Town has valued the house at $3 million, but the Hall family feels this number is low.
Mark Lovewell

Edgartown Makes Case for Acquiring Yellow House at Town Meeting

With frustration bubbling over among all parties, Edgartown officials made their case Wednesday for a proposal to acquire the dilapidated Yellow House in the heart of downtown.

With frustration bubbling over among all parties, Edgartown officials made their case Wednesday for a proposal to acquire the dilapidated Yellow House in the heart of downtown.

About 30 people gathered for a public forum about a plan to spend $3 million to purchase or take by eminent domain the property at 66 Main street, owned in a trust by the Hall family. Town officials and members of the public voiced frustration about years of legal action surrounding the property and what they said was the owner’s lack of action in making repairs, while a Hall family representative criticized the project at length.

The town proposes asking for proposals from businesses to restore the circa-1805 building and operate it as retail space, build a small park and turn a private parking lot into town hall and public parking. A rendering of the property by architect Patrick Ahearn shows the house rotated for more frontage on Main street.

The plan will come before town meeting April 11, with a two-thirds majority required, and also requires approval at the April 13 town election.

Town's design for the Yellow House, located at the corner of Main and Summer streets.
Town's design for the Yellow House, located at the corner of Main and Summer streets.

Town officials said the plan follows years of legal wrangling with the owners, and failed efforts to improve the property with the owners’ help.

“This isn’t something we just dreamed up,” selectman Michael Donaroma said.

He added: “The best thing we’re hoping is that in the end, if this all goes through, it will end up paying for itself and this part of town will have a future.”

Mr. Donaroma said benefits to the town include an increase in open space and parking, as well as potentially using the land for an expansion of town hall.

The project would be funded through $1.5 million in community act funding, and the remaining $1.5 million through general appropriation, or a “one time hit on the tax bills,” Mr. Donaroma said. Officials said two independent appraisals have valued the property at about $3 million.

Town counsel Ronald H. Rappaport outlined years of legal action centered on the house, which was most recently a bookstore but has been vacant since the early 2000s. The town and the Hall family have been involved in a lawsuit over a tree next to the property since 2003, with the town contending that the tree cannot be removed because it is a public shade tree and the family arguing that the tree’s roots have interfered with renovation plans. A superior court judge found in favor of the town in 2013; Mr. Rappaport said a third notice of appeal has been filed, with the first two appeals thrown out as untimely.

The town has also been battling to enforce a historic district bylaw passed in 2013 requiring minimum upkeep; the historic district commission found the property in violation and sent the matter to the building department for enforcement. That has been appealed, Mr. Rappaport said, “and we’re two years into that case.”

He said these issues were part of the town’s motivation. “How much do we want to spend in legal fees on an ongoing basis?” he said.

Edgartown attorney Sean Murphy called the house a "dump."
Mark Lovewell
Edgartown attorney Sean Murphy called the house a "dump."
Mark Lovewell

Several questions posed from the audience centered around the details of taking the building through eminent domain if an agreement to buy it could not be reached.

Mr. Rappaport said town meeting would need to vote to authorize the selectmen to take the property, and under state law the town would be required to pay fair market value. If the proposal is approved the town could take the property the next day, Mr. Rappaport said, though the property owner has three years to appeal and can take the town to court to determine whether it paid a fair amount. Mr. Rappaport said it was hard to know how much legal fees would be.

“But in the meantime we own it and we can start the project, we wouldn’t have to wait,” Mr. Donaroma said.

Members of the public had questions and pointed criticism about the state of the property.

“I’m afraid I’m exasperated with the Halls and have been for a long time,” Edgartown resident and former downtown business owner Carol Fligor said. “I for one am for taking it by eminent domain and I hope everybody else thinks that’s a good idea too.”

Resident Barbara Phillips posed a question to the owners. “I just wonder why...why this has to be such a horrible journey? If you really have no interest in making improvements, why can’t you simply sell to the town, why can’t this be harmonious? You obviously don’t want to do anything with it, why can’t you sell it to the town?”

