by Frank Schroth

At last Tuesday’s session of the Board of Selectmen the board and Brian McDonough, attorney for Carrick Realty agreed on one thing: the two buildings they respectively own that together are the Hendries plant need to come down at the same time. That is about all they agree on.

At the meeting Joe Prondak, Milton’s Building inspector, reviewed the history of  steps he had taken to have the safety of the building attended to. These included two demolition orders he had issued under Mass General Law 139. The selectmen were considering a vote on issuing a demolition order of their own under Mass General Law 143. Prondak cited a number of issues and safety concerns that have come up over the last couple of years including a roof collapse, unsafe structure, and debris that has fallen from the building. He also argued that any exposure to the elements would indicate much more significant damage the building than what might be seen. There have been five inspections of the building, however, there is not uniform consensus among them about the building’s fundamental safety.

The selectmen have serious concerns regarding public safety especially given the structure’s proximity to sidewalks and the trolley tracks. Member Hurley in particular expressed general frustration in working with the Carrick saying that they have been “close to the finish line” in the past and then nothing happens. He cited the town authorization of funds and the loss of availability of those funds due to the process being dragged out. He also noted that if anything should fall on the tracks and damage or injure anyone the squabbles they were having that evening would pale in comparison. Attorney McDonough did not disagree with that.

However, Attorney McDonough did disagree with Mr. Prondak’s assessment. Also at the table with him during the meeting was Fred Cowan an engineer hired by the Connellys (principals of Carrick Realty) to inspect the building. Mr. Cowan believes the fundamental structure to be sound and not currently at risk of collapse. Carrick has appealed both of Mr. Prondak’s demolition orders and they would appeal any demolition order issued by the Selectmen according to McDonough. He argues against their issuing another order as it would only generate ill will and would not grant them any more rights than they already had under existing orders. He said that Carrick is willing to cooperate with the town to take the building down now that removal of the building aligned with their business purposes. “They have a plan they are excited about,” he said. This is in reference to a 40B proposal for 57 units. 

There was extensive discussion of the damage to the building and agreement that it needs to come down but little agreement on who owns what portion, who’s portion of the building had the original damage and who’s portion should come down first.

Prondak asserts that attempts have been made to engage the Connellys in a discussion on how to jointly remove the structure but that they have failed to follow through. Mr. McDonough claims they are willing to engage in that discussion. Member Conlon reiterated the serious concerns that exist over the structure’s safety and its need to come down. She expressed a willingness to defer the decision to issue an order for a week to allow the parties to meet and discuss the logistics of removal. Carrick’s primary concern was one of liability. At the meeting Hurley said that the town would agree to hold them free from harm.

Hurley and Conlon reiterated that if the extension was granted it was critical “to make significant progress” and have a “genuine dialogue.” Mr. Keohane opposed the extension saying, “I don’t want this continued. A handshake does’t mean anything .  .  . the Board of Selectmen looks weaker and weaker. We keep giving breaks and it keeps biting us.”

The board voted 2-1 to extend a vote on demo order until Monday 4/28 when they will meet again at 4:30.