Legal Opinion Blocks Baptist Church Demolition Hearing

 HARWICH – An opinion by the town’s attorney cut short a hearing on the proposed demolition of the West Harwich Baptist Church last week. 

 Davenport Realty Trust, the company that is redeveloping the church into housing, must submit plans for a new structure to the select board before going through the regulatory process to demolish the historic building, according to Select Board Vice Chair Jeffrey Handler.

 He said that according to town counsel’s opinion, the request for proposals for purchase of the church required that if a new structure is planned for the property, plans must be submitted to the select board showing what the new structure would look like.

“What would be put back in place needs to come to us prior to going to the historical commission,” Handler said. “The public is very passionate about this project.” The board needs to see what will replace the existing building, he said, adding that the facade has to be preserved.

The select board will meet on Monday, Dec. 30 at 6 p.m. to discuss the renderings presented by Davenport, said Handler. The board will not be discussing the demolition of the church structure, however, because that decision is not within the board’s purview. That’s a decision for the historic district and historical commission (HDHC), said Handler.

The commission opened up a hearing on the demolition proposal Dec. 18 but continued it without discussion because of town counsel’s opinion.

Historic District and Historical Commission Chair Mary Maslowski announced at the beginning of the hearing that an opinion from town counsel indicated the hearing was “prematurely” before the commission. Maslowski said she had limited information on the nature of the opinion at that time, as she had just learned about it. 

Jamie Veara, an attorney and applicant for Davenport Realty Trust, agreed to a continuance, and the commission set a date for the hearing on Wednesday, Jan. 15 at 6 p.m.

Handler said he was under the impression that Maslowski had asked for the opinion. Handler said he reached out to town counsel two-and-a-half weeks ago and did not receive the opinion until the afternoon of the HDHC meeting.

Veara said he learned on Dec. 20 of the select board’s plan to review the project renderings and did not agree that that was necessary. He said there was such language in the request for proposals, but that the provision was not in the purchase and sale agreement.  

Because the renderings of a new structure were included in the purchase and sales agreement, which the select board had already signed, it could be argued the board has already approved the plans, said Veara. He did not see any complications moving forward. Davenport would be ready to present the proposal for demolition to the commission in the Jan. 15 hearing, he said.

 The notice of intent filed with the HDHC detailed plans to demolish the entire structure, including the clock tower and steeple. The building is structurally unsound, unsafe, and a public safety hazard, according to the application. When rebuilt, the apartment building will replicate the historical exterior features of the church, according to the application. 

 Davenport is planning to build between 10 and 13 market rate rental units in the new structure, with unit sizes ranging from 600 to 800 square feet. The South Yarmouth developer committed to retain the architectural, historic and cultural significance of the exterior of the church, which was built in the 1880s.