Edgartown officials have halted construction on a North Water street home after discovering the building had been demolished far beyond what the historic district commission had approved.
Edgartown officials have halted construction on a North Water street home after discovering the building had been demolished far beyond what the historic district commission had approved.
Building inspector Reade Milne issued a cease and desist on the property at 114 North Water street after noticing its roof had been demolished. The project had originally been approved for a 2 per cent demolition over two years ago.
“It’s not a lot of demolition,” Ms. Milne said of the approved build. “They took more and more away from it . . . it just got to a point where I realized I needed to take action.”
Ms. Milne issued the cease and desist on August 30, nearly a week after the roof had been removed. A historic district commission meeting will be scheduled later this fall to discuss how the project can move forward, though the exact date hasn’t been set. Until then, all work on the house has been stopped.
Owners Michael and Rebecca Hegarty applied this spring for a 32 per cent demolition, mainly in the rear of the building. The commission had rejected the rear demolition in May but approved the home be lifted during construction.
In an interview with the Gazette, Mr. Hegarty said structural engineers had determined that much of the house had become too neglected to save. The roof in particular was not up to modern building codes, leading Mr. Hegarty to believe he was within his right to rebuild it.
“I thought it was disappointing how much of the house could not be saved,” Mr. Hegarty said. “I thought we were in agreement about that.”
Mr. Hegarty maintained that to his knowledge, all work done on the building had been within what was permitted in the May historic district meeting.
“I thought I did it to approval,” Mr. Hegarty said. “I guess we had a different understanding or what we were discussing and what was approved.”
Lifts like the one at the North Water street home have become a particular area of concern for the commission, Ms. Milne said, as there have been multiple instances of historic buildings needing to be demolished and rebuilt after being lifted.
“[The historic district commission] took great care to ensure that wasn’t going to happen with this one,” Ms. Milne said.
A permitting breach of this kind has never happened before in Edgartown, Ms. Milne said, although she noted that Tisbury has dealt with a similar issue. The incident comes during what Ms. Milne called an “unprecedented” wave of new construction in Edgartown. Although 2022 saw fewer building permits issued than 2021, it was still the second busiest year in town’s history. As applications increase, so have requests to lift buildings to redo their foundations, Ms. Milne said.
“People want livable basement space,” Ms. Milne said. “They’re not content to live in little old houses anymore...they want newer, bigger, shinier.”
“But also, an old foundation is an old foundation,” she added.
As the historic district commission continues to adapt to shifting building norms, Ms. Milne hopes that this instance can serve as a cautionary tale for permitting officials and applicants alike.
“This is a lesson in policy, in what to approve, and how to make sure this won’t happen again,” she said.

Comments
I applaud Reade Milne for her
Tom Engley West TisburyI applaud Reade Milne for her courage. What an insulting excuse these people have contrived. Michael and Rebecca Hegarty shame on you. We really don’t want people like you two dictating what you thought you were doing was right.
"I thought," I thought,"
D Hodsdon VH"I thought," I thought," Doesn't cut it.
If you can afford to buy and renovate on North Water St, then that means you most likely have business smarts.
Read the contract between the Historical board and homeowner. Also none of the Historical homes come up to today's building codes that's why there is retrofitting.
Not to belabor the point, the island historical boards should come together and strategize about these types of issues.
It has become clear that
tom BostonIt has become clear that doing more than your are permitted to is a tried and true strategy. Get what you want and just deal with the blowback. I read about this over and over again.
The approval in May by HDC
John Brittain EdgartownThe approval in May by HDC was very explicit on what was approved, and what was not approved, for demolition - no grey area and Owner intentionally and willfully violated his permit with work he has done including removing the front facade of the house. Town of Edgartown has to stand firm on this one.
Suggested recourse could include; six figure fine, require relift, new foundation for return to original foundation lines (house was widened) and require old period wood be sourced for new front facade.
This property is a Patrick Ahearn cookie cutter designed, high end Edgartown house which is listed as new construction for sale at $20 million. No regard for historic property. So much for Mr. Ahearn’s saying that his architecture is for “reimagining history” versus preserving it.
I have disagree. Patrick is
Joel EdgartownI have disagree. Patrick is amazing! To call Patrick out on this is unfair. He has nothing to do with this…
Unfortunately at these prices
Peter EdgartownUnfortunately at these prices levels fines for violating building permits and commission agreements are seen by too many new owners as just one of a number of costs of site prep that their budget will allow, not as a deterrent to proceeding with their dream house. Houses built closer to the water than permitted, larger, or as in this case tearing more down the agreement allowed. The fines mean nothing. One way to stop this is to deny an occupancy permit for the finished house. It then cannot be mortgaged, or insured. Fines will never be enough.
I had a feeling this was
MarkI had a feeling this was going to happen. Walked by that house a couple weeks ago and there was almost nothing left to the original structure. I remember being surprised that they were being allowed to get away with it. That being said...what was being torn out looked so far gone it looked like sawdust. The original structure was in really bad shape. So im not sure there was much of a choice
Who is contractor and who is
Michael Hirschfeld EdgartownWho is contractor and who is the architect on this project? Surely Mr. and Mrs. Hegarty are not supervising the construction. There are licensed professionals involved in this project, and they are undoubtedly earning big fees. The primary responsibility for compliance with Historic District Commission approvals or seeking permission to vary from what has been allowed is with these professionals. As the volume of construction has increased, this sort of non-compliance has increased as well. The Town should consider heavy financial and licensing penalties to bring the situation under control. Anything less will just be a painless, minor item on the contractor or architect's bill.
The Owner is the contractor !
John Brittain EdgartownThe Owner is the contractor ! And he submitted and got HDC approval - application and approval very explicit on permitted and not permitted demolition. Nothing ambiguous
I have seen this game before…
Lisa EdgartownI have seen this game before…. Now the owner hires an attorney and island architect and it all goes away…. Same old story….
Lisa, I couldn’t agree more.
Jim EdgartownLisa, I couldn’t agree more. It’s a big joke.
Even though it could become
JJ Klingensmith Southwest FloridaEven though it could become an eyesore for the town hold it up in litigation for 5 years and see if they try pulling this stunt again. Dollars lost!
Thank you Reade Milne. Don't
Kathryn Muir EdgartownThank you Reade Milne. Don't let them weasel out of this.
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