;
(v) a sign advertising a commercial operation existing on the Premises, said operation to include
commercial agricultural operations permitted in Paragraph 4.2(c) and other commercial
operations approved by the Grantee in Paragraph 3.(a)2., with letter height not to exceed six
inches, and (vi) a temporary sign to advertise the sale or rental of the Premises.
CASUALTY DAMAGE OR DESTRUCTION; INSURANCE
5.
Casualty Damage or Destruction. In the event that the Buildings or any part thereof shall
be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement or other casualty,
Grantor shall notify Grantee in writing within fourteen (14) days of the damage or destruction,
such notification including what, if any, emergency work has been completed. No repairs or
reconstruction of any type other than temporary emergency work to prevent further damage to
the Buildings and to protect public safety, shall be undertaken by Grantor without Grantee’s
prior written approval of the work. Within thirty (30) days of the date of damage or destruction,
if required by Grantee, Grantor at Grantor’s expense shall submit to the Grantee a written report
prepared by a qualified restoration architect and an engineer who are acceptable to the Grantor
and Grantee, which report shall include the following:
(a)
an assessment of the nature and extent of the damage;
(b)
a determination of the feasibility of the restoration of the Buildings and/or reconstruction
of damaged or destroyed portions of the Buildings; and
(c)
a report of such restoration and/or reconstruction work necessary to return the Buildings
to the condition existing at the date thereof.
Grantee also reserves the right to inspect the HPRA following such an event, in accordance with
Paragraph 12.
6.
Review After Casualty Damage or Destruction. If, after reviewing the report provided in
Paragraph 5 and assessing the availability of insurance proceeds after satisfaction of any
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mortgagee’s/lender’s claims under paragraph 7, Grantor and Grantee agree that the Purpose of
the Preservation Restriction Agreement will be served by such restoration/ reconstruction,
Grantor and Grantee 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 to at least the total of the casualty insurance proceeds available to the Grantor.
If, after reviewing the report and assessing the availability of the insurance proceeds after
satisfaction of any mortgagee’s/lender’s claims under paragraph 7, Grantor and Grantee agree
that restoration/ reconstruction of the HPRA is impractical or impossible, or agree that the
Purpose of the Preservation Restriction Agreement would not be served by such restoration/
reconstruction, Grantor may with prior written consent of Grantee, alter, demolish, remove or
raze the Buildings and/or construct new improvements on the HPRA. In such event, Grantor and
Grantee may agree to extinguish this Preservation Restriction Agreement in accordance with the
laws of the Commonwealth of Massachusetts and paragraph 21.3 hereof.
If, after reviewing the report and assessing the availability of insurance proceeds after
satisfaction of any mortgagee’s/lender’s claims under paragraph 7, Grantor and Grantee are
unable to agree that the Purpose of the Preservation Restriction Agreement will or will not be
served by such restoration/ reconstruction, the parties may agree to refer the matter to binding
arbitration for resolution.
7.
Insurance. Grantor shall keep the HPRA insured by an insurance company rated “A1” 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 Premises damage. Premises damage insurance shall
include change in condition and building ordinance coverage, in form and amount sufficient to
replace fully the damaged HPRA and Buildings without cost or expense to Grantor or
contribution or coinsurance from Grantor. Such insurance shall include Grantee’s interest and
name Grantee as an additional insured. Grantor shall deliver to Grantee, within ten (10) business
days of Grantee’s written request therefore, certificates of such insurance coverage. Provided,
however, that whenever the Premises is encumbered with a mortgage or deed of trust nothing
contained in this paragraph shall jeopardize the prior claim, if any, of the mortgagee/ lender to
the insurance proceeds.
INDEMNIFICATION; TAXES
8.
Indemnification. Grantor hereby agrees to pay, protect, indemnify, hold harmless and
defend at its own cost and expense, Grantee, its agents, directors and employees, or independent
contractors from and against any and all claims, liabilities, expenses, costs, damages, losses and
expenditures (including reasonable attorneys’ fees and disbursements hereafter incurred) arising
out of or in connection with injury to or death of any person on or about the HPRA; physical
damage to the HPRA; the presence or release in, on, or about the HPRA, 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
damage occurring on or about the HPRA, unless such injury or damage is caused by Grantee or
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agent, trustee, employee or contractor of Grantee. In the event that Grantor is required to
indemnify Grantee pursuant to the terms of this paragraph, the amount of such indemnity until
discharged shall constitute a lien on the Premises with the same effect and priority as a
mechanic’s lien.
9.
Taxes. Grantor shall pay when first due and owing, all general taxes, special taxes,
special assessments, water charges, sewer service charges, and other charges which may become
a lien on the Premises unless Grantor timely objects to the amount or validity of the assessment
or charge and diligently prosecute an appeal thereof, in which case the obligation to pay such
charges shall be suspended for the period permitted by law for prosecuting such appeal and any
applicable grace period following completion of such action. Grantee The Trustees of
Reservations is hereby authorized, but in no event is required or expected, to make or advance
upon three (3) days prior written notice to Grantor in the place of Grantor, any payment relating
to taxes, assessment, water rates, sewer rentals and other governmental or municipality charge,
fine, imposition or lien asserted against the Premises and may do so according to any bill,
statement or estimate procured from the appropriate public office without inquiry into the
accuracy of such bill, statement or assessment or into the validity of such tax, assessment, sale or
forfeiture. Such payment if made by the Grantee shall constitute a lien on the Premises with the
same effect and priority as a mechanic’s lien. Provided, however, that nothing contained herein
shall jeopardize the priority of any recorded first priority mortgage given in connection with a
promissory note secured by the Premises.
