Town Seeks Legal ‘Off-ramp’ From Church Deal Amid Pressure To Save Historic Structure

WEST HARWICH – The select board is seeking advice from town counsel about ways that it might withdraw from a deal allowing the transfer of the West Harwich Baptist Church to a developer who’s seeking to raze the building and redevelop the property.

The change in position comes amid a surge in public support for saving the historic building.

 In last week’s meeting, select board member Donald Howell said he has had a change of heart and no longer favors the agreement that would allow the Davenport Company to raze the historic church and build a new apartment building incorporating some of the exterior features of the old church. Davenport’s plans came in response to a request for proposals issued by the town.

 While Davenport currently has an executed purchase and sale agreement with the church property, the sale has not yet been finalized. Because of boundary issues relating to the 1.62-acre property, the town had proposed using eminent domain to resolve the issues. To accomplish this, the town would technically take possession of the property for a brief period during the transfer of title between the church owner and Davenport. Initial plans to renovate the church instead of demolishing it were scrapped when Davenport’s engineers opined that the building is structurally unsound.

 Howell said the town’s eminent domain taking would need to accomplish a public purpose, which he said was clearly historic preservation.

 “I cannot see a public purpose if you’re going to create a hole in the ground,” he said. “You’re not preserving anything.” While he said it’s a change from his previous position, “I would oppose anything that allows that building to be leveled, because I think the engineering report — let’s give you the G-rated version — is nonsense,” he said. “You can’t recreate history. You’re either saving it or not saving it.”

 Howell urged the board “to get an off-ramp on this, legally, and see what it would take to unpack this whole thing with Davenport.”

 Board members Peter Piekarski and Julie Kavanagh agreed, and Chair Jeffrey Handler said he would inquire with town counsel. This week, the board held an executive session about the Baptist Church property and Handler confirmed that the board took some undisclosed actions related to those legal inquiries.

 Speaking last week, board member Michael MacAskill reminded the board that Davenport was the only respondent to the town’s request for proposals for the property, which was up for sale for years and has deteriorated. 

 “We have a legal binding document with the Davenport Company,” he said. Workforce housing was also one of the public purposes for the project, he noted. “If the legal team can find a way out of this with no cost to the town, and folks want to save this, then great,” he said. “But hopefully everyone understands that we’re years away from a new deal.”

 Earlier in the meeting, builder John Carey, who is renovating nearby historic properties to create housing, said he has submitted an offer to purchase the church with the goal of restoring it.

 “I think the town meeting vote was pretty clear: The town wants the building saved,” Carey said. He encouraged others to come forward with proposals to save the building as well. “I think it’s time the town steps up and fights to save this building,” he said.

 Pastor Jonathan Cobb confirmed that the church is under a legal contract, but said the church remains the rightful owner. Speaking also as a neighbor to the property, he said, “I think it would be in the town’s best interest to preserve the present building with the clock tower, the stained glass windows and the edifice.” 

 According to testimony at a recent historical commission meeting, the Davenport Company declined to allow access to the church property so that a new engineering survey of the building could be done. But Cobb said he would be able to facilitate that.

 “I have the key to that building and I have access to that,” he said.