There was no update, but several citizen queries. When specific incidents of deterioration were raised, the Town Manager (TM) asserted there was nothing the Town could do to stop the deterioration of the building since it was private property. It seemed like all the Town could do is put a BIG RED X on the door. More on this soon.
To take the broader view, the Town via the Board of Selectman (BOS) is the Grantor of a Deed with restrictions, these restrictions which have been summarily dismissed for 6 years by the Grantee of the Deed, Mr. Hanney of the North Shore Music Theater (who also carries a $4,000,000 [yes, million!] mortgage citing the Old Town Hall as collateral).
Surely the Town can act against this violation of the Deed just as any Grantor could act against a violation of a Deed by any Grantee? Surely there is recourse, or Deeds would be no better than handshakes. Is this the case? Let's hear from a few legal eagles, what are the options, here?
When asked to define their role and responsibilities in this matter, the Board of Selectman (BOS) explained the basic history of the situation and noted that the decision to pursue the current goal of a theater was the decision of an earlier BOS - that is accurate but does not answer the question, nor does it give other BOS's permission to ignore (FOR 8 YEARS!) the actions of their predecessors. Note that this project was ultimately approved at Town Meeting by the people of Ipswich, who authorized the BOS to act on their behalf. Unfortunately, none of the BOS's - since the decision was first made to head in this direction back in 2004 - have produced any positive results.
In any event, every elected official must support prior Articles that passed Town Meeting; in this case it is what the people want, not what the BOS want. The BOS were authorized to correctly implement Articles, not ignore them.
After a bit more exposition, the BOS noted that they were looking into the legal options - I asked if they were considering non-legal options as well and they said "yes".
SO IF YOU WANT TO BE HEARD, NOW IS A VERY GOOD TIME!
In a nutshell, what the various Boards of Selectmen have done over the 8 years is three-fold:
- sold the building to Mr. Hanney with restrictions that he use it as he agreed, as a theater and shops;
- supported and later authorized the Ipswich Playhouse Society to purchase the building with raised funds and restrictions that they use it as a theater and shops;
- conducted occasional and relatively informal discussions with these two parties, including rather scant exchanges of information.
Neither official agreement nor informal communication has performed.
Unfortunately, we the people have done no better. Instead, we have sat by while these two utterly ineffective agreements drone on; let several BOS's ignore the Gordian knot of problems associated with the project; watched the building deteriorate literally before our eyes; allowed the property asset to benefit the owner as collateral while he dismisses his promises and chooses not to comply with the restrictions in the Deed with no benefit whatsoever to the Town.
Again:
IF YOU WANT TO BE HEARD, NOW IS A VERY GOOD TIME!
3 comments:
I spoke with one of the selectmen this morning. The issue about the deed restriction is that it says that the building must be used as a theatre for 5 years. BUT the clock on those 5 years does not start ticking until it has BEGUN being used as a theatre. So the clock has not started yet, nor is it likely to.
The previous comment was from Kristina Brendel. Her name had been coming up "Unknown". This happens when anyone logs on to the BLOG without entering an email address and a user name. Kristina told me she would prefer to have her name show, and it will in all her future comments and posts!
Kristina, interesting & important point for sure. The Deed link is on the BLOG, but meanwhile here is the relevant wording on the Deed, you decide what it means!
"The Premises is conveyed subject to the following restrictions:
1. The ground floor of the building on the Premises shall be used for commercial purposes as retail/service establishments for a minimum of five (5) years from the date hereof, unless the Grantor releases the restriction and records said release at the Essex South District Registry of Deeds;
2. The Grantee shall initially use the Premises for a theater up to 450 seats suitable for film, musical and/or live productions and in a manner consistent with the following uses: a coffeehouse, a bookstore and other retail/service establishments..."
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