31B-270 Elks Lodge Historic MOA-Planning-Sustainability/ � 1
MEMORANDUM OF AGREEMENT
BETWEEN
__.THE_ MASSAC HISTORICAL COMMISSIO_N_____
AND
THE CITY OF NORTHAMPTON, MASSACHUSETTS
OFFICE OF PLANNING & DEVELOPMENT
WHEREAS, the City of Northampton acting through its Office of Planning & Development with
approval of its mayor, Mary Clare Higgins, (the "CITY') has proposed to provide Community
Development Block Grant (CDBG) funds to an approved CDBG sub - recipient for the acquisition of
real property at 43 Center Street, Northampton, MA; and
WHEREAS, 43 Center Street (the "former Elks Lodge') is a building which contributes to the
significance of the Northampton Downtown Historic District, a district which is listed in the State
and National Registers of Historic Places; and
WHEREAS, the real property acquisition (the "project ") by the CDBG sub - recipient of a
condominium unit within the former Elks Lodge will result in the turn -key rehabilitation of the space
to be acquired; and
WHEREAS, the City has determined that the proposed undertaking will have an effect upon the
former Elks Lodge pursuant to 36 CFR Part 800, the regulations implementing Section 106 of the
National Historic Preservation Act of 1966, as amended [16. U.S.C., Part 470(f)]; and
WHEREAS, the City has consulted with the Massachusetts State Historic Preservation Officer
( MASHPO) pursuant to 36 CFR Part 800; and
WHEREAS, the Northampton Central Business Architecture Committee (CBAC) has participated in
the consultation regarding this undertaking; and
WHEREAS, the MASHPO has determined that the project constitutes an adverse effect on a
historic property pursuant to 36 CFR 800.5(a)(2)(i); and
WHEREAS, the City has provided to the MASHPO information regarding alternatives to the
proposed project and the MASHPO has reviewed this information and concurred that prudent and
feasible alternatives have been considered; and
WHEREAS, the MASHPO has determined to accept the adverse effect of the project in
consideration of the mitigation described herein; and
NOW THEREFORE, the MASHPO together with the City have agreed that the project shall be
implemented in accordance with the following stipulations to mitigate the effect of the project on the
former Elks Lodge:
STIPULATIONS
The City shall ensure that the following measures are carried out in with the
MASHPO:
1 The condominium owners shall not alter the — ex terior, - loa - bearing wallathe front of - the -- - - - -- - -
structure (Center Street side which will be an interior load bearing wall upon completion of
- the project) without first consulting with the City of Northampton and the MASHPO and -
obtaining review and approval from each;
2. The project shall include the rehabilitation of the existing historic windows on the former
Elks Lodge;
3. The project shall include enclosure of the front porches on the former Elks Building with
glass as approved by the NORTHAMPTON CENTRAL BUSINESS ARCHITECTURE
DISTRICT;
4. The NORTHAMPTON CENTRAL BUSINESS ARCHITECTURE DISTRICT Permit
Determination for the project is herein referenced and made part hereof;
5. The project proponent shall submit for City of Northampton and Massachusetts Historic
Commission for review and approval 25% construction plans and specifications;
6. The project proponent shall photographically document the building in its existing
condition. Photographic documentation shall comply with the format outlined within
Appendix A (attached).
Execution and'acceptance of this Memorandum of Agreement and compliance with its -terms and
conditions evidences that the City of Northampton has taken into account the effects of the
undertaking on historic properties in compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (36 CFR Part 800),
CITY OF NORTHAMPTON, MASSACHUSETTS
TE:
1 �
BY. - ��,. DATE: -Z
David Murphy
Central Business Architecture Committee
BY: � Kk lk l , DATE:
Michael T. wens
-------- -____- Office of Pl anning & Dev elo pment ------_----------------------_—__—
CDBG Environmental Officer
MASSACHUSETTS HISTORICAL COMMISSION
BY: DATE:
Judith McDonough
Massachusetts State Historic Preservation Officer
r APPROVED AS TO FORM
BY: �'� �' ';!?rc f DATE:
J'a'net M. Sheppard, Qf i Solicitor.,,._._
APPENDIX A
Photographic documentation of existing conditions in the form of black- and -white archival
quality photographs which are keyed by number to a floor plan sketch. Provide views of exterior
elevations, interior spaces, and significant features (both typical and unique), including windows,
doors, entrances, moldings, etc. The photographs shall be keyed by number to a photograph
description sheet (also listing their respective negative numbers).
One (1) original, archival set (with original negatives) of this documentation shall be submitted to
the MHC and one (1) set shall be submitted to the Northampton Historical Commission. The
original, archival set of this documentation will be transmitted by the MHC to the Massachusetts
Archives, a separate Division of the Office of the Secretary of the Commonwealth. To meet the
requirements of the Massachusetts Archives for permanence of materials, the original, archival
set of the documentation shall be prepared as follows. The 35mm 4" x 6 "black -and -white
photographs shall be archivally processed on archival - quality photographic paper, accompanied
by negatives. All photographs shall be identified on the back in pencil, with no affixed labels,
unmounted but sleeved in archival - quality, unbuffered* envelopes, the contents of each envelope
identified and numbered in pencil on the envelope. The negatives shall be sleeved in a stable
polypropylene negative holder; the negative holder shall be suitably labeled. The accompanying
paper documentation shall be prepared on alkaline, buffered paper, enclosed in archivally stable
materials (such as an archival - quality, buffered alkaline file folder).