<p>New benches and bike racks went up on the grounds of the Yellow House in Edgartown’s Thursday morning as new owners — the town of Edgartown —prepared the property for the holiday weekend.</p>
New benches, bike racks, and planters waiting for flowers went up on the grounds of the Yellow House on Edgartown’s Main street Thursday morning as new owners — the town of Edgartown —prepared the property for the Fourth of July weekend.
Town administrator Pamela Dolby looks on as Edgartown selectmen sign documents to acquire Yellow House.
Town administrator Pamela Dolby looks on as Edgartown selectmen sign documents to acquire Yellow House.
On Monday the town formally took the Yellow House by eminent domain, bringing an apparent end to several years of discussion and legal wrangling about the fate of the rundown home.
All three selectmen signed the order of taking, including a $3 million payment to the owners, following a brief executive session Monday with town counsel Ronald H. Rappaport.
“The time has come,” selectman Margaret Serpa said.
The town acquired the deed to the property on Tuesday morning, when the Registry of Deeds opened. By 10 a.m. Walter Morrison was taking down a run-down white picket fence with a chainsaw and Vance Lock and Key was at work changing the locks on the front door. Pieces of the fence surrounded the house as onlookers watched the action and police directed summer traffic on Main street.
Walter Morrison took down picket fence surrounding Yellow House shortly after the town acquired the property.
Walter Morrison took down picket fence surrounding Yellow House shortly after the town acquired the property.
The Yellow House had been owned in trust by the Hall family. Town residents voted at town meeting and town election to either take the home by eminent do
main or purchase the house, with town officials making the case for bringing several years of lawsuits with the family over the property to an end, and fixing up the property in the heart of the village.
The circa-1805 building is one of the oldest downtown, and most recently it was the home of Bickerton and Ripley bookstore. It has been vacant for several years.
Town clerk Wanda Williams affixes town seal on order of taking.
Town clerk Wanda Williams affixes town seal on order of taking.
Late Tuesday afternoon Benjamin L. Hall Jr., one of the owners, told the Gazette that he was shocked and angry by the town’s actions after taking the property. He said his family received no formal notice of that town’s plans and said the town had not followed parts of the state statute regarding eminent domain.
“Somebody went onto the property and cut our fence down and broke into our building,” he said. “You can’t just go onto a property that’s occupied by somebody.” He said the building is not vacant, but is used for storage and houses a small workshop, and likened the town’s actions to a landlord breaking into a property occupied by a tenant.
“I’m rather shocked,” he said, adding later: “We never even had the kindness or courtesy of a phone call to say, we’re taking the property, these are our thoughts and plans, do you have any issues with those.”
Mr. Hall said his family’s attorney has been in contact with Mr. Rappaport, who has said all arrangements are being handled by town administrator Pamela Dolby. “Our attorney was rather disturbed by the suggestion that the town was not willing to abide by the very statutes on which they relied to take the property.”
Town counsel Ronald Rappaport, left, met with selectmen in executive session before public meeting.
Town counsel Ronald Rappaport, left, met with selectmen in executive session before public meeting.
Mr. Rappaport said Wednesday that the town has followed proper legal procedure.
Property owners have three years to appeal an eminent domain taking and can take the town to court to determine whether it paid a fair amount.
The town’s goal is to find a tenant to lease and restore the building and use it as retail space. The town also plans to build a small park and parking lot.
Selectmen said Monday that they would put together a five-member committee to develop a request for proposals from people who are interested in leasing and renovating the Yellow House. The committee would make recommendations to selectmen.
Mrs. Dolby said she would like to award a contract for the house by the fall so work can begin. “So that’s why we should start getting going right away,” she said.
A small parking lot on the property will remain private parking for the summer, as spaces have been paid for through September.
Shortly after the town voted to acquire the property, a lawyer for Mr. Hall Jr. moved to block the property transfer, citing concerns about a personal bankruptcy case involving Mr. Hall. The town sought advice from special counsel, who said the opinion was baseless, and negotiations between the town and the Hall family moved forward.
On Monday the eminent taking earned a round of applause when completed. The documents were was notarized by Mrs. Dolby. Town clerk Wanda Williams affixed the town seal. Mrs. Serpa thanked the town committee that worked on the project, made up of Chris Scott, Gerret Conover and selectman Michael Donaroma.
No members of the Hall family were present at the meeting.
“It feels good,” Mrs. Serpa said after the meeting, noting that hard work had paid off for the town. “It’s bittersweet,” Mr. Donaroma said. “Takings are not fun, but its something we had to do for the community.”
Comments
Let's hope they use the funds
skip OBLet's hope they use the funds on the Island Theater. He wrote tongue in cheek.
Thank you for that belly
Man about townThank you for that belly laugh!
Okay. We are now 3 million in
Mark LucierOkay. We are now 3 million in. To renovate to a public building another 2 million. To tear down and create parking, and another park downtown, maybe 200K. Let us not become landlords of a 5 million dollar property, (that will be taken off the tax rolls), that might get 100,00 per year in rent. I am no Warren Buffet, but...................
Better then Gino buying it
Summary Dink NJBetter then Gino buying it and opening up another tshirt shop.
Alfred Hall was a fine man:
Jane Chittick Edgartown and Washington DCAlfred Hall was a fine man: businessman, citizen of the town, and able to work with people. Glad he's not around today. RIP Alfred.
Wonderful news. We are
Jim and Mike EdgartownWonderful news. We are excited and we need more action like this!
Now on to the Movie Theater
Native, EdgartownNow on to the Movie Theater in OB and then they will be shamed for round number two.. Oh yea they feel no shame!!
