[MassHistPres] HD Propertry threatened in Lenox

[Suzanne W Pelton]

In Lenox we are faced with the demolition of an 1857, one and a half  
story farm house in the center of our village. Though the property is  
quite ordinary and very small, it is representative of the homes of  
farmers and tradespeople in the the mid-1850's and contributes to the  
historic landscape. A lot of  people here don't understand why it is  
important to preserve all historic building stock in an historic  
village, not just the famous properties and architectural gems.

The property is on the market and the owner appears determined to be  
rid of the small structure in favor of more profitable development in  
the business district. His pugilistic lawyer is questioning the  
authority of the HDC in the face of letters from the building  
inspector and the fire chief directing that the building must be  
repaired or demolished. Currently it is boarded up but we have no  
information that it is in danger of falling down. It was being lived  
in until a water pipe burst causing damage--$267,000 the owner says  
he doesn't want to pay and the house isn't worth. The owner has said  
he will fill in the basement and grass it over. This will be an  
important case as he also owns the larger house next door and the two  
properties together command a large corner piece of land.

One member of the HDC has recused himself because he is interested in  
buying and restoring the property though he has yet to make an offer.  
Another member has recused himself because he is friends with the  
owner-he is also the HD business owner member of the HDC.  The  
remaining three members could only say they would consult town  
counsel. The final hearing and decision will occur on Nov 6.

The  HC is determined to preserve our historic district. Anything you  
can send us would be appreciated. We need to gather arguments for how  
courts have upheld HD rulings. We are particularly interested in the  
arguments having to do with cost although the owner has not produced  
any proof that he is unable to pay for repairs. If someone offers to  
buy what an old property is currently worth rather than what a  
developer might offer---are there any court cases that show how this  
turns out?

Suzanne Pelton
Lenox Historical Commission


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