ADMINISTRATION AND ENFORCEMENT
10.
Written Notice. Any notice Grantor or Grantee may desire or be required to give to the
other party shall be in writing and shall be mailed postage prepaid by overnight courier, facsimile
transmission, registered or certified mail with return receipt requested or hand delivered; as
follows:
Grantor:
Massachusetts Land Conservation Trust, Inc.
572 Essex Street
Beverly, MA 01915
Grantee:
The Trustees of Reservations
572 Essex Street
Beverly, MA 01915
and
Town of Westport Historical Commission
816 Main Road
Westport, MA, 02790
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Each party may change its address set forth herein by a notice to such effect to the other party
given pursuant hereto.
11.
Evidence of Compliance. 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 evidences the status of this
Preservation Restriction Agreement to the extent of the Grantee’s knowledge thereof.
12.
Inspection. With the consent of Grantor, representatives of Grantee shall be permitted at
all reasonable times to inspect the HPRA, including the interior of the Buildings. Grantor
covenants not to unreasonably withhold consent in determining dates and times for such
inspections.
13.
Grantee’s Remedies. The rights hereby granted shall include the right to enforce this
Preservation Restriction Agreement, including the specific performance of affirmative
obligations contained herein, by appropriate legal proceedings and to obtain injunctive and other
equitable relief against any violations, including without limitation relief requiring restoration of
the HPRA to their condition prior to such violation (it being agreed that Grantee will have no
adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation
of, any other rights and remedies available to Grantee. Grantor covenants and agrees to
reimburse Grantee all reasonable costs and expenses (including without limitation reasonable
counsel fees) incurred in enforcing this Restriction or in taking reasonable measures to remedy or
abate any violation thereof, provided that a violation of this Restriction is acknowledged by
Grantor or determined by a court of competent jurisdiction to have occurred. By its acceptance,
Grantee does not undertake any liability or obligation relating to the condition of the HPRA,
including with respect to compliance with hazardous materials or other environmental laws and
regulations. Enforcement of the terms of this Preservation Restriction Agreement shall be at the
discretion of Grantee. Any election by Grantee as to the nature and timing of its actions pursuant
to its right to enforce this Preservation Restriction Agreement or otherwise as to the exercise of
its rights hereunder shall not be deemed or construed to be a waiver of such rights.
14.
Notice from Government Authorities. Grantor shall deliver to Grantee copies of any
notice of violation or lien relating to the HPRA received by Grantor from any government
authority within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall
promptly furnish Grantee with evidence of Grantor’s compliance with such notice or lien where
compliance is required by law.
15.
Notice of Proposed Transfer. Grantor shall promptly notify Grantee in writing of any
proposed transfer of the Premises at least twenty (20) days prior to the date of transfer, so as to
provide the opportunity for the Grantee to explain the terms of the Preservation Restriction
Agreement to potential new owners prior to transfer closing. Grantor shall also comply with all
terms of the Conservation Restriction and Option to Purchase Premises recorded with the Bristol
County Southern District Registry of Deeds in Book ___, Page ___.
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16.
Liens. Any lien on the Premises created pursuant to any paragraph of this Preservation
Restriction Agreement may be confirmed by judgment and foreclosed by Grantee in the same
manner as a mechanic’s lien. Provided, however, that no lien created pursuant to this
Preservation Restriction Agreement shall jeopardize the priority of any prior recorded lien of
mortgage or deed of trust given in connection with a promissory note secured by the Premises.
17.
Plaque. Grantor agrees that either Grantee or both Grantees may provide and maintain a
plaque on the HPRA, which plaque shall not exceed 24 by 24 inches in size, identifying the
interest of the Grantee in the HPRA, and informing the public of the nature and public benefit of
this Preservation Restriction Agreement.
BINDING EFFECT; ASSIGNMENT; NO MERGER
18.
Runs with the Land. Except as provided in paragraphs 6 and 21.3, the obligations
imposed by this Preservation Restriction Agreement shall be in effect in perpetuity and shall be
deemed as a binding servitude with the HPRA. This Preservation Restriction Agreement shall
extend to and be binding upon Grantor and Grantee, their respective successors in interest and all
persons hereafter claiming under or through Grantor or Grantee, and the words "Grantor" and
"Grantee" when used herein shall include all such persons. Any right, title or interest herein
granted to Grantee shall be deemed granted to each successor and assign of Grantee and each
such following successor and assign thereof, and the word "Grantee" shall include all successors
and assigns.
Anything contained herein to the contrary notwithstanding, and except for such obligations as
may have arisen hereunder during the term of his or her tenancy in the Premises, an owner of the
Premises shall have no obligation pursuant to this instrument when such owner shall cease to
have any ownership interest in the Premises by reason of bona fide transfer. The restrictions,
stipulations and covenants contained in this Preservation Restriction Agreement shall be inserted
by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument
by which Grantor divests itself of either the fee simple title to or any lesser estate in the Premises
or any part hereof, including by way of example but not limitation, a lease of all or a portion of
the Premises.
19.
Assignment. Grantee may, at its discretion without prior notice to Grantor, convey,
assign or transfer this Preservation Restriction Agreement to a unit of federal, state or local
government or to a similar local, state or national organization that is a "qualified organization"
under the Act, as amended, whose purposes, inter alia, are to promote preservation or
conservation of historical, cultural or architectural resources, provided that any such conveyance,
assignment or transfer requires that the Purpose for which the Preservation Restriction
Agreement was granted will continue to be carried out.
20.
