One day after Edgartown community preservation committee members voted to allocate funds for the town to acquire the Yellow House on Main street, town leaders said they would hold off on the plan. Selectman Margaret Serpa cited the time constraints of working toward the April town meeting.
One day after Edgartown community preservation committee members voted to allocate funds for the town to acquire the so-called Yellow House on Main street, the town had decided not to go forward with the plan.
Selectman and community preservation committee member Margaret Serpa told the Gazette Tuesday morning that a proposal to acquire the house, possibly by eminent domain, will not be on the town meeting warrant after all. She cited the time constraints of working toward the April town meeting.
On Monday, the town community preservation committee voted to allocate $1.4 million in community preservation funding for the acquisition of the vacant building and surrounding land. The committee discussed setting a public hearing before a vote on whether the purchase should be placed on April’s annual town meeting warrant.
The house at 68 Main street was built in 1850, according to town assessor records, and was last appraised at just over $2 million. It sits on about a quarter of an acre of land in the center of the village, and once housed businesses, including the Bickerton & Ripley bookstore. It has been vacant for a number of years and is in deteriorating condition.
The late Alfred Hall, a prominent main street businessman in his day, purchased the property in 1949. Today the property is owned by the Hall Family trust. The family has recently been entangled in a lengthy legal dispute with the town over whether they could cut down a linden tree that sits on the property.
Last summer a superior court judge dismissed a claim by the trust that it was entitled to damages from the town. In court, representatives of the Hall family said the town had hindered them from developing the building.
The selectmen discussed acquiring the property and asked the community preservation committee for funding to make the acquisition possible. The Community Preservation Act allows towns to levy a surcharge of up to three per cent on property taxes to raise money for open space, historic preservation, affordable housing and outdoor recreation.
At Monday’s meeting, Mrs. Serpa cited the building’s condition and central location in town as motivation for the town to acquire it.
“I just think it’s something we need to do for downtown,” Mrs. Serpa said.
After the meeting Mrs. Serpa told the Gazette that the purchase would likely be through an eminent domain taking, if voters agreed, though details about how the building and land would be used were unclear.
The building would have to be appraised. If the $1.4 million in community preservation money does not cover the entire amount, the rest would be borrowed, Mrs. Serpa said.
Mrs. Serpa said Monday she hoped the Hall family would work with the town on the project. Reached by telephone after the meeting, Benjamin Hall Sr. said he had no knowledge of the unfolding plan.
“I don’t know anything about it,” Mr. Hall said.
On Tuesday, Mrs. Serpa said that she and town administrator Pamela Dolby further discussed the matter and decided that because of time constraints, the proposal will not go forward for April’s town meeting.
Meanwhile, she said, the town hopes to work with the Hall family to come to an agreement.
Comments
While part of me thinks this
This Is My Home EdgartownWhile part of me thinks this is a great idea another part is hesitant. The town just sold the Warren House at a loss, a building we, in my opinion, hastily bought. The old school sat vacant and disintegrating for many years before a purpose was chosen for the spot. I hope if the town decides we should buy this piece that they give us a plan for it's use. I hope it doesn't include knocking down the house and or the tree. We're very invested in that tree after all.
How does this qualify as an
Xerxes EdgartowHow does this qualify as an "open space" acquisition under the Community Preservation Act? The only way I see it could be is if the Selectmen anticipated removing the house and creating a public park. Is that really what they intend?
PS: Here is the CPA
Xerxes EdgartownPS: Here is the CPA definition of open space: “Open space”, shall include, but not be limited to, land to protect existing and future well fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, fields,
forest land, fresh and salt water marshes and other wetlands, ocean, river, stream, lake and pond frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas,land for wildlife or nature preserve and land for recreational use.
It's about time that the
Edgartown Resident EdgartownIt's about time that the Halls are sent a clear message from not only the residents of Edgartown but from the entire Vineyard community. We are sick and tired of your blatant disregard to your properties and our Main Streets.
It's about time. Hopefully
farmer5 chilmarkIt's about time. Hopefully Tisbury and Oak Bluffs will follow suit and take the derelict movie theaters by eminent domain before they fall down and hurt someone! The Hall family seems oblivious to the impact their negligence has and they certainly have no sense of either civic pride or responsibility. Hopefully this action will start a trend.
I am not a supporter of
James P Edg/New HavenI am not a supporter of eminent domain, but it has become apparent that the Hall family has a blatant disregard, and borderline aggressive stance against, the well being of the town.
