Some of the oldest examples of New England architecture are found in 18th- and 19th-century churches that stand front and center on picturesque commons in Franklin and Hampshire county towns.
Residents are proud of the dignity and history of these iconic buildings. Yet, the dwindling congregations of those churches are often unable to pay for large structural repairs and restorations. To remedy this, communities increasingly turn to the Community Preservation Act, voting to use local tax dollars to keep historic churches intact, as the public assets they are.
This remedy is threatened by a case now before the Massachusetts Supreme Judicial Court, “George Caplan, et al. v. Town of Acton.” Invoking separation of church and state principles, the plaintiffs challenge the town’s use of CPA grants “to refurbish stained glass windows with religious imagery, and to make other repairs that would improve the condition of the Church for its congregants.”
The Community Preservation Act was signed into law in 2000 as a smart-growth tool to help communities preserve open space and historic sites, creates affordable housing and develop outdoor recreational facilities. Voters determine whether the act will be adopted in a community. If so, they agree to levy an additional property tax of up to 3 percent for such projects. The money has been matched, in varying percentages over the years, by the commonwealth.
A local CPA committee reviews applications and recommends which should receive funding.
As of November 2016, Amherst, Belchertown, Easthampton, Hadley, Hatfield, Northampton, Pelham and Southampton in Hampshire County, and Conway, Deerfield, Leverett, Northfield, Shutesbury, Sunderland and Whately in Franklin County have adopted the CPA.
Since its inception, the act has been used to shore up historic religious structures. Here are a few such projects in our area:
In Northampton, century-old Tiffany windows at First Churches are being restored with CPA funds.
In Amherst, voters awarded the Jewish Community of Amherst money to fix the steeple, damaged by a lightning strike.
In Northfield, CPA money helped repair the foundation and preserve stained glass windows in First Parish Church, built in 1879.
The projects benefit the communities as a whole and must be approved by the governing body of each town or city, which we believe provides adequate assurances about separation of church and state.
These public funds come with restrictions that safeguard their use for approved projects. In Conway, for example, the United Congregational Church, which dates back to 1885, was awarded $100,000 three years ago to remediate mold. When the church was structurally damaged by a tornado in February, the church repaid the taxpayers’ $100,000 investment because it cannot save the church’s bell tower and thus will be destroying the historic character of the church the grant was intended to preserve.
Across the commonwealth, more than 300 projects involving religious institutions have been funded through this preservation program. Without its backing, small towns in particular are in danger of losing key structures in their streetscapes.
The court is expected to rule within months on the town of Acton’s decision to award state and local funds to the historic church.
Our message to the Massachusetts Supreme Judicial Court is: Communities, not just the congregations of the churches in question, benefit when churches get CPA money, and they should continue to be eligible.