Recording and Effective Date. Grantee shall do and perform at its own cost all acts
necessary to the prompt recording of this Instrument in the land records of Bristol County
Southern District Registry of Deeds. Grantor and Grantee intend that the restrictions arising
under this Preservation Restriction Agreement shall be effective when the Grantor and the
12
Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of
the General Laws have been obtained, and it has been duly recorded.
EXTINGUISHMENT
21.1 Grantee’s Receipt of Property Right. Grantor and Grantee agree that the granting of this
Preservation Restriction Agreement gives rise for purposes of this paragraph to a real property
right, immediately vested in Grantee, with a fair market value that is equal to 10% of the value of
the Premises, of which the HPRA is a portion. TTOR and the Town agree that the Town, via the
Town’s Community Preservation Fund, provided $25,000 toward the acquisition of this
Restriction. TTOR and the Town agree that this contribution provides the Town the
proportionate value of ____% of this Preservation Restriction Agreement. TTOR and the Town
agree that TTOR provided $_____ toward the acquisition of this Preservation Restriction
Agreement. TTOR and the Town agree that this contribution provides TTOR the proportionate
value of ____% of this Preservation Restriction Agreement.
21.2 Value of Grantee’s Property Right. Such proportionate value of Grantee’s property right
shall remain constant.
21.3 Right of Grantee to Recover Proportional Value at Disposition. Grantor and Grantee
hereby recognize that an unexpected change in conditions affecting the HPRA that is outside of
the control of the Grantor and Grantee may negate the Purpose of this Preservation Restriction
Agreement and cause reason for extinguishment of the Preservation Restriction Agreement.
Such a change in conditions may include, but is not limited to, partial or total destruction of the
Buildings resulting from casualty. Such an extinguishment must meet all the requirements of the
Act for extinguishment, including approvals by the Town of Westport and the Massachusetts
Historical Commission following public hearings to determine that extinguishment would be in
the public interest. In case of any such extinguishment or other release of the Preservation
Restriction Agreement, then Grantee, on a subsequent sale, exchange or involuntary conversion
of the HPRA, shall be entitled to a portion of the proceeds in accordance with paragraphs 21.1
and 21.2, above, subject, however, to any applicable law that expressly provides for a different
disposition of proceeds.
21.4 Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the
HPRA or any interest therein is taken by public authority under power of eminent domain or
other act of public authority, then Grantor and Grantee shall cooperate in recovering the full
value of all direct and consequential damages resulting from such action.
21.5 Allocation of Expenses upon Disposition. All related expenses incurred by Grantor and
Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be
distributed between Grantor and Grantee in shares proportional to their interests in the HPRA, as
described in paragraphs 21.1 and 21.2, above.
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21.6 Continuing Trust of Grantee’s Share of Proceeds of Preservation Restriction Agreement
Disposition. The Grantee shall use its share of the proceeds in a manner consistent with the
purposes of this grant.
NO MERGER
22.
No Merger. The parties intend that any future acquisition of the Premises shall not result
in a merger of the Historic Preservation Restriction into the fee. The Grantor agrees that it will
not grant, and the Grantee agrees that it will not take, title to any part of the premises without
having first assigned this Historic Preservation Restriction, in accordance with Paragraph 19,
above, to ensure that merger does not occur.
INTERPRETATION
23.
Interpretation. The following provisions shall govern the effectiveness, interpretation and
duration of the Preservation Restriction Agreement:
(a)
Any rule of strict construction designed to limit the breadth of restrictions on alienation
or use of HPRA shall not apply in the construction or interpretation of the Preservation
Restriction Agreement, and this instrument shall be interpreted broadly to effect its Purpose and
the transfer of rights and the restrictions on use herein contained.
(b)
This instrument is executed in three counterparts, one of which is to be retained by the
Grantor and the other two, one of which will be recorded, 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
agreement 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 the Preservation Restriction Agreement
according to its terms, 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
is enforceable by reason of statute, common law or private agreement 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 building materials, construction methods or use. In the
event of any conflict between any such ordinance or regulation and the terms hereof Grantor
shall promptly notify Grantee of such conflict and shall cooperate with Grantee and the
applicable government entity to accommodate the purpose of both the Preservation Restriction
Agreement and such ordinance or regulation.
AMENDMENT
24.
Amendment. If circumstances arise under which an amendment to or modification of this
14
Preservation Restriction Agreement would be considered, Grantor and Grantee (as they then are)
may by mutual written agreement jointly amend this Preservation Restriction Agreement,
provided that no amendment shall be made that will adversely affect the qualifications of this
Preservation Restriction Agreement or the status of Grantee under the Act, or any applicable
laws, including any other laws of the Commonwealth of Massachusetts, or that is not joined in
by all parties to this restriction. Any such amendment shall be consistent with the protection of
the conservation and preservation values of the HPRA and the Purpose of the Preservation
Restriction Agreement; shall not affect its perpetual duration; shall not permit additional
residential development on the HPRA other than the residential development permitted by this
Preservation Restriction Agreement on its effective date; shall not permit any private inurement
to any person or entity; and shall not adversely impact the overall architectural, historic, scenic,
and open space values protected by this Preservation Restriction Agreement. Any such
amendment shall comply with the provisions of the Act and shall be recorded in the land records
Bristol County Southern District Registry of Deeds. Nothing in this paragraph shall require
Grantor or Grantee to agree to any amendment, to consult, or to negotiate regarding any
amendment.
15
TO HAVE AND TO HOLD, this Preservation Restriction Agreement, unto the said Grantee and
its successors and permitted assigns forever.
IN WITNESS WHEREOF, Grantor has set his/her hand under seal on the day and year set forth
below.
