[MassHistPres] Anyone else experience ? Town meeting voted for historic preservation on a building now not being followed through?

[Martha Himes]

 Hi Sally,Very generally speaking, Town Meeting votes have to be followed. If a change is requested after the fact, the change has to be approved at the next Town Meeting before work can occur. 
You would have to carefully look at the wording of the Town Meeting warrant article to see what authorizations the Selectboard was granted. Your Town Clerk should have a copy of the article and motions as voted and approved. That information will tell you whether the demolition request can proceed without a new Town Meeting vote.
According to the Town Clerk's information available online (2d5ff337-0468-4c8f-a43a-122858b16b0a) , the preservation restriction you moved and successfully passed was specific to the exterior of the church and did not include the interior. In the Town Clerk's records, it seems to have been changed to the facade only. The warrant article also seems to have granted the Selectboard pretty broad negotiation permissions.Good luck and Happy New Year,Martha Himes
    On Tuesday, December 31, 2024 at 09:02:56 AM EST, sally milne via MassHistPres <masshistpres at cs.umb.edu> wrote:   

 Greetings,
  
 The first Baptist Church of West Harwich is a Macris listed, National Register eligible, historic building within Captains ‘ Row and within a District of Critical planning concern.
 The town sought ,through a town meeting article , to clear the title of the church and through a complicated process of RFP and Purchase and Sale to find a developer to preserve the building with a historic preservation restriction  and use for housing.  The original  Town meeting article also included a motion that passed ensuring that the historic preservation restriction on the building follow the specific  MG. Laws  which were cited  through help with the Mass. Historical Commission. This would supposedly ensure the Restriction was done properly. I believe the town will argue that the Selectboard was given authority to engage in negotiations and any necessary steps to complete the deal. So. Just remove the Historic Preservation restriction!
    Now apparently  the town did not follow through and the developer is asking for a complete demolition citing engineering reports as to the condition.  Rafters are old growth        
    Oak.  No new deeds recored yet. The developer (Davenport)  has a signed statement from the church owner endorsing a demolition though I don’t believe the deal is yet finalized. Confusing? Who really owns it? The developer will  now appear before the Historic Commission asking for complete demolition.                    .    
    
  What recourse is there. ? Can town meeting vote be ignored or not enacted ?


As always I appreciate this group so much
Wishing everyone a Happy New Year
Sally Urbano
Individually
Captains’ Row West Harwich
  


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