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Case Study - Wisconsin
Historic Bosch Hotel and Tavern To be Moved To Make Room for Highway Reconstruction in the Village of Hales Corners.
DESCRIPTION OF PROJECT:
The Federal Highway Administration (FHWA) is providing financial assistance to the Wisconsin Department of Transportation (WisDOT) for reconstruction of 5.5 miles of U.S. Highway 45/Wisconsin Highway 100 in Franklin, Hales Corners, and Greenfield; Milwaukee County, Wisconsin. The project will provide additional traffic capacity, improved traffic flow and safety for local and through traffic, and enhancements to pedestrian and bicycle facilities.
WHAT HISTORIC PROPERTIES WILL BE AFFECTED?
The Bosch Tavern is located at the northwest corner of the US 45/WIS 100 and Janesville Road intersection, which is also referred to as the “Triangle” in the Village of Hales Corners. The Bosch Tavern is a two-and-one half story Queen Anne building with a wraparound porch and corner turret. Built in 1904, it is still used as a tavern and restaurant with rental space on the second floor. It is eligible under National Register Criterion A for its association with the electric street car and the establishment of Hales Corners as a residential suburb. The proposed work at Hales Corners requires shifting the alignment of US 45/WIS100 such that WisDOT must acquire 40% of the Bosch Tavern parcel and removal of the building.
WHO PARTICIPATED IN CONSULTATION?
Consultation under Section 106 of the National Historic Preservation Act (NHPA) was initiated in early 2008, when the Hales Corners Historical Society (HCHS) notified WisDOT that the Bosch Tavern was historically significant and important to the village. Over the next five years, WisDOT considered alternatives to avoid impacts to Tavern in consultation with the State Historic Preservation Officer (SHPO), the Village of Hales Corners, the HCHS, Hales Corners Historic Preservation Commission (HPC), residents of Hales Corners, affected property owners, and the public. Mr. Richard Putlitz, the owner of the Bosch Tavern, also played a key role in consultation. In April 2013, the ACHP entered consultation at the invitation of FHWA.
WHY WAS ACHP INVOLVEMENT NEEDED FOR THIS CASE?
Although concensus was reached among consulting parties to relocate the Bosch Tavern building to a nearby site to avoid demolition, they were unable to identify a specific location for the move, or to agree on measures to ensure the tavern’s long-term preservation. The SHPO asked for a preservation covenant to be attached to the title of the tavern, which would require the building be maintained in accordance with its historic character; any changes or improvements subject to SHPO review. Mr. Putlitz found the proposed covenant too restrictive for his business. He and SHPO were unable to agree to the terms of a preservation covenant. Furthermore, FHWA wanted the MOA to include a provision for demolition of the tavern if a suitable place for relocation could not be found. FHWA sought the ACHP’s assistance in resolving these issues.
ANALYSIS OF CONSULTATION AND AGREEMENT:
The ACHP advised FHWA and the other parties that it was supportive of including a provision in the MOA allowing the tavern to be demolished in the event the relocation plan could not be implemented. It also agreed that it was not necessary for the proposed preservation covenant to be executed before the MOA is signed. The ACHP also noted that the Bosch Tavern should be reevaluated after the move to determine if it is still eligible for inclusion in the National Register of Historic Places.
As a result of additional consultation, a final Memorandum of Agreement (MOA) was executed on April 14, 2014. It was signed by the FHWA, WisDOT, Wisconsin SHPO, Bosch Tavern Owner, Village of Hales Corners and the ACHP. The MOA calls for relocating the Bosch Tavern building to an alternate site. WisDOT will purchase the property, including the land and existing Bosch Tavern building. The MOA requires WisDOT to make a good faith effort to procure one of three nearby locations identified in the MOA, or, if those cannot be acquired, provide the owner of the tavern an opportunity to procure another location acceptable to the SHPO. WisDOT will then sell the building and procured alternative site to a private owner, with first right of refusal to the current owner, who will be responsible for preparing a moving plan and all activities required to move the building to its new location. Additional provisions include:
- Specific requirements for the owner to complete a Moving Plan, including archaeological survey and data recovery, if needed.
- The owner of Bosch Tavern must maintain the building in its current appearance before and after it is moved. Future additions or changes to the exterior will be guided by the Secretary of the Interior’s Standards for Rehabilitation, and will be reviewed and approved by the SHPO. If the current owner does not wish to repurchase the property from WisDOT, a new owner will need to execute a preservation covenant with the SHPO.
- WisDOT may demolish the Bosch Tavern building if an alternative site cannot be procured 18 months prior to the scheduled construction date.
- Erection of a marker commemorating the historic significance of the Bosch Tavern.
- Re-evaluation of the Bosch Tavern after the building is moved to its new site to determine if it remains National Register eligible; and
- If the tavern remains eligible, WisDOT will nominate it for listing in the National Register of Historic Places, and complete an application for designation of the property as a local landmark.
Click here to see a copy of the signed MOA.
June 13, 2014
June 17, 2014
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