GRANTOR:
_______________________
Wesley T. Ward, President
COMMONWEALTH OF MASSACHUSETTS
________________, ss.
On this _______ day of __________________, 2011, before me, the undersigned Notary
Public, personally appeared ___________________, who proved to me through satisfactory
evidence of identification, which were _________________________, to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that they signed
it voluntarily for its stated purpose.
________________________________
(Official Signature and Seal of Notary)
My term expires:
16
ACCEPTANCE OF PRESERVATION RESTRICTION BY THE TRUSTEES OF
RESERVATIONS.
Acceptance of this Preservation Restriction Agreement by The Trustees of Reservations
is acknowledged this ______ day of _____________, 2011.
_________________________________
Andrew W. Kendall, President
The Trustees of Reservations
__________, ss.
Public, personally appeared ________________________________________, as aforesaid, who
proved to me through satisfactory evidence of identification, which were
_________________________, to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that they signed it voluntarily for its stated purpose
on behalf of The Trustees of Reservations.
________________________________
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ACCEPTANCE OF PRESERVATION RESTRICTION BY TOWN OF WESTPORT
HISTORICAL COMMISSION
We, the undersigned, being a majority of the Historical Commission of the Town of Westport,
Massachusetts, hereby certify that at a meeting duly held on ___________, 2011, the Historical
Commission voted to approve and accept the foregoing Preservation Restriction from the
WESTPORT HISTORICAL COMMISSION
__________________________
Sharon Connors
__________________________
James Collins, Jr.
__________________________
Geraldine Millham
__________________________
Jane Loos
__________________________
Janet Jones
__________________________
Wendy Goldberg
__________________________
Donna Lubell
Bristol, ss.
Public, personally appeared the above-named ______________, _______________,
___________________, ____________________, ________________________,
___________________, and ________________, and proved to me through satisfactory
evidence of identification, which were _________________________, to be the people whose
names are signed on the foregoing document, and acknowledged to me that they signed it
voluntarily for its stated purpose on behalf of the Town of Westport.
________________________________
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APPROVAL AND ACCEPTANCE BY SELECTMEN
We, the undersigned, being a majority of the Selectmen of the Town of Westport, Massachusetts,
hereby certify that at a meeting duly held on _______________________, 2011 the Selectmen
voted to approve and accept the foregoing Historic Preservation Restriction to The Trustees of
Reservations and the Town of Westport.
Selectmen:
____________________________________
Steven J. Ouellette
____________________________________
Brian T. Valcourt
____________________________________
Craig T. Dutra
____________________________________
Richard Spirlet
____________________________________
Bristol, ss.
____________________, 2011
On this ____ day of _____________, 2011, before me, the undersigned notary public, personally
appeared _______________________, ______________________________,
___________________________________,
______________________________,
and
_____________________________, proved to me through satisfactory evidence of
identification, which was ____________________________, to be the persons whose names are
signed on the preceding or attached document, and acknowledged to me that they signed it
voluntarily for its stated purpose.
_____________________________
Notary Public
My commission expires:
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APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION
The undersigned Executive Director and Clerk of the Massachusetts Historical Commission
hereby certifies that the foregoing Preservation Restriction to The Trustees of Reservations and
the Town of Westport (Grantee), has been approved by the Massachusetts Historical
Commission in the public interest pursuant to M.G.L. Chapter 184 Section 32.
By: _____________________
Brona Simon
Executive Director and Clerk
Massachusetts Historical Commission
_____________, ss.
Public, personally appeared ________________________________________, Executive
Director and Clerk of the Massachusetts Historical Commission, as aforesaid, who proved to me
through satisfactory evidence of identification, which were _________________________, to be
the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose on behalf of the Massachusetts
Historical Commission.
________________________________
My commission expires:
20
EXHIBIT A: HPRA Description and Statement of Significance
Excerpted from The Oscar Palmer Farm Historic Structures Report,
by Newport Collaborative Architects, Inc., dated February 3, 2010
ARCHITECTURAL DESCRIPTION
House:
The Oscar Palmer Farm House at 138 Adamsville Road is one of the oldest dwellings in
Westport, Massachusetts. It dates to the early 18th century, probably 1700.
At present, the house is a one-and-half story four bay gable end (five bays at north elevation)
heavy timber wood structure on a granite foundation. From the exterior it appears as a typical
18th century rural house, with later Greek Revival street entrance and Victorian window sashes.
The House is two rooms deep by three rooms in length and contains a massive brick central
chimney with stone boulders integrated into the brick masonry.
The building construction consists of a hand-hewn heavy timber frame (post and beam) structure
founded on a stone masonry foundation with partial basement under the eastern third of the
house. The basement walls are composed of field stone masonry (mostly granite) on lime mortar
and are whitewashed on the inside.
The exterior walls have 1” thick wood board sheathing, are covered with non-original painted
wood shingles siding, and are trimmed with plain corner boards. In most locations, walls have
been furred out and insulated. The plank structure of the east wall has been replaced with modern
era dimensional lumber. Several test openings on the first floor in the interior partitions and
fireplace walls revealed under the plaster the original feathered panel boards. Later in the 18th
century the walls were finished with plaster placed over the hand- split wood lath and applied
directly to the sheathing boards. Beams and Posts are uncased, what is typical for pre-1720s
structures.
The farm sits to the south of Adamsville Road, with the north wall of the house facing the street.
The driveway from the historic main entrance runs to the east side of the house, while the
farmyard is located to the south. There are three entrances into the house located at the north,
east and south elevations. The east and north doorways are located in the additions to the house.
