Verbal collisions continue between the Roman Catholic Diocese of Springfield and the city of Holyoke: Holyoke Building Commission Damian J. Cote has issued a notification of violations regarding hazardous condition at a former parish at 94 Ely St. to the Roman Catholic Diocese of Springfield, which said it alerted the city about the hall's problems in November.
HOLYOKE -- The building commissioner has issued a notification of violations to the Roman Catholic Diocese of Springfield and ordered that it remove, repair or make safe a former church hall at 94 Ely St. that he said is hazardous.
Diocese spokesman Mark E. Dupont responded by saying that Building Commissioner Damian J. Cote was being disingenuous since the Diocese requested permission from the city to take action on the building in November. Cote was getting to the hall only now after criticism for failing to grant the Diocese's request for an emergency permit to demolish the closed Mater Dolorosa Church at Maple and Lyman streets, he said.
This post also includes below:
texts of statements from Cote and Dupont;
Cote's March 20 notification of violations regarding 94 Ely St.;
the Diocese's March 17 denial of a city request for access to Mater Dolorosa Church to examine the accumulation of pigeon droppings to gauge the public safety danger;
the Diocese's appeal upon not receiving a requested emergency demolition permit to take down Mater Dolorosa Church.
Salvos between Dupont and Cote continued Monday. Dupont said: Diocese consultants made clear to Cote at a Jan. 26 meeting the need in terms of public safety to take down 94 Ely St., along with the need to raze Mater Dolorosa Church; Cote denied a request to install safety fencing around 94 Ely St.; the Diocese was prevented from removing hazardous materials, primarily asbestos, from 94 Ely St. due to Cote's referral of the demolition permit request to the Holyoke Historical Commission for review instead of granting the permit.
Cote replied to Dupont's statement on Monday by saying that, having not heard from the Diocese regarding a notice of violations he issued about 94 Ely St. on March 20, a survey board consisting of the fire chief, city engineer and "one disinterested party" has been scheduled to inspect 94 Ely St. at 10 a.m. Thursday. That information was included in an email Cote sent Monday to Diocese lawyer Robert Quinn. The survey board also is scheduled to inspect Mater Dolorosa Church, but it was unclear if that inspection also would happen on Thursday. The city has fined the Diocese $300 regarding conditions at 94 Ely St. Lastly, Cote said it is the city engineer or the Planning Board who can grant permits for fencing and not the building commissioner, despite Dupont's assertions.
"Reprehensible" neglect of property to the point of endangering children or "overzealous" targeting of the Catholic community make up the latest verbal dispute between the city and the Diocese, this time over the former Immaculate Conception Social Hall at 94 Ely St.
Unsafe conditions at the site include roof damage from fallen trees leading to water infiltration, broken glass, the hazardous material of asbestos siding strewn on the lot and damaged brick masonry, Cote said in an email to Diocese lawyer Robert Quinn and in the notification of violations.
"It is reprehensible that the owner of the property allowed this building to become and continues to ignore such a threat to public safety. It is not only a physical danger to life and limb it is further a clear and known public safety hazard by way of the damaged exterior asbestos siding, lead paint, and other toxic materials that were found to be all over the lot and neighborhood," Cote said.
When Diocese consultants visited Cote's office Jan. 26, their focus was on the need to demolish the 116-year-old Mater Dolorosa Church, he said. They said the hazard was so great, with pieces breaking off the steeple and falling to the ground, that they wanted the city to issue an emergency demolition permit.
But Cote disagreed that the church posed an imminent danger and referred the matter to the Holyoke Historical Commission. As part of its review, the commission is conducting a public hearing that began March 7 with four hours of testimony and is scheduled to resume at 6:30 p.m. on Wednesday in the City Hall auditorium.
Diocese consultants at the Jan. 26 meeting didn't emphasize that 94 Ely St. needed attention, Cote said.
"Based on this I was not left with the impression that this structure was an issue to the level that it was found to be. It was not until reports of the condition of the building from the public came in that I was made aware of the situation," Cote said.
The structure at 94 Ely St. is a dormitory style building built of brick about 1916. It sits on less than acre and the property is valued at $545,300, according to city records.
But the Diocese alerted Cote about the "rapidly deteriorating conditions" at 94 Ely St. and the need to begin demolition in November, Dupont said.
"It's increasingly clear that in exchange for making the tough but necessary public safety decision to seek demolition of a building, the Catholic community has now been singled out and targeted by Holyoke city officials with overzealous, and in some instances unsupported by city ordinance, enforcement activity," Dupont said.
"Cote had and continues to have the authority to override the 'demo delay' ordinance and issue an emergency demolition permit, so virtually all of his statements in his email to you are inaccurate, make no sense and indeed are disingenuous," Dupont said.
The appeals process constitutes another issue, Dupont said. The notice of violations that Cote issued on March 20 notes that decisions about zoning ordinances can be brought to the Holyoke Board of Appeals. Building code decisions can be appealed to the board of building regulations and standards.