Benjamin L. Hall Jr. represented the Hall family.
Mark Lovewell
Benjamin L. Hall Jr. represented the Hall family.
Mark Lovewell

During lengthy comments at the meeting, Benjamin L. Hall Jr., representing the property owners, criticized the town’s proposal to take stewardship of what he called “one of the key pieces of property in the B-1 district on Main street” and that businesses in the downtown “are the engine that drive the economy.” He said $3 million was “ very far below what the true cost of the property is to the town,” adding that he thought the town would have to spend $7.5 million and pay attorney’s fees. He argued the town should spend money on other things.

“I know people are upset,” he said. “I’m upset about the look and feel about that place, I’m upset about the entire situation when we started to work in 2003 and started to dig.” He said the family planned to paint and clean up the property, and had a prospective buyer.

“Yes, my family has had its differences with the town government,” he said, adding that it was the nature of a small town not to agree all the time, and it was their right to pursue legal action. “But this is a bad idea and I would urge the public or anyone who hears about this hearing to come out to town meeting to say a firm no.”

Mr. Hall’s comments did not sit well with Edgartown attorney Sean Murphy. “I find it personally offensive for Mr. Hall to give this group and the town a lecture about finances,” he said, noting “the tens and hundreds of thousands of dollars [the Halls] have cost the town over a tree.”

“To call it the economic engine, what is wrong with you? It’s a dump. It has always been a dump,” he said, adding that two towns have proposals on town meeting warrants to address properties owned by the Hall family. In Oak Bluffs the town is proposing spending $200,000 on temporary repairs for the Island Theatre, which is in disrepair and has been deemed dangerous.

“The two words you haven’t heard from him are I’m sorry or we will do it . . . because it’s never going to happen,” he said, adding that he thought a lawsuit was likely regardless of how much the town spends. “Take it and move forward and let’s get Main street cleaned up.”

The board will hold another public information session on April 3 at 4:30 p.m. at town hall.

Comments

Submitted by Anonymous (not verified) on Thu, 03/23/2017 - 18:33

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deshandra brown Edg

The LAST person on the planet to opine about 'stewardship' of properties is Mr. Hall. Shall I make a list here? Starting with this dump, or the OB movie theater, or the unfinished 'Hallsgate' development illegal junkyard? . NOTE to Edgartown Board of Selectmen: THANK YOU. And as long as your 'getting into it here', "Hallsgate' would make an EXCELLENT 'connector' road between the EDG-WT Rd and EDG-VH Rd. THAT could go a long way towards relieving traffic pressures at the Triangle and Upper Main St.. Might as well get it all over with at once.

Submitted by Anonymous (not verified) on Thu, 03/23/2017 - 18:44

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WashAbhored Edgartown

Why is the town assessment less than $2,000,000 if they think it's worth $3,000,000 and the Hall's think it is worth $7.5M?

Submitted by Anonymous (not verified) on Thu, 03/23/2017 - 20:10

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John Joe Sullivan Edgartown

Take the property? Why can't we have a cup of coffe with the Hall family
And work this out / this sounds expensive

Submitted by jaldeborgh (not verified) on Fri, 03/24/2017 - 00:24

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John Aldeborgh Edgartown, MA

It seems reasonable that if the Hall family truly cares about the town and believe that this property can help the town's economy and/or image that they would either develop the site so that it reaches it's potential or stand aside by selling the property for verifiable market rates, allowing someone to put the property to good use. To refer this location as the economic engine of the town is wishful thinking. It's without question a good location but I wouldn't say it has any particular advantage or differentiation.

As it is I feel it's an embarrassment to both the living Hall family and their legacy. The Hall's have a special place in the history of Edgartown and it's a shame to see this play out this way.

Submitted by Anonymous (not verified) on Fri, 03/24/2017 - 07:42

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Tom Oak Bluffs

What is wrong with this family allowing their properties to be in such a state of disrepair? This problem has been going on for years and needs resolution and soon!