The door at the south elevation is located in the original part of the house, although it is more
probable and feasible that the exterior door was located in the unheated room situated along the
driveway and leading to the well. Hence, it is more likely that the original doorway was located
in the east wall of one of the unheated east rooms.
The street (north) door became a formal entrance into the house after the construction of the
addition. This entrance features the Greek Revival doorway with two side lights and two fluted
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pilasters, a treatment popular in early-mid 19th century. The door is a late 19th century fivepanel door, which was at some point altered by replacing of the upper panels with glass.
The east (kitchen) and south (parlor) doors are four panel doors with smaller lower panels,
typical for the Greek Revival style. These doors have simple trim on both sides and, like the
front (north) door, the upper panels of these two doors have been replaced with glass. All three
exterior doors feature compact butt hinges (which came into use c. 1840) and doorknobs.
The original gable pegged timber roof over the original structure was smaller due to the smaller
width of the house. Its ridge was centered along the south chimney wall. The brick corbelling on
the chimney in the attic (corbelling served as flashing) shows the exact locations of the original
roof line. The original roof was reframed in the late 18th – early 19th century during construction
of the additions to the house. “New” longer rafters (pegged timber) were installed over the west
addition and they are properly numbered starting from the west wall. It seems that old rafters
were sistered (to provide sufficient length for the new roof structure) and reused over the original
part of the attic. The rafter leaning to the south side of the chimney did not require any
replacement, however it has mark “IIII” supporting the theory, that the original rafter was
replaced probably due to moisture damage around the chimney. Numbers at other rafters are
covered under the sistering members. Currently, the roof is re-shingled with asphalt shingles
which are in poor condition.
The center of the house contains a large original trapezoid-in-plan brick chimney extending from
the basement floor into the attic. The chimney occupies the space between the North and South
Parlors with its longer base running along the west wall. In the early 18th century, this west wall
was the end of the house. Later, the addition was constructed to the west enclosing the
chimneystack in the center of the house. The chimneystack has three fireplaces and a beehive
oven on the first floor. Two fireplaces in the South and North Parlors are in place of the original
fireplaces. The fireplace in the West Parlor was built later, after the addition to the west of the
house was constructed. The existing beehive oven is located in the North Parlor to the west from
the fireplace. The location of the beehive oven outside of the firebox is typical for the second
half of 18th century. This indicates that the original chimney was altered in the 18th century.
Currently, the beehive oven is blocked to give way to the flue for the fireplace in the West Parlor
(addition). All existing fireplaces are currently enclosed and feature the traces of the 19th century
wood stoves, which at some point were installed in front of each fireplace. The exhaust from the
basement burner (out of service) runs through the chimney flue in the North Parlor.
At the east wall of the chimney, there is a small historic stair to the attic. This stair is not
original, but is an early alteration. Openings in the attic revealed that a summer beam was
running through this area and later was cut to give way for the stair.
Barn
The Oscar Palmer barn is a three bay gable-end mid-late 19th century wood structure on a
fieldstone foundation. The structure is a mix of heavy timber and dimensional lumber. In the late
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19th – early 20th century, the barn was expanded to the north by the one-bay garage addition and
one story shed addition, which was attached to the east wall.
The barn illustrates many characteristics of the typical bank barn, which were commonly built in
the 19th century in New England. The barn is a north-south oriented structure constructed with
its long side located on the east side of the hill, with entries from the west and south, on two
opposing levels due to the sloping ground. On the west side, where the hill was lacking, a bank
was created by building up an earthen ramp to the upper level (first floor). This ramp, supported
by a concrete retaining wall on the south, leads to the sliding double wagon doors located in the
central bay. While the west (hill side) entrance gives access to the threshing floor, the lower level
(basement) is accessible from the south.
Usually, the lower story was used to house animals. The stone cellar, with its doors on the
downhill side facing the south, presumably was once a home to the livestock. The basement is
subdivided into three bays by tree trunk columns on stone bases. The first floor dimensional
lumber framing is exposed in the basement. The east and south cellar elevations were
constructed above the grade. The east wall is dry-laid field stone masonry. The south elevation of
the cellar is open, however, historically it probably was a wood framed wall with a door opening
in the center. The west and north walls are field stone masonry on mortar.
As in a traditional English-style barn, the floor above the cellar is divided into three bays.
Commonly, the center runway with wagon doors was used for the unloading of wagons, while
hay or grains were stored in the side stock aisles. Some deterioration of the floor boards in the
central bay gives some evidence that this area was used for some period as a threshing surface.
The side aisles are subdivided from the runway by lightweight stud construction. The separated
grain was likely stored in the built-in wood bins on the north side of the bay. The first floor
mainly preserves its historic plan as a traditional English-style barn with a floor area divided into
three bays. The bays are separated by the stud walls with horizontal board sheathing. The
original wagon door to the threshing floor is located in the west (hillside) wall. This door is large
enough to admit a fully loaded hay wagon. The barn roof formed a traditional triangular gable.
The original wood shingle roof is visible in several locations under the asphalt shingles.
The building construction is a mix of heavy timber and dimensional lumber. It features corner
posts and beams as well as modern era wall studs, which were framed to receive horizontal board
sheathing.
Outbuildings
The size, location, orientation, shape and appearance of the existing farm outbuildings are
important features of the Oscar Palmer Farm property’s historic appearance and rich agricultural
heritage. Their scale and relation to each other and the barn and house help to define the HPRA.
Shed #2, a Corn Crib, is a wood-framed front-gable building, which sits on four concrete posts
on top of a 20th-century concrete base. The shed has a plank door and board-and–batten siding.
Asphalt shingles in poor condition lie over the historic wood shingle roof. All building features
are heavily deteriorated.
