Select Board Questions Guidance On Baptist Church

 HARWICH – The select board will seek legal guidance on its role in assessing proposed designs of a building to replace the West Harwich Baptist Church filed by Davenport Realty Trust, which has a purchase and sale agreement on the historic structure.

The board wants to have a face-to-face meeting with town counsel over language in the request for proposals to purchase the church property, for which Davenport was the only bidder, to understand why the board’s review should supersede that of the historic district and historical commission (HDHC).

“These were terms we did not ask for,” Select Board member Donald Howell said. “This is absolutely cart before the horse. The proper place for this to go is to the historic district and historical commission… We’d be sitting here making it up.” 

Davenport is proposing to demolish the church, built in the 1880s, and replace it with a new structure retaining the architectural and historic features of the exterior of the building. Citing provisions in the RFP and an opinion by town counsel requiring the select board to first review designs should a new structure be proposed on the site, om Dec. 18 the HDHC continued the hearing until Jan. 15. 

Davenport Attorney Jamie Veara said this week that the provision requiring the select board to review the renderings was in the RFP but not the purchase and sales agreement, the operative document signed by the select board.  

There was a show of force from those opposed to the demolition at that  board’s Dec. 30 meeting. Acting board Chair Jeffrey Handler made it clear demolition was not a topic of discussion, emphasizing the board’s task was to determine whether the renderings were a “like kind” to the present structure.

Select Board member Peter Piekarski questioned town counsel’s opinion. The drawings presented would need more details before the board could make an assessment of the proposal, he said.

The church is a tangible link to the community’s shared history, said Linda Cebula, speaking on behalf of the Harwich Historical Society. “Tearing it down would not only erase this legacy, but also diminish the unique character that sets our town apart. Instead of demolition lets further explore adaptive reuse opportunities and breathe new life into this church. By preserving this landmark we honor our past for future generations to enjoy.” 

Planning board chair J. Duncan Berry urged the board to reject the proposed designs, referring to them as “a Harley Davidson in Legos.”

 “This is a bridge too far, very low quality, low resolution. You can ask for much better,” Berry told the board.

Matt Sutphin said Davenport would be looking for every cost savings they can find with the project. Other historic reconstruction projects have not had satisfactory outcomes. “This church will not be the church we’re looking at unless we are hard,” he said. The seller of the church property wants the town to facilitate the deal and that should put the town in the driver’s seat, he said.

 Sally Urbano said if the church is demolished, it will not be recreated. Instead, the result will be a square block with a steeple on top.

 Select Board member Michael MacAskill questioned what the town will do if Davenport walks away from the project. The building is likely to rot away, he said.

“I can almost guarantee they will,” MacAskill said of Davenport walking away should the design be rejected. “There just isn’t anybody else.”

 The town does not own the church, Howell pointed out, and would only own it for 15 to 20 minutes during the deed transfer to clear boundary issues through eminent domain. Both Handler and MacAskill called the documents provided by town counsel “as clear as mud.” Berry called the route the design review has taken to get to the select board “a serpentine corridor of legal curlicues.”

Piekarski said the board needs to send a clear message that the renderings review is in the wrong place. He said he’d like to better understand the transition from the RFP to the purchase and sales agreement and its impacts. He agreed that more sophisticated drawings are needed. 

MacAskill said the town’s legal counsel should come before the board to explain the situation. The board agreed to take no action, emphasizing the need to meet with legal counsel. 

Veara said Davenport company would be ready to go when it appears before the HDHC on Jan. 1