The city has a Board of Appeals. But a local building code appeals board is optional under state law and in such cases, such appeals are referred to the state building code appeals board, Assistant City Solicitor Sara J. Carroll said.
"Again, I want to point out optional is nowhere mentioned in the notice (regarding notification of violations)," Dupont said. "Which is then misleading."
Statement to The Republican on Monday, March 27, 2017 from Mark E. Dupont, spokesman for the Roman Catholic Diocese of Springfield:
Having now had the benefit of speaking with those in direct contact with Mr. Cote I want to double down on my Thursday evening response and subsequent information I provided Friday.
I feel it important to again assert the facts in the face of Mr Cote's clearly egregious misrepresentation.
First, Cote's email to you does not accurately report what was communicated to him by Bob Kirchherr and Bernie Hunt at their 1/26/17 meeting, where Bob and Bernie clearly made him aware of dangerous conditions at the IC Center and requested an emergency demo permit for that building (as well as for the MD Church) and permission to erect an 8 foot safety/construction fence. Cote refused to issue the requested demo permit for the Social Center or allow the fence, instead sending on 1/30/17 the demo application to the Historical Commission for its review, and prohibiting the Diocese from conducting any abatement of hazardous materials (primarily asbestos) or shutting off utilities until a demo permit had been obtained (which could take 6 months if the Commission imposes the demo delay).
AGAIN Cote did this without inspecting the interior of the IC Social Center. He only requested such an inspection in his 3/13/17 email(previously provided), more than 6 weeks after he was informed of the safety hazards, and after he had referred the demo application to the Commission, instead of using his authority to avoid the demo delay ordinance due to public safety and allow immediate commencement of demolition.
What is most egregious about Cote's email to you is the final paragraph, where Cote neglects to inform you that
(i) Cote stopped the demolition in January by referring the matter to the Commission;
(ii) Cote prevented us from submitting a "complete demolition permit application" by forbidding us from abating hazardous materials and cutting off utilities until a demo permit issues (i.e., after Commission review, and potentially after a 6 month delay);
(iii) Cote refused to allow us to put up an 8 foot safety/construction fence to keep the public away from the building, and
(iv) Cote had and continues to have the authority to override the demo delay ordinance and issue an emergency demolition permit, so virtually all of his statements in his email to you are inaccurate, make no sense, and indeed are disingenuous.
Finally you will note his most recent order, although dated March 20 and conveniently provided to you last week only just arrived in today's mail. Curious in that we also received correspondence from another Holyoke city hall department dated Friday also arrived today so he apparently didn't mail this notice March 20. And yet again this notice refers to the city appeal board which the city solicitor concurs is invalidly constituted.
In short Cote wants to fine us for buildings being in disrepair that he himself is standing in the way of resolving.
Response from Holyoke Building Commissioner Damian J. Cote to the March 27 statement from Diocese spokesman Mark E. Dupont:
Being as we have not heard from the owner of the property the survey board has been ordered for 94 Ely Street. In terms of the fencing it was made load and clear what the necessary steps were to legally install a fence in the City of Holyoke. It has been confirmed by various City officials that to this day they have yet to apply to the City Engineer or the Planning Board for such fencing. No matter how many times Mr Dupont tells anyone it is I who can grant them that permit it will never be the truth.
It is standard procedure that we issue fines as necessary to ensure the public's safety. Further if the owner does not comply with orders from our office we will take action to remedy the situation at the owners expense.
Emails in March from Holyoke Building Commissioner Damian J. Cote to lawyer Robert Quinn, representing the Roman Catholic Diocese of Springfield:
Mr. Quinn,
I am writing you as the representative of the owner of the above referenced property.
It has recently come to our attention that the structure may have issues related to safety. An exterior inspection was completed last week of the building and with those findings we would like to schedule an interior inspection to evaluate the condition further.
With the pending snow storm it would be best to schedule for Friday March 17th. The time available is 1030am-12. The only thing we will need is someone to open the building for access for evaluation.
Please confirm if this is not possible.
Thank you
Damian J. Cote
Holyoke Building Commissioner
Mr. Quinn,
When the owners representatives come to our office on January 26th, 2017 they brought with them information and requested an emergency order to demolish 71 Maple Street (Church). Of the hour of time that I listened to the 2 representatives including the engineer, Mr. Hunt and Mr. Kirchherr, there may have been 2 minutes dedicated to the structure located at 94 Ely Street (former bingo hall). According to my meeting notes the representatives simply mentioned that they were also looking to take down a building in the flats (94 Ely). They did not provide any details as to why, any report, or any finding about 94 Ely.
Based on this I was not left with the impression that this structure was an issue to the level that it was found to be. It was not until reports of the condition of the building from the public came in that I was made aware of the situation.
