GREENFIELD — A Franklin County Superior Court judge has issued an order that will allow the town of Montague to demolish parts of the former Railroad Salvage building, despite objections from the property’s owner.
Judge Mary-Lou Rup issued the order, which was dated for Wednesday but finalized on Thursday. The order gives the town permission to enter the property, repair fencing and demolish certain parts of the structure that the town’s building inspector and the Turners Falls fire chief have both deemed unsafe and a hazard to public health and safety.
Montague Town Administrator Steve Ellis said the town is gratified with the court’s decision.
“We think it’s reasonable and appropriate,” he said.
The town plans to begin demolition Monday. The state had granted the town a waiver on the bidding process, and it has selected a wrecking company out of Springfield. Ellis said the wrecking company will be on site Monday.
Ellis said the town expects the work to be finished within the week.
The order comes after the town and the owner met in court on Tuesday, where the town asked for a preliminary injunction to allow it to make the property safe after the town had previously issued a “Notice of Unsafe Building Order to Remove Dangerous Conditions” to the owners and had not received a response.
A fire on Dec. 31 left the 19th-century mill, which was already in disrepair, in even worse state, with several free-standing walls that were structurally unsound, according to town officials.
The building is owned by Solutions Consulting Group LLC, which is owned by Millers Falls resident Jeanne Golrick. Golrick was present in court on Tuesday and represented herself. The LLC also has an agent, Scott Smith, who is named in the filings but has not responded to multiple attempts to contact him by the town.
Attempts to reach Golrick on Thursday were unsuccessful.
The order also prevents the owners from entering the property until town officials deem it safe and also holds the owners financially responsible for the work the town is doing on the building.
The judge sided with the town after about two hours of testimony on Tuesday that detailed why the town thought the building was a public safety hazard. The town’s attorney, Jeffrey Blake, presented photographs and had both the building inspector and the fire chief testify as to the issues with the building as it currently stands.
“The evidence clearly establishes that, in its present condition, the mill building and property present a significant and serious danger to the public,” the order said.
The judge said that she was in agreement with the town that there was a serious concern the building could collapse into nearby Power Street. She said that the owners had not done anything to remedy the situation.
“No doubt faced with the daunting (and costly) prospect of arranging for removal and demolition, the defendants have failed to comply with the Order to Remove Dangerous Conditions issued more than a week ago,” the order read. “They have made no apparent efforts toward beginning demolition and removal.”
The town plans to tear down three main portions of the building: The east wall, the elevator shaft and the “ell” portion of the building. The town plans to take them down to a second story level, so if the walls collapse in the future, they will do so within the fencing of the property and won’t be a public safety hazard.
Golrick did not call any witnesses and invoked her Fifth Amendment right when Blake called her as a witness.
The building, located in the Patch area of the Turners Falls village between the Connecticut River and the power canal, had its start in life as a cotton mill and in the 20th century was a Rockdale department store and then a Railroad Salvage discount store.
The town does not own the building, but during the last year, the town has been in the process of claiming it because of delinquent tax payments.
Currently, the owner owes $47,538.22 in back taxes, which is calculated through the end of 2016. But that amount does not include the current fiscal year taxes which are $4,795.20.
According to Treasurer and Tax Collector Eileen Seymour, the process for the town reclaiming buildings is typically lengthy and the town tries to work with owners to create payment plans for back taxes.
The process to claim a building only begins after three years of delinquent tax payments. The town filed a tax title on the building in September of 2013 and then filed the action to foreclose in October of 2015. The next step in the process is the state land court, where the town’s attorney would file to seize the building. With this particular building, the town has not filed anything in land court yet.
Town officials are calling for the public to stay away from the property.
Reach Miranda Davis at: 413-772-0261, ext. 280 or mdavis@recorder.com.