Time and time again, the
Tom Vineyard HavenTime and time again, the towns are displaying the same tendencies that big lottery winners display when large jackpots are won. The towns collect excessive amounts of tax revenues and don't know what to do with all of the money that is taken in. Recently, Edgartown spent a very large sum of money to purchase a computer simulator to train personnel in the event of a terrorist attack. Such training could have been accomplished off island at a larger municipality for a fraction of the cost. Longer ago, the town of Acquinah granted all of the necessary permits to a land owner so that the owner could build his dream house. Construction started and someone in the town changed their mind and rescinded the permits. The owner fought the impulsive, knee jerk reaction of the town and incurred large bills to get the permits back. After a while, the town said screw you and abusively misused this same eminent domain rule and took his land away at a fraction of its total worth to the owner. Now the town of Edgartown, flush with cash, is going to say screw you Hall family, you have no authority or say, we are taking your house and if you don't like it, too bad! This tyrannical misuse of money and power is becoming a big problem on this island and someone has got to say "No!"
I agree with the intention to
BG EdgI agree with the intention to clean up that dump. But the eminent domain taking, if concluded, will set the town up for an expensive legal battle. If they pay their taxes and its not a hazard to pedestrians, there isn't much you can do about it at the moment if they pay their taxes. Of course if the peeling paint (lead paint?) is a health hazard, then it might have to be looked at from that perspective. If a 'blight ordinance' is passed, make the fines something substantial. Make it $1000 per day for the first month, and if no remedial action is taken, make it $10,000 per day for the second month, $20,000 per day for the third month etc. The intent is to force compliance. If the fines are unpaid, foreclose on the property, just like an auction for a tax lien. Any property owner foolish enough to allow the fines to exceed the value of the property or to force an auction will sell it or fix it up. But playing the 'eminent domain' card because its a dump puts the town into unknown legal territory. If the town wants to set that 'precedent' I can give them a long list of dumps in town they should 'take'. Just fine them enough to force them to act.
I agree with Tom. Big
Dan ChilmarkI agree with Tom. Big government can exist on this little island we all call home. Taking this property through eminent domain is criminal. Think about it. The Halls own this home and it's most recent assessed value is in excess of $2 million. Now, because the Town thinks that they aren't taking good enough care of this historic house, they are seizing it for less than the assessed valuation (to say nothing of the fair market price). Let's say you own a rental home that doesn't get new shingles for a few years and your neighbors don't like you and happen to sit on the CPA Committee. Are they going to seize your land through eminent domain?
The rule of eminent domain has been abused for any old reason the government wants when it was intended to serve the CRITICAL NEEDS of the government (Things like the only place that can reasonably be used as a sewage treatment plant for the whole town, or a critical roadway connection where 20 feet of land adjacent to the roadway needs to be taken to allow the grade to be what it must be to let the road be built.)
Now, just because someone doesn't like the visual obstruction to the view, we seize land for eminent domain for open space and view sheds. We don't like what you've done with the paint job and it's an eye sore - eminent domain. It hurts the creepy crawling things and plants when you drive your care over the dirt road on your land - eminent domain. Your neighbors don't like you - eminent domain.
When will the government get that Private Property Ownership is a hallmark of Liberty? When the last private tract of land is "freed" from the clutches of the "greedy landlord" and given to the "gracious public"? This is a monster that's out of control and needs to be stopped. And while I think it's a travesty to let a historic property deteriorate, it's their RIGHT to be slobs and not maintain the site. If the Town wants to take possession, make them a fair offer and if they reject it, accept it. You'd want the law to protect your property if the shoe was on the other foot.
I agree, eminent domain is
Ken Esq EdgartownI agree, eminent domain is not the proper way to handle a situation like this.
However, the town does have a duty to protect all of its citizens and businesses and should have laws that speak to safety and upkeep of a structure especially one in the main commercial district of a town.
One of the problems here is that renovating a property for commercial purposes might lead to a very lengthy and expensive application process which could then result in a property/business that is too expensive/constrained to be viable financially. So, it makes more sense to let the building sit and rot, have the value of the structure depreciate which can effectively lower the taxes (which, especially in Edgartown are already pretty low) and wait for someone to come along and purchase it...probably as a private residence. This has a negative effect on the town as a whole and the surrounding businesses.
I stand with Tom and Dan. If
Adam Smith EdgartownI stand with Tom and Dan. If the economics of this property were in favor of development, the Hall's would have done it. This will be a local tax payer funded bailout. The winter guy sees the summer guy doing it so he mimics him. Let the building rot until the economics bring in a private source of capital. Any upgrades of commercial buildings in the state of Massachusetts fall under Architectural Access Code 521. Bathrooms, ramps, elevators, etc. All things that aren't cheap to install for a 4 month rental.
Absolute power corrupts absolutely. Little cabals are popping up all over the island. They are running amok because they have been left to police themselves.
Well put Dan
Jack EdgartownWell put Dan
That very economical business
Karen EdgartownThat very economical business spot has been a blight on Main Street for way too long. Shame on the Hall family for not investing in it and the town. By all means, Edgartown should make steps to acquire it and develop it in a positive way. As far as the tree goes...I think if it poses a safety factor, then take it down. If not then the town should be prudent in exactly how much $$$ they invest in a tree.
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