[MassHistPres] Demolition of a Newton Local Landmark (WN Hill Preservation)

[Hillary Hedges Rayport]

The recent decision of the Massachusetts Supreme Judicial Court of Appeals Montgomery v. Board of Selectmen (Nantucket) established broad rights for who has standing to bring a case when protections for historic structures are violated. Protections for historic structures are for the benefit of the community, and the judge found that anyone in the District -- a property owner in the community or a preservation non-profit -- can be aggrieved and can bring a lawsuit.  See link to decision below.

https://law.justia.com/cases/massachusetts/court-of-appeals/2019/17-p-1432.html

You might investigate seeking an injunction and requiring the building be put back. It will never be the same, but you are correct about the importance of consequences for an egregious violation of landmark protection. 

Newton also has the power to fine violators $300.00 per day until the violation is rectified.

I hope these observations are helpful and something can be done.  Good luck.

Best,
Hillary Hedges Rayport
Chair,
Nantucket Historical Commission

On 5/2/21, 7:36 PM, "masshistpres-bounces at cs.umb.edu on behalf of masshistpres-request at cs.umb.edu" <masshistpres-bounces at cs.umb.edu on behalf of masshistpres-request at cs.umb.edu> wrote:

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    Today's Topics:

       1. Demolition of a Newton Local Landmark (WN Hill Preservation)


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    Message: 1
    Date: Sun, 2 May 2021 07:05:07 -0400
    From: WN Hill Preservation <wnhpreservation at gmail.com>
    To: MHC MHC listserve <MassHistPres at cs.umb.edu>
    Subject: [MassHistPres] Demolition of a Newton Local Landmark
    Message-ID:
    	<CA+WbQ-sBvXQb_2ZtgDcdWG+D+npcXAHiFR0o+vQundrUt+k+ow at mail.gmail.com>
    Content-Type: text/plain; charset="utf-8"

    We discovered last week that a builder has demolished an 18th
    century farmhouse, one of Newton's 24 Local Landmarks
    <https://www.newtonma.gov/government/planning/historic-preservation/newton-city-landmarks>.
    This took place 3 months after the sale to a developer, despite very
    specific preservation measures discussed at length and agreed with the
    Historical Commission, and a stop work order from the inspectional
    department.

    The farmhouse in our Oak Hill neighborhood originally belonged to the Hyde
    family, ancestors of the first mayor when the city was incorporated,James
    F. C. Hyde <https://en.wikipedia.org/wiki/James_F._C._Hyde>.

    We are interested to learn from others if you have had something like this
    occur and how it was handled, including penalties. There is a strong
    concern that if this builder gets away with a light penalty that gives a
    green light to others.

    Another note is that the property was listed by the realtor
    <https://www.realtor.com/realestateandhomes-detail/29-Greenwood-St_Newton_MA_02459_M36199-25165>
    as "shovel ready" ... "get to work with your backhoe on day one."

    Laura Foote
    West Newton Hill Preservation Initiative



    wnhpreservation at gmail.com
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