Be still my heart! A "Preservation Restriction Agreement"

Excitement abounds, at a snail's pace. But given that all the enthusiasm for this Old Town Hall issue has arisen over the holidays, I am encouraged! Let me review all the news as of January 8, 2013:

1. Hurrah, the Town Manager's office propelled by the Board of Selectman (BOS)  is allowing me to see the public files related to the Old Town Hall this week, as the files have finally been returned from the Town Attorney. Of particular interest is what, if any, documentation exists enabling the two or three  groups who appear to be trying for up to 8 years to buy the building (unsuccessfully), Tom Mayo Associates, the Ipswich Playhouse Society, and new-comer TerraBlu Teams (who do not have a waiver).

2. For starters, according to the minutes from a recent Board of Selectman meeting, I was led to believe that the Town has not renewed the dormant liquor license for the Old Town Hall that was granted to Mr. Mayo over the last several years. The wording was a bit unclear.

3. Now let's wade into the heavy stuff... I will be looking for several bits of documentation when I get to look at the public files later this week. In order for any third party entity to try to buy the building from Mr. Hanney, the Deed requires that the Town must provide a waiver of 1st right of refusal to the new buyer, thereby approving the new buyer's intentions for intended use of the building and indicating that the Town does not plan to negotiate to buy the building back, in lieu of the new buyer's plan.

This waiver to Mr. Mayo and the Ipswich Playhouse Society was given at a BOS meeting in May of 2010, and the BOS notes clearly state that the right comes back to the Town if the deal falls through, as it has several times. The Town has too patiently backed a loosing proposition for 8 years.

5. Two Historical Commission representatives stepped up at the 12/17/12 BOS meeting - citizen's queries - and asserted to the BOS that they are authorized under a Preservation Restriction Agreement approved by the owner (Mr. Hanney) as well as the Massachusetts State Historical Commission under the appropriate laws, to monitor and enforce and compel various aspects of the care and repair of the Old Town Hall, and further noted that they intended to contact Hanney to execute those purposes. The Agreement stipulates that the Commission can compel action and place a lien on the property. Thank goodness, and it's about time, I say! The Town Manager was instructed to get it to the Town Counsel. The Historical Commission seems intent on enforcing it, regardless of the Town Attorney opinion.

The BOS indicated that they were unsatisfied about the disposition of the Old Town Hall and not optimistic about the existing proposals and efforts to make use of the building, and that they were always open to a better idea.

As a result of a recent opinion from Town Counsel, after reviewing all the on-file records for options, the BOS sent a letter to Mr. Hanney inferring future unfavorable action, should Mr. Hanney not act in accordance with the original intent in the Deed.

6. The full 13 page deed-related documents including the Preservation Restriction Agreement is available via the Historical Commission's website: (http://www.historicipswich.org/). The link below will take you directly to the details that are on file at the Massachusetts Registry of Deeds Book 26180 Page 575.

https://dl.dropbox.com/u/25986624/Documents/covenants/30_S_Main_Preservation_Restriction.pdf  It is a very comprehensive document.


7. In the meeting minutes, it is noted that the Commission representatives also reported that they had heard the Town was considering making that location into a public safety facility (I did not hear this in the replay... ) and that the Commission voted to oppose any related efforts to demolish the building (I did hear that!).

8. Based on the information included on the Historical Commission's website, it appears that they might be thinking that the old proposal of the virtually defunct Ipswich Playhouse Society is still a contender. The website is at http://www.historicipswich.org/ and the relevant page on the website is http://www.historicipswich.org/old-town-hall/ I believe it is high-time for new ideas and approaches to making this fine old building into an entertainment and cultural center, or at least preserving it and using it for something else we can be proud of.