23
Sheds #3 and #4 are identical late-19th century one-story wood-framed end-gable structures. Like
shed #2, the sheds have board-and–batten siding, and asphalt shingles in poor condition lie over
the historic wood shingle roof. The sliding plank doors are mounted with horseshoe-shaped
hinges. Shed #3 has a single west elevation window. The structures sit on the ground and have a
partial stone base. The structures likely served as shelter for small farm animals or as storage.
All components of both buildings are heavily deteriorated.
Shed #5, the “blacksmith shop”, is a one-story 19th century wooden structure with side chimney
with a 20th century addition, making it an L-shaped structure. The original part has a field stone
foundation and three-over-three sash windows. The interior features original plastered sloped
ceiling and horizontal sheathing. Concrete floors appear to be later alterations. The interior has
some unique original features including a wooden workbench, wooden tool box, circular cast
iron ceiling vent and chimney shelf. The door to the original part is a later replacement. The
20th century addition was built at the north elevation and enclosed the chimney. It served as coal
storage and features a concrete foundation, dimensional lumber wood structure exposed into
interior horizontal board sheathing, and a six-over-six window. The shed has wood shingle
siding, and asphalt shingles in poor condition lie over the historic wood shingle roof. All
building features are heavily deteriorated.
Setting and Landscape
The setting and landscape are also important features of the Oscar Palmer Farm’s historic
appearance. The HPRA is bounded by stone walls on all sides. The entrance from the street
features two vertical granite posts. A gravel drive leads from this gateway to the left of the
house and into the area between the house, barn and outbuildings. Just to the east of the house
lies an old mill stone that marks the head of the old well used for the house. Between the
western side of the house and the stone wall which marks the boundary of the HPRA sit two
stone “chairs”.
HISTORICAL NARRATIVE
The Oscar Palmer Farm is an interesting and well-preserved example of an 18th, 19th and 20th
century farmstead in Westport, Massachusetts. The farm was established during the initial period
of the settlement along Adamsville Road outside of the Central Village. The historical and
architectural integrity of the property has been preserved for over 300 years.
The Town of Westport was incorporated in 1787 by the subdivision from Old Dartmouth with
periodic land annexes from Dartmouth in 1793, 1795, and 1805. The present-day boundary
between Westport and Dartmouth was established in 1828.
The lands of Old Dartmouth, purchased on behalf of Plymouth Colony in 1652, included all or
part of the present towns of Dartmouth, New Bedford, Westport, Fairhaven and Acushnet,
Massachusetts, and a strip of Tiverton and Little Compton, Rhode Island. John Cooke and
Edward Winslow, serving as representatives of the Colony, bought the land from the
Wampanoag Chief Sachem Massasoit and his son, Wamsutta. The enormous parcel was divided
24
among 36 proprietors (including William Bradford and Miles Standish) with each individual
acquiring at least 800 acres of land. Most of the first purchasers remained absentee owners and
sold off their parcels after the Plymouth authorities began taxing the lands.
The Euro-American settlement in the Westport area started its development by the 1650s. The
Plymouth and Massachusetts Bay colonies began persecuting religious dissidents during this
period, and as a result many sought lands at a greater distance from the seat of colonial
government in the fertile agricultural lands and coastal areas of Old Dartmouth.
After King Philip’s War (1675-1676), Euro-American settlement in the Westport area increased
rapidly and families began to fan from the previous concentration along the coastline. Additional
farmsteads were scattered along the major Indian trails, which were improved as travel routes to
connect growing community clusters at the Head, Hix Bridge and Westport Point. Historian
Henry Worth’s reconstruction of Old Dartmouth settlement between 1658 and 1758 indicates
that homesteads in Westport were widely separated across the southern half of town rather than
tightly gathered into one small village. The topography of the Old Dartmouth land grants,
including broad expanses of fertile farmland separated by ponds, rivers, and small inlets,
encouraged a decentralized settlement pattern and established the Westport area as a primarily
agrarian community.
According to the letter to Mr. Palmer written by Henry B. Worth, Attorney at Law in 1906, the
Oscar Palmer Farm was established by 1700. It was located on both sides of the road and
belonged to Nathaniel Potter, who left the part on the south side of road (current parcel of Oscar
Palmer Farm) to his son Stokes. A copy of the original letter copied by Oscar H. Palmer contains
a mention at the end that in 1700 Nathaniel left this house (Palmer Farm House) and land on the
south side of road to his son Stokes.
In 1717, Stokes Potter left the farm to his son Nathaniel. In 1712 there was a new house on this
farm about 400 feet west of the line of the brook, which later was occupied by the widow of
Stokes Potter. From Nathaniel the farm passed to his son William and in 1760 the farm was
purchased by John Tripp, who owned land to the west of farm.
Tripp sold the farm in 1766 in two parts: the east part to Benjamin Brownell and the west part to
John Taber. In 1794, Gideon Taber sold his half to Benjamin Brownell. In 1802, the farm passed
to Abner Brownell, Revolutionary War Veteran, who is buried on private Brownell - Handy
burying ground adjacent to the farm. After Abner Brownell, the farm passed to Nathaniel
Brownell.
Henry Palmer purchased the farm in 1855. He left the farm to his son Franklin J. Palmer in1881.
Circa 1920, Franklin J. Palmer, a carpenter and gentleman farmer suffered a stroke. His wife
Amanda and son Oscar took care for him, until Amanda’s death in 1923. Shortly after Amanda’s
death, Oscar Palmer hired a live-in nurse and housekeeper, Eleanor Simmons, who took care of
Franklin Palmer until his death in 1932. Franklin Palmer left half of the farm to his son Oscar
25
and the second half to Eleanor Simmons. In the 1940s, Oscar and Eleanor had written
“companion” wills, each leaving their estate to the other.