Upon inspection of the building at 94 Ely a number of issues were found. Most are in the letter that was sent to the owner. What is unbelievable is that this building shares a lot of land with the NEARI School where not only the public but specifically young children are constantly exposed to the known safety and health hazards of the structure. It is reprehensible that the owner of the property allowed this building to become and continues to ignore such a threat to public safety. It is not only a physical danger to life and limb it is further a clear and known public safety hazard to by way of the damaged exterior asbestos siding, lead paint, and other toxic materials that were found to be all over the lot and neighborhood. During the the exterior inspection which had heavy winds I personally witnessed large pieces of the asphalt roofing and asbestos siding get carried all around the property and abutting lot. All the while there are cars parked right up against the building and a adolescent walking though asbestos.
It is very difficult to think that the owner these innocent children have been exposed to this situation for years. If it were my child in this school I would immediately remove them to a safe and healthy environment and file suit against the owner. Frankly I am shocked that the owner of these buildings (through their representatives) would place such claim about how unsafe 71 Maple Street is relying on a speculative opinion of danger vs what is an indisputable and known danger to public safety. I am also very confounded. It really does not make any sense.
The seriousness of this matter is why an unsafe structure letter was issued along with a request of the survey board for the structure. The owner to this day has not submitted a complete demolition permit application that can be approved by law, however, if they submit a complete application it will be approved immediately. If they fail to do so in a timely manner the City will take immediate action by law to remedy the situation and ensure that the structure will no longer be a public safety hazard.
Damian J. Cote
Holyoke Building Commissioner
Notification from Holyoke building commissioner to Roman Catholic Diocese of Springfield: by Mike Plaisance on Scribd
Response from Mark E. Dupont, spokesman for the Roman Catholic Diocese of Springfield, to Holyoke Building Commissioner's notifcation of violations regarding Immaculate Conception (IC) Social Hall, 94 Ely St.:
Here's your headline, Cote admits to not visiting the IC site for four months after first being alerted, five weeks after a request for an emergency order and only after he refused an emergency order on the building without benefit of personally inspecting site. Supported by Cote email(above).
In November after a vehicle crashed into the IC structure, our demo contractor Charles Arment met with Damian Cote and separately with Olivia Mausel at their city hall offices alerting them to the rapidly deteriorating condition of the IC hall. The Diocese had directed Arment to begin the demolition process, and he was exploring the fastest way to expedite the work needed. Cote explained the process and that we had to present structural reports to support a request for an emergency order. Despite our contractor's explanation of the condition of the building, Cote didn't visit the site, in fact he told Arment directly he wouldn't inspect the site which would have seemed the most responsible step, but insisted he be presented a report in writing. So, at his direction, we began drawing up plans and an analysis to present to him.
Then came the debris from the MD steeple. So in light of the fact that Cote had been already apprised of the IC situation most of the late January conversation did center around Mater Dolorosa which admittedly Cote was hearing about for the first time. Nonetheless the IC was brought up specifically and certainly discussed and his attempt to minimize that is disingenuous.
Inexplicably, even after this second conversation and most importantly a request for an emergency order Cote didn't even conduct a basic drive by external inspection for another five weeks.(see his email) And then waiting another week to request and schedule an interior inspection which occurred then some seven weeks after he received our request for an emergency order.
Again this facility was just over a mile from Mr Cote's City Hall office.
SO NOTE THE TIME LINE this all means Cote refused the emergency request and issued his determination on the IC WITHOUT EVER EVEN VISITING OR PERSONALLY INSPECTING THE SITE. A matter which we will most certainly bring up with the state building authority.
Now he suddenly wants to forget his past inaction and make accusations against the Diocese when in fact we have been warning him on the IC for more than 4 months. It's hypocrisy at its worse. If he was as concerned as he now wants us to believe perhaps he might have made the mile trip sown to Ward 1 in November, see for himself and then use his authority ordering the site (demolished). Again he has tied us up and still wants to blames us for inaction. It simply cannot be both ways.
It's increasingly clear that in exchange for making the tough but necessary public safety decision to seek demolition of a building, the Catholic community has now been singled out and targeted by Holyoke city officials with overzealous, and in some instances unsupported by city ordinance) enforcement activity. It's no wonder the city has experienced three partial building collapses in recent years, including one- the Armory- owned by the city itself.
It would be curious to know how many health inspections for pigeon droppings the city is currently pursuing and has pursued in recent months given the concerns raised. There are no shortage of either pigeons or taller buildings in Holyoke where they like to perch. Has there been talks about inspecting Veterans Park a well known haven for pigeons?
Letter from Roman Catholic Diocese of Springfield to Holyoke Health Department denying access: by Mike Plaisance on Scribd
Appeal of Holyoke actions on Mater Dolorosa Church filed by Roman Catholic Diocese of Springfield, Part I: by Mike Plaisance on Scribd
Appeal of Holyoke actions on Mater Dolorosa Church filed by Roman Catholic Diocese of Springfield, Part II:... by Mike Plaisance on Scribd