| Newton MA News and Politics BlogLike an ink-resorbing chemical deliberately swiped across an original copy of our Constitution, a piece of Newton’s history has been cavalierly erased. This is not a case of history being re-written. It is a case of history being under-protected, devalued and ignored.

Newton has fewer than two dozen properties that are locally landmarked, a process that entails substantial research for designation based on that research by a body of scholarly historians. Recently, one of those properties with an antique residence constructed in the 1700’s and belonging to an early Newton family that settled here, was destroyed by a contractor. This property was also listed on the National Register of Historic Homes.

Did the contractor do this accidently? Did one of his subs knock it down by mistake? Did the contractor approach the Inspectional Services Department to report that the house had been demolished accidentally, in spite of the Partial Demolition Permit that had been granted to remove only a part of the building to allow for a rear addition? Or did Inspectional Services discover the full demolition when checking on permitted construction progress? Or, did the contractor take a calculated risk and, if so, what are the consequences/punishments that the contractor might endure?

The ordinance that regulates the penalty for this type of behavior is vague and weak.  It allows for a $300/day fine that may be imposed and other possible actions that may be taken against the perpetrator. I want to stress the word may. I would like to know how often fines or punishments are imposed. Do they actually act as a deterrent? A builder who purchases a property for $1,000,000 and builds a residence that he plans to market for $3,000,000 or more can easily absorb a $50,000 fine (approximately @$300/day for 167 days). Where is the City’s transparency on how these fines are applied? How often do contractors go beyond the limits of a partial demolition permit? How can Newton’s remaining landmarked antique residences be preserved from builder disregard of supposed community historic preservation values?

I am personally irked by the builder practice of asking forgiveness rather than permission. The house across the street from mine, while not an antique, was found historically significant and a builder was issued a partial demolition permit several years ago. In spite of the construction limits allowed under that permit, his sub-contractors effectively demolished the entire house, leaving merely a partial wall of the original house. He brought character witnesses to the City to plead that he made a mistake, enabling the community to get a token of leverage to demand recessing of his three-car wide garage by two feet. The neighbors were never made aware of any fines or other sanctions imposed.

The present case in which the current builder illegally demolished the valuable historical antique at 29 Greenwood Street in Oak Hill requires close attention. To prevent further loss of our very few landmarked properties, the heaviest reprimand allowed under the law should be imposed without the political considerations inherent in the use of the word may in the ordinance’s penalty delineation. The fines and actions taken by the City need to be made public and the construction world must hear that the consequences of disregard for the law will be swift and onerous. At minimum, the builder should be fined, forced to rebuild what he destroyed, and then he, or any organization with which he is associated, should be restricted from receiving any building/demolition permits within Newton for at least five years, with notice of such action being made to the public and to our bordering communities.