Let's hope the town has the
Jess EdgartownLet's hope the town has the good sense to lease the retail area to non- profits only. I am thinking Habitat, the Boys and Girs Club, animal shelter and that sort of thing.
A new fence, some
Ned F. oak bluffsA new fence, some professional landscaping and a paint job would have provided a short term fix costing about $2.65 million less.
And you think it is only
Be realistic Oak BluffsAnd you think it is only going to cost $3 million? Get ready for the 4 year, expensive, legal battle.
Skip: Why the negativity
Josephine Oak BluffsSkip: Why the negativity about the Island Theater here? Once the OB building inspector announced he was leaving, his interference in impeding professionals to engineer plans and contractors to do the work markedly decreased. The Island Theater permit for the stabilization repair work had been applied for BEFORE the Town of Oak Bluffs grandstanded and filed the putative lawsuit AFTER THE HALLS HAD ALREADY COMMITTED TO DO THE JOB. That work is on schedule to be completed in the coming day or so I understand from the workers there. Don't you ever walk downtown? They have been hard at it for weeks and yet the newspapers report NOTHING about it! However, now I'm told the new building inspector(s), wanting to put their stink on that project, actually interfered and chased away painters the Halls' had ready to start on making the front look respectable. They are scrambling to find a licensed and insured painting team to get that done before season gets rolling....but BLAME THE INSPECTORS INTERFERENCE ....AGAIN.... for the condition and look of that building! J
Ummm, too little too late?
EB VHUmmm, too little too late? That's nice and all, but you are in fact, pointing out the obvious: that the Hall's are SCRAMBLING. Do I really need to say this? Had they kept up the theater in the first place.. for all these years..
Josephine-- isn't it
Kevin Boston/EdgJosephine-- isn't it interesting that with the Halls it's always someone else's fault? It couldn't be years and years of neglect? At some point you'll run out of people to blame.
The dog ate my homework. And
skip OBThe dog ate my homework. And water's not wet and gamblers' don't bet and cement's not hard and Crisco's not lard...
Great move by town. This is
Joel KatamaGreat move by town. This is one of the prime corners of downtown. Need vibrancy.
EB: Wow...you too huh? They
Josephine Oak BluffsEB: Wow...you too huh? They are trying to get the place painted and you don't care that this Town's Building Inspector is acting to chase away the painters..... I certainly WANT TO HELP THEM GET IT PAINTED! This newspaper is largely responsible for these mis-impressions of the true facts due to its lack of even handed reporting. This is largely to blame for the vilification of the Halls in respect to the Island Theater where they have been the victim of a death spiral in the movie theater business and a building that was built with materials now considered deficient. You may not know this, but the main genesis of the decline of the Island Theater occurred when the former Town Building Inspector from a few years back ORDERED the Halls to cease and desist from the roof work they were having performed immediately AFTER he had ordered the roof to be opened up for those repairs. As a result of his order, NO ONE COULD GO ONTO THE PROPERTY TO WORK and the roof could NOT even be closed up. The Halls appealed to the state which, with a scathing opinion of the OB Bldg Dept, nearly 5 months later, overturned the decision... AGAIN UNREPORTED! But the months of rains pouring into that building caused the severe deterioration that led to the immediate issues. The roof was repaired by the following year or so ... AGAIN UNREPORTED! So, the structural concerns that involve as we now know only when winds exceed 120 mph (not here since the 1938 hurricane) (and not as implied by this newspaper's reports that the building was in danger of immediate collapse) that the Halls have been undertaking for over a year to get repaired with a reasonable solution were in no small part CAUSED by the Town itself! AGAIN UNREPORTED! Newspapers need villains to sell reports and blogs are a great place to slam folks without fear of retribution...but I feel terrible that these folks are being mistreated by a lynch mob mentality created by our so-called responsible fourth estate.... and these negative comments based on half truths or failure to provide balanced reporting only degrade the character of our entire community... do you think that if ANYONE ELSE owned the Yellow House, that Edgartown would have even suggested it should take the property....
You must be a relative of
deshandra brown edgYou must be a relative of theirs or just arrived here on the last boat. Do yourself a favor. Look up the properties they own. Unless they get a commercial tenant with a triple net lease who is responsible for the premises, without exception, the place becomes an eyesore. Some of the 'gems' they own or used to own= residential dump on Oliver street, VH Rd, Edg estates, closed liquor store on main st...every single one of their properties 'stood out' in the neighborhood. Lets not forget about that junkyard at Hallsgate. Its never ending. They have no one to blame but themselves. Imagine inheriting millions of dollars worth of strategically located prime properties and rather than rent them...the owners let them fall into disrepair. No more excuses.
You got it right...
Another dink West tisburyYou got it right...
Probably not the photo I
Elyse west tisburyProbably not the photo I would have chosen...
I'm curious how the transfer
Inquiring MindI'm curious how the transfer took place without funds actually being paid to the Hall's.
I suspect the funds are being
Neil Off IslandI suspect the funds are being held in escrow, possibly a result of the Hall's filed bankruptcy.
Chain saw operator Without
Lost PoetChain saw operator Without safety pants, eye protection, hearing protection! OSHA where are you?
Dramatic photo for a dramatic situation
I remember the weaving studio/shop on the first floor of the house. I look forward to the house being a restored Gem that will be a Jewel on Main Street.
I think they should let
James Pi3 Edg/New HavenI think they should let someone open a nice restaurant and raw bar there.
I heard great news that The
Joel Klein EdgartownI heard great news that The Atlantic will be using the space to handle the overflow. Finally a good idea.
Great News!! We need the
Lewis NYGreat News!! We need the parking! I hate waiting for the valet...
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