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ltr to CPC and HC. 6.23.22.pdfDeborah M. Henson 118 Franklin Street Northampton, MA 01060 deb@deborahmhenson.com 504.232.8884 June 23, 2022 To: Community Preservation Committee Cc: Historical Commission From: Deborah Henson I was thrilled to see the front-page article in today’s paper about the successful rescue of the hawk that got trapped in the SJCC bell tower. Also, I was pleased that the rescuers mentioned that the bell tower itself was in basically sound condition. That article spurred me to write this letter to address some individuals’ concerns over the current plan for SJCC: demolition or repurposing. The current owner of SJCC, O’Connell Development Group (ODG) has sought funding from the Community Preservation Committee (CPC) in the amount of $500,000 in CPA funds to weather tighten the exterior of the building, thereby making the construction project for multi-family rentals more achievable. Some individuals have expressed concern that the award of CPA funds to a private entity is not in keeping with the Act’s mandate. In fact, that assertion is simply not accurate, and I am hoping to shed some light on this issue before the CPC must vote on ODG’s request later this summer. State Law Supports This Use of CPA Funds: Massachusetts General Laws Title VII, Chapter 44B provides in Section 5(b)(2) the following instructions for CPA funding: (2) The community preservation committee shall make recommendations to the legislative body for the acquisition, creation, and preservation of open space; for the acquisition, preservation, rehabilitation, and restoration of historic resources; . . . . Local Law Supports This Use of CPA Funds: On our City’s website, the Act is explained as: “The Community Preservation Act (CPA) allows communities to create a local Community Preservation Fund to raise money through a surcharge of up to three percent of the real estate tax levy on real property for open space protection, historic preservation and the provision of affordable housing. The act also created a state matching fund to supplement local revenues collected.” St. John Cantius Church was about to face the wrecking ball in April 2020 and throughout last year, but ODG has now agreed to attempt repurposing the building into rental units. Unfortunately, no public access to the private apartments is planned. But the existence and inspiration of the building and its hawk-trapping bell tower will remain for all to enjoy; it can be seen even as far as downtown!! As Martha Lyon, Chair of the Historical Commission and designee from that group to CPC, wrote to the Chair of CBAC on April 21, 2021 when SJCC was initially facing demolition: This property is both an architectural landmark and century-old social gathering spot for Northampton’s Polish immigrant community. As part of the Pomeroy Terrace National Register District, the church is associated with the broad architectural, cultural, and social history of Northampton, and represents the impact of changes in immigration on its neighborhood and on the city as a whole. Towards the end of the 19th century, the Polish immigrant population in the Ward 3 neighborhood increased, and by 1904 had reached a level that warranted a separate Catholic parish. The construction of the St. John Cantius Polish Catholic Church followed in 1912. Designed by John Donohue, a Massachusetts architect who acted as the Catholic diocese’s in-house architect, the brick church with limestone trim is in the form of a late-medieval Italian basilica with a campanile, or bell tower, at its southwest corner. It is not only significant to Northampton’s architectural history, but also has served as a symbol of the City’s ethnic heritage. The fact that SJCC’s bell tower can be seen from downtown adds to the importance of the structure. The city benefits from having the building remain standing; the value of preserving historic resources is codified in the Community Preservation Act. The Polish community benefits, as many who have written in support of our efforts to prevent the demolition of SJCC have emphasized. In fact, the entire Valley benefits by keeping an architectural treasure standing in our city. The City’s 2022 Community Preservation Plan Supports This Use of CPA Funding: The city’s recently revised (January 2022) Community Preservation Plan. p.23 states: “CPA funds could be a prospective source of funds to provide real incentives that result in meaningful alternatives to demolition.” Use of CPA Funds for SJCC’s Exterior Constitutes a Preservation Easement: Technically, if ODG received the requested CPA money for SJCC’s exterior, that would be buying a preservation easement on the SJCC's exterior that would ensure the building’s exterior cannot be modified/demolished. The Community Preservation Plan, p.23 explains: For private property owners looking to permanently protect their historic properties, one of the most effective legal tools available is a preservation restriction – a private legal interest conveyed by a property owner to a preservation organization or to a government entity. A preservation restriction is one way to use CPA funds to protect the historic character of privately owned property that has been determined to be significant in the history, archaeology, architecture, or culture of the City. Preservation Restrictions are often made a condition of CPA funding to safeguard expenditures of CPA funds and provide an additional level of protection for historic resources in the future. . . . A property owner’s use of funds provided through acquisition of a restriction should be utilized for critical building work and should be detailed in the application. This easement would protect the exterior for decades to come and, most importantly, since the exterior cannot be demolished or modified (in contravention of state historic standards), the building itself no longer would be subject to demolition. The city’s CPP further explains: Finally, age, deterioration, neglect, and misuse threaten historic properties in Northampton. The Northampton Historical Commission, in reviewing properties applying for demolition permits, has been told that a particular historic property is simply “beyond repair” and must be torn down. In some cases, a property may indeed be in serious jeopardy, but often the Commission requests more information and encourages renovation. The jurisdiction of the Demolition Review Ordinance, however, allows for a maximum demolition delay period of just one year. The Community Preservation Act and the city’s own Community Preservation Plan (CPP) supports – or even requires? – the award of CPA funds for weather-tightening the exterior of SJCC. I say “requires” because of the Plan’s guidance itself, and we know that the Historical Commission did not have jurisdiction over SJCC, but rather CBAC that provided for no review, 12-month or other, before granting demolition – despite the undisputed fact that SJCC is a Landmark Historic Building, which purportedly should give it heightened review, but that’s water under the bridge. Use of CPA Funds for SJCC’s Exterior is an Incredible Public Benefit: Some opponents of the use of CPA funds for a privately-owned building argue that there is no benefit to the public because of that lack of access to SJCC’s interior. I see that argument as misguided, too narrowly focused. The benefit that I have advocated for in keeping SJCC standing over these last couple years is simply the building itself. Yes, I would love a different iteration of the repurposing, such as our historic preservationist expert’s team produced: artist live-work condos with a central gallery for exhibit space and limited public access. I envision an Arts Corridor all the way down Hawley Street to Holyoke . . . . but such is the stuff of dreams. One day perhaps. For now, I am thankful that ODG has seen fit to attempt repurposing this building. It is not an easy task for various reasons, as I learned from our expert’s team: engineer, architect, mason, contractor, etc. That is also the primary reason that ODG is seeking CPA funds to weatherproof the exterior: to help finance a not-so-lucrative project and one that ODG believes is the less desirable option. Demolishing/replacing SJCC with 5 more condos was their preference and is still on the table (CBAC application for demolition has not been withdrawn, but rather continued until the outcome of the CPC decision for CPA funding). I urge all of you who want to see this building preserved to vote to grant the CPA funds requested by ODG to allow SJCC to remain standing in our community. Sincerely, Deb Henson 118 Franklin Street ____________________ Deb Henson is the former owner of 83 Pomeroy Terrace, Northampton built in 1868 (a/k/a The Pomeroy Inn B & B – sold recently as a COVID casualty) located around the corner from SJCC. Her adult home of New Orleans for 40 years has influenced her love of architecture and commitment to preservation of our diverse history. She is the former President of Ward 3 Neighborhood Association, and a mental health defense lawyer/LCSW (LA) who consults with and defends mental health professionals in Colorado and Louisiana. Although not a native, Deb loves Northampton and wants it to remain historically rich and culturally diverse. She can be reached at deb@deborahmhenson.com .