The Newton Historical Commission (NHC) met — for the fourth time — to review remediation plans for the Gershom Hyde House, located at 29 Greenwood Street, regarding the developer/owner’s April 2021 unauthorized demolition of the house, which had been designated as a local landmark — one of 30 landmarked properties designated by the City of Newton. Two Stop Work Orders had been issued for this site by the Commissioner of Inspectional Services — on February 11, 2021 and April 30, 2021.
Since then, the developer/owner’s representatives have met with NHC three times in 2021 to request a review of the violation and for feedback on their remediation plan:
- In May, 2021, NHC found that the work was in violation of the Certificate of Appropriateness and that the April 30 Stop Work Order would remain in effect, and it authorized fines on the owner to begin on the day that Stop Work Order was imposed.
- In August, the developer/owner’s representatives again requested a review of their proposed plans to remediate the violation. No vote was taken, since the Assistant City Solicitor and the developer/owner’s attorney agreed that no action was requested.
- In October, NHC found the remediation plan inadequate and rejected the proposal.
On Tuesday, the NHC heard a request to review the developer/owner’s proposed remediation plan. This process has been the subject of debate:
- The City contends that the NHC has the authority to accept or reject proposed reconstruction plans and to determine whether or not a proposed plan remediates a violation.
- However, some residents and attorneys argue that NHC has no authority to accept or reject a proposed reconstruction or remediation plan. They claim that Newton’s local landmark ordinance (specifically Section 22-72) provides that only the Middlesex County Superior Court has the authority to “order ….the substantial restoration of any building, structure, exterior architectural feature or landscape of a landmark altered or demolished in violation [of the local landmark ordinance], and may issue such other orders for relief as may be equitable.”
In its Tuesday meeting, the NHC voted unanimously to deny the petition, and the petitioner has 20 days to appeal the decision.