Oscar Palmer was born in 1884. Although Oscar lived all his live on the farm he did not have
much interest in farming. Oscar was a Town Registrar of Voters from 1906 until 1943 when he
was elected as a member of the Board of Assessors. He served as an assessor until his retirement
in March of 1968. Oscar Palmer had great interest in collecting antiquities and owned a fine
collection of Indian Relics, antique wooden kitchen utensils, metallic shoe buckles, flint-lock
muskets and other articles. He unearthed Indian relics including arrowheads, pottery, tomahawks
and other war weapons while plowing on his farm near the brook.
After Oscar Palmer’s death, Eleanor Simmons became the sole owner of the Palmer Farm.
Eleanor lived at the Palmer Farm for more than 70 years until her death in 2001. During her life
on the farm, Eleanor didn’t contact any relatives. After Oscar’s death, Eleanor neglected to rewrite her will, thus the Palmer Farm fell in the hands of the Bristol County Probate Court. No
one responded to the advertisement of Eleanor’s death and claimed the Palmer Farm.
Eleanor was a very private person. She didn’t share much information about herself and kept
secret about her family. The vital records did not provide any information: it turned out that
Eleanor changed her name and the names of her parents and listed a different year of her birth on
different documents. To establish Eleanor’s identity, a group of genealogical researchers was put
together including Mary Ann Boyle, PHD, CG and later Edward Water, the best researcher at the
American Genealogical Research. It took about two years to identify the birth name of Eleanor
(Leonarda Zmuda) date of birth, names of her parents and to conduct a DNA test. This
information led to the 13 heirs of her Adamsville Road historic estate.
In December 2008, the Westport Land Conservation Trust and The Trustees obtained a loan to
purchase the Palmer Farm at auction for $901,000. WLCT and TTOR then worked with the
Town to place permanent conservation and historic preservation restrictions on the property and
place the farm on the National Register of Historic Places.
STATEMENT OF SIGNIFICANCE
The Oscar Palmer Farm typifies the scale and structure of 18th, 19th, and 20th century farmsteads
in New England, and plays a significant part in the history of the Town of Westport. The house
features an original floor plan and unique chimney. The interiors of the original early 18th
century house are relatively well preserved, and will allow for careful study and restoration of
the structure. The barn illustrates many characteristics typical of New England 19th century bank
barns. The location, size and style of the existing farm outbuildings are integral components of
the property’s historic appearance and rich agricultural heritage. All structures have much of
their original historic fabric in place. Properly preserved and rehabilitated, this property will be
an important contribution to the culture and history of both the Town of Westport and
Massachusetts.
26
EXHIBIT B1: REDUCED COPY OF CONSERVATION AND HISTORIC PRESERVATION
RESTRICTION PLAN
27
EXHIBIT B2: DETAIL OF HISTORIC PRESERVATION RESTRICTION AREA
28
EXHIBIT C – BASELINE DOCUMENTATION PHOTOGRAPHS
Photo 1: Granite posts of entrance carriage gate with
two side passages.
Photo 2: Outbuildings, from north.
Photo 3: Barn, Shed #1, and House, from northeast.
Photo 4: Entry driveway, from north. Note mill
stone (1) covering former well and granite sill (2) at
site former fence in front of house.
Oscar Palmer Farm, 138 Adamsville Road, Westport
Historic Preservation Restriction
Page 1 of 13
Photo 5: East elevation. Note solid granite sill on
the ground. Also visible are different style gable
returns at north and south.
Photo 6: House, southeast corner. Note 20th century
porch on concrete slab.
Photo 7: House, south elevation. Note Victorian
two-over-two windows in south parlor and older sixover-six windows in bedroom.
Photo 8: House, west elevation.
Page 2 of 13
Photo 9: House, north elevation.
Photo 11: House, south elevation. Note windows
with lintels beveled at edges.
Photo 10: House, north elevation. Note enlarged
windows in keeping room.
Photo 12: House, House, south elevation, addition;
note solid granite foundation blocks.
Page 3 of 13
Photo 13: House, north elevation, Greek Revival
entry, details at top of fluted pilaster.
Photo 14: House, chimney.
Photo 15: House, east elevation. Note upper panels
of Historic Greek Revival door replaced with glass.
Photo 16: House, basement under east part of house
looking south. Note field stone walls and steps, dirt
floor, and tree trunk posts.
Page 4 of 13
Photo 17: House, basement under the east part of the
house looking north. Note floor joists and posts
along the west wall are later replacement.
Photo 18: House, original basement under the east
part of the house. Note original (1) and new (2)
framing, tree trunk posts and new plank subfloor (3).
Photo 19: House, first floor, Keeping Room looking
south. 1– Original stair to attic, 2-colonial four panel
door with historic hardware, 3– beam chamfered on
one side shows location of original exterior wall, 4–
original beehive oven, 5– vent through original
chimney, 6-heat grate to attic room.
Photo 20: House, first floor, Keeping Room looking
north. 1– beam chamfered on one side shows
location of original exterior wall, 2– location of
original post, 3- colonial four panel door with
historic hardware.
Page 5 of 13
Photo 21: House, first floor, South Parlor looking
east. Note traces of fireplace under the wallpaper
(1), opening for 19th century wood stove chimney
(2). Paneling, doors and shelving are 19th & 20th
century alterations to the interior.
Photo 22: House, “chimney stair”.
Photo 23: House, first floor, west parlor in west
addition, chimney wall. Beehive oven in Keeping
room was enclosed during the construction of this
fireplace.
