On May 27th, the Newton Historical Commission discussed 29 Greenwood Street in Oak Hill, the nationally and locally landmarked eighteenth century home that was demolished by a developer. The discussion was open for public comment and about twenty members of the public spoke, revealing anger and sadness that this piece of Newton’s history has been illegally obliterated. Members of the Commission challenged the explanations given by the developer’s Counsel and the sense of the Commission was that the developer needed to be fined the maximum financial penalty allowed by State regulations ($300/day from April 27, 2021, until rectified) and further punished for his misdeeds. The Commission voted to keep in place the “Stop Work Order” that had been imposed on April 27, 2021. They also voted to allow the developer to protect the remaining pieces of the original structure with tarpaulins. Many of the removed pieces had already been carted away in dumpsters and no inventory or cataloging of removed objects had been done. The Commission determined that allowing the developer onsite would require a member of the City Staff or a member of the Historical Commission to witness that activity. They then responded to the developer’s Counsel’s request to allow the developer to bring a plan for replacing the structure to the Commission with their own decision that the Commission would meet with the Law Department in Executive Session to present their own mitigation plan to the developer.

Where does this leave Newton and what are the penalty arrows in the Commission’s quiver? Under the present regulations, state law allows a maximum $300/day fine. N.B.: Clearly that decades-old maximum fine needs to be adjusted to the vicinity of $1,000/day with a COLA clause. If it doesn’t hurt, it won’t be effective as a deterrent to undesired, illegal behavior. Since this developer spent $1,150,000 for the property and advertised its sale at $4,200,000, a $50,000 fine would be pocket change to him (Example: 165 days at $300/day is $49,500). But that cannot be changed for the present case.

The Commission will need to be advised by the Law Department as to what remedies it can impose under the present regulations. They can take it to the Courts to pursue a determination for equitable mitigation. Perhaps the developer can be banned from further work in Newton. Perhaps the property can be confiscated from the developer and entered into a conservatorship to replace the structure with proper architectural detail and then opened for public display.  

But, as a murder victim’s family can never receive the justice of resurrection, so Newton has suffered the irreplaceable loss of the second oldest piece of its history. There seems to be no readily available playbook for this tragedy.

(To be continued when the penalties are applied. While the development community will be watching this closely, Newton residents should be aware of and demand the resolve of the City to protect its history from this egregious type of behavior.)