Submitted by Anonymous (not verified) on Fri, 03/24/2017 - 08:09

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Oldtimer Chilmark

Enough is enough with sympathy for the Halls. The constant excuses about renovation delays but they lease out the Cappawock and the Strand and they are remodeled in short order by the new management, the Mini Park in Edgartown managed by the town is a beautiful site. Everything under the direct management of the Halls is a pure disgrace. Don't forget the long shuttered liquor store on main street Edgartown too, can you imagine a fire in that location?

Submitted by Anonymous (not verified) on Fri, 03/24/2017 - 11:00

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JS

The Halls need a reality check. But lets also remember the Capt Warren House debacle.

Neil Off Island

The Captain Morse house is 3 blocks from Main Street, the yellow house is easily more visible. Take it, put it on the market immediately. What would be a good use? Don't need another bookstore.

And if the Halls think they can get 7 mil for it, let them but be quick about it.

Submitted by Anonymous (not verified) on Fri, 03/24/2017 - 14:06

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Herb OB

I think we need a common sense approach here.... let's give the Halls some time to get the place fixed up .... let them cut the tree and then see what happens.

Josiah B. Edgartown

I agree. Perhaps as a community we could help him spruce the old place up. It adds character and a Patrick Ahearn "cookie-cutter" project will spoil the overall look of Main Street.

Charles Lewis Edgartown

Patrick Ahearn is exactly what that house needs. He is god almighty in my book. Bring on the spade shovel and level the old lady!

Oldtimer Chilmark

Give them more time ? They have had all the time in the world, what have they been doing that they can not fix ALL these properties? Remember the Halls let them fall into ruin.

Submitted by Anonymous (not verified) on Fri, 03/24/2017 - 14:33

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Steve Chilmark. MA

I grew up going to the Cappawock, Strand and the Island, and have thought for a longtime that the Halls' allowing those historic theaters to literally fall in on themselves was a travesty. I was glad to see the Cappawock and the Strand repaired and revitalized. I look forward to the Island joining them.... along with the Yellow House!

Submitted by Anonymous (not verified) on Fri, 03/24/2017 - 16:30

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Kip Edgartown, N.Y.

I think we should not be using are taxpayer money to fight the Halls..
Give them the opportunity to make it right...
As a board certified Architect the place can be saved...

Submitted by Anonymous (not verified) on Fri, 03/24/2017 - 20:54

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Jim Edgartown

This is a disgrace. The house is an embarrassment. The Hills should be ashamed of themselves. If they will not fix it up , the town should take it over exercising imminent domain, and pay them 10% over assessment. Then do something with it that residents can be proud of.

Susan Edgartown

Jim, Sorry you feel this way....Unfortunately this is not your property and this is the Hall property.
Mr Hall are good people and good neighbors with good intentions.
They also have done a lot to help our community over the years.
I hope Mr. Hall takes this to court.

Submitted by Anonymous (not verified) on Fri, 03/24/2017 - 22:49

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Bruce Edgartown

My goodness!! If it's worth $7.5 million, sell it Ben!!!! That would solve all your problems.

Submitted by Anonymous (not verified) on Mon, 03/27/2017 - 05:55

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Frank Brunelle Vineyard Haven

You know, my good friend Tom DeMont, one of the finest scrimshaw artists ever, had a store in that location. He moved to a better location next to Edgartown Hardware, which was a much better spot for his business. There were big windows, and far more foot traffic. Now, that is beautiful house, and a nice location, but saying it can be or is the economic engine of the town? There was a very nice bookstore there.

Submitted by Anonymous (not verified) on Wed, 03/29/2017 - 07:26

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Lorraine Edgartown

Yes, indeed, there was a very nice bookstore there...in fact, I miss Bickerton and Ripley, they were my go to bookstore and even when I was off island they would send out books for me as gifts; they would reco certain books and their service was first rate. All I had to do was walk down the street and bring home a bag of lovely books. I still miss that store.

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