TO:                  Mayor William F. Martin, Jr.

                                    And

                        Members of the Lowell City Council

FROM:             Bernard F. Lynch, City Manager

DATE:             April 26, 2007

RE:                   Council Motion of 4/24/07 by Councillor Elliott

“Request the City Manager report on the demolition of the historic fire house on Westford Street.”

I have contacted Steve Stowell, Lowell Historic Board Administrator, regarding the motion mentioned above and he has stated that the former City fire station located at 236 Westford Street, the Queen Anne style brick structure was built ca. 1888-1889 according to the City’s Annual Report by the Superintendent of Public Buildings.  It is not within any of the ten review districts that the Lowell Historic Board has design review, approval, and permitting jurisdiction in.  Nor is it in any National or State Register of Historic Places district or individually listed.

Lt. Jason Strunk had contacted Historic Board Administrator Stephen Stowell on April 17 and Mr. Stowell detailed the various levels of historic designations and the property’s lack of formal designation.  Mr. Stowell also noted that when the new owner/developer was securing the needed signatures for demolition, that he had no alternative but to sign the document as legally he could not do otherwise as the property did not come under the Historic Board’s jurisdiction.  Lt. Strunk recognized and appreciated the fact that Mr. Stowell could not expose the City to liability by refusing to sign-off on the demolition and was relieved that at least no one was attempting to circumvent any processes or procedures.

The property was surveyed as part of the citywide architectural survey completed in 1981 and while not formally designated "historic,” it is indeed "historic" from a community identity, sense of place, and character standpoint.  At the most, it would be determined to be "National Register Eligible" and be protected from adverse federal action with regard to funding, permitting, licensing, and other federal involvement.  Absent local protection though, such as being in one of the Board's ten review districts, an owner can do as he/she wishes with the property provided that no federal assistance is needed.

In addition, where Lt. Strunk has noted that the nearby Branch St. firehouse is already recognized as a historic landmark, please recognize the fact that that building is also not formerly designated "historic" and that it carries the same status as the former station at 236 Westford Street.  The difference is that the Branch Street station, as an active station, was targeted with phased CDBG assistance that restored it in the early 1990s.  Use of that federal money required that any work be consistent with the Secretary of Interior's Standards due to the "National Register Eligible" status of the property.

Finally, the process by which the property could be designated as part of the National and State Registers would take over a year as the property would need to be formally determined eligible for listing on the Registers by the Massachusetts Historical Commission (MHC) followed by a lengthy documentation, research, and submission process.  This process would culminate with a vote recommending listing on the Registers by the MHC that would be forwarded to the National Park Service’s National Register office in Washington for final determination.  Listing would have no effect on the private disposition, use, or alteration of the property unless there was federal or state permitting, funding, or licensing involved which to my knowledge, the proposed project would not be utilizing.

If you have any questions regarding this information, please do not hesitate to contact me.  Thank you.