Photo 24: House, first floor, window trim in
southwest bedroom in west addition. Note thin
unaltered exterior wall and early beaded sash holder.
Page 6 of 13
Photo 25: House, second floor, garret over original
part of house looking west.
Photo 26: House, second floor, garret over original
part of house, southwest corner. Note traces of
raised roof.
Photo 27: House, second floor, bottom of original
chimney stuck.
Photo 28: House, second floor, early 18th century
two
panel door with traces of early hinges (1) in
Southeast Bedroom. (2) existing hinges.
Page 7 of 13
Photo 29: House, attic, chimney. 1– first row of
corbel at top of original chimney, 2– brick shelves
over original roof rafters (working as flashing).
Long diagonal line shows location and slope of
original roof.
Photo 31: Barn, west elevation. Note north addition
to originally symmetrical three-bay English barn.
Photo 30: House, attic, chimney flue from west
parlor added to original chimney stuck.
Photo 32: Barn, north and west elevations, view
from north.
Page 8 of 13
Photo 34: Barn, view from north and east elevations.
Photo 33: Barn, north and west elevations.
Photo 35: Barn, west elevation, wagon door, sliders
and wheels.
Photo 36: Barn, south elevation.
Page 9 of 13
Photo 37: Barn, south elevation, basement level.
Photo 38: Barn, addition to east elevation, view from
north.
Photo 39: Barn, basement facing north.
Photo 40: Barn, basement dry-laid field stone wall.
Page 10 of 13
Photo 41: Barn, attic facing north. Note hay mow
door enclosed from exterior.
Photo 43: Shed 2, south and west elevations.
Photo 42: Shed 2, east elevation. Note concrete base
and piers.
Photo 44: Shed 3, north and east elevations.
Page 11 of 13
Photo 45: Shed 3, north and west elevations.
Photo 46: Shed 4, south and east elevations.
Photo 47: Shed 5, east elevation.
Photo 48: Shed 5, partial north and west elevation.
Page 12 of 13
Photo 49: Shed 5, partial north and west elevation.
Photo 50: Shed 5, rear fireplace elevation.
Photo 51: Shed 5, interior view looking west.
Photo 52: Shed 5, workbench.
Page 13 of 13
EXHIBIT D
RESTRICTION PURPOSE & GUIDELINES
PURPOSE OF RESTRICTION
This restriction is intended to ensure the preservation of those characteristics which
contribute to the architectural, archaeological and historical integrity of the HPRA.
Characteristics which contribute to the architectural, archaeological and historical integrity of the
HPRA include, but are not limited to, the artifacts, features, materials, appearance, and
workmanship of the HPRA.
RESTRICTION GUIDELINES
PAINT
Minor - Exterior or interior hand scraping and repainting of non-decorative and non-significant
surfaces as part of periodic maintenance.
Major - Painting or fully stripping decorative surfaces or distinctive stylistic features including
murals, stencilling, wallpaper, ornamental woodwork, stone, decorative or significant original
plaster.
WINDOWS AND DOORS
Minor - Regular maintenance including caulking, painting and necessary reglazing. Repair or inkind replacement of existing individual decayed window parts.
Major - Wholesale replacement of units; change in fenestration or 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.
EXTERIOR
Minor - Spot repair of existing cladding and roofing including in-kind replacement of
clapboards, shingles, slates, etc.
Major - 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 repointing of masonry. Structural stabilization of
the property is also considered a major alteration
LANDSCAPE/OUTBUILDINGS
30
Minor - Routine maintenance of outbuildings and landscape including lawn mowing, pruning,
planting, painting, and repair.
Major - Moving or subdividing buildings or property; altering of property; altering or removing
significant landscape features such as gardens, vistas, walks, plantings; ground disturbance
affecting archaeological resources.
WALLS/PARTITIONS
Minor - Making fully reversible changes (i.e, sealing off doors in situ, leaving doors and door
openings fully exposed) to the spatial arrangement of a non-significant portion of the building.
Major - Creating new openings in walls or permanently sealing off existing openings; adding
permanent partitions which obscure significant original room arrangement; demolishing existing
walls; removing or altering stylistic features; altering primary staircases.
HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS
Minor - Repair of existing systems.
Major - Installing or upgrading systems which will result in major appearance changes (i.e.
dropped ceilings, disfigured walls or floors, exposed wiring, ducts, and piping); the removal of
substantial quantities of original plaster or other materials in the course of construction.
Changes classified as “major” alterations are not necessarily unacceptable, provided Grantee has
determined that they will not adversely affect the characteristics which contribute to the
architectural, archaeological and historical integrity of the HPRA.
31
EXHIBIT E
The Secretary of Interior’s Standards for The Treatment of Historical Properties with Guidelines
for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (36 CFR 67 and
68)
1. A property will be used as it was historically or be given a new use that requires minimal
change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive
materials or alteration of features, spaces, and spatial relationships that characterize a property
will be avoided.
3. Each property will be recognized as a physical record of its time, place, and use. Changes that
create a false sense of historical development, such as adding conjectural features or elements
from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be
retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of
craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature will match the old in
design, color, texture, and, where possible, materials. Replacement of missing features will be
substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means
possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be
disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic
materials, features, and spatial relationships that characterize the property. The new work shall
be differentiated from the old and will be compatible with the historic materials, features, size,
scale and proportion, and massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction will be undertaken in a such a
manner that, if removed in the future, the essential form and integrity of the historic property and
its environment would be unimpaired.
32
Exhibit F

Exhibit D- Historic Preservation Restriction

Transcription

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