Lowell Real Estate: Week of September 26, 2016

The following real estate sales took place in Lowell this week:

September 26, 2016 - Monday

11 Fernald St for $212,000. Prior sale in 1994 for $52,000

267-273 West Sixth St for $340,000. Prior sale in 1991 for $120,000

143 Branch St for $350,000. Prior sale in 2003 for $170,000

14 Exchange Place for $65,000. Prior sale in 1980 for $30,000

90 Berkeley Ave for $200,000. Prior sale in 1966

September 27, 2016 - Tuesday

1082 Bridge St for $285,000. Prior sale in 1951

46 Highland Ave for $405,000. Prior sale in 1949

September 28, 2016 - Wednesday

145 Campbell Dr for $334,000. Prior sale in 1954

118 Powell St for $155,000. Prior sale in 2005 for $231,936

19 Paige St Unit 1 for $250,000. Prior sale in 2013 for $195,000

176 Third St Unit 2 for $181,500. Prior sale in 1997 for $59,800

September 29, 2016 - Thursday

131 Cumberland Rd for $218,000. Prior sale in 2006 for $218,000

200 Market St Unit 619 for $135,000. Prior sale 2015 foreclosure

74 Fisher St for $273,000. Prior sale in 2004 for $275,750

24 Robin Ln for $310,000. Prior sale in 2011 for $172,900

89 Seneca St for $300,000. Prior sale in 2004 for $300,000

1232 Gorham St for $177,500. Prior sale in 2008 for $73,000

367 Aiken Ave Unit 8 for $119,000. Prior sale in 1992

470 Boylston St for $291,000. Prior sale in 2012 for $243,000

269 Dutton ST Unit 8 for $141,000. Prior sale in 2002 for $89,000

30 Angle St Unit 6 for $120,000. Prior sale in 2009 for $110,000

1401 Pawtucket Blvd Unit 20 for $259,900. Prior sale in 2007 for $302,000

79 Warwick St for $258,000. Prior sale in 1999 for $140,000

208 Fairmount St for $527,100. Prior sale in 2011 for $515,000

17 Wamesit St for $142,500. Prior sale 2009 foreclosure

2 Stevens St for $255,000. Prior sale in 1949

389 Boylston ST for $260,000. Prior sale in 1973

September 30, 2016 - Friday

37 Dover St for $300,000. Prior sale in 1972

8 Dane St for $155,000. Prior sale in 2009 for $50,000

231-233 Liberty St for $1,980,000. Prior sale in 1997 for $420,000

200 Market St Unit 4402 for $134,000. Prior sale 2016 foreclosure

208 Mt Hope St for $235,000. Prior sale in 2006 for $270,000

160 Boylston St for $297,900. Prior sale in 2014 for $239,900

381 Douglas Rd for $333,0000. Prior sale in 1998 for $132,000

30 Market St Unit 11 for $325,000. Prior sale in 2012 for $240,000

20 Donald Terrace for $339,900. Prior sale in 2013 for $365,000

134-136 Foster St for $380,000. Prior sale in 1968

34 Columbus Ave for $235,000. Prior sale in 1945

172 Glenwood St for $389,900. Prior sale in 2013 for $365,000

361 Aiken Ave Unit 6 for $140,000. Prior sale in 2009 for $114,900

85 B St for $250,000. Prior sale in 1985

178 Powell St for $180,000. Prior sale in 1992 for $65,000

80 Berkeley Ave for $320,000. Prior sale in 2009 for $180,000

91-93 Fourth St for $289,900. Prior sale in 1994 for $85,000

530 School St for $115,000. Prior sale in 1958

60 Stanley St for $280,900. Prior sale in 2012 for $210,000

23 Aiken Ave for $440,000. Prior sale in 1966.

46 Fairmount St for $555,500. Prior sale in 1998 for $262,000

445 Stevens St for $329,000. Prior sale in 2014 for $296,000

77 West Albert St for $285,000. Prior sale in 1957

Hamilton Canal District Update

Last week was the groundbreaking for the Lowell Justice Center which will be located in the city’s Hamilton Canal District (HCD). The HCD is a collection of 17 parcels adjacent to downtown that have been acquired and cleared by the city of Lowell for redevelopment. The objective is to create a dynamic, mixed-use neighborhood that extends the downtown towards the Gallagher Terminal Transportation Hub and the Lowell Connector highway.

At last night’s city council meeting, the master developer of the project, Winn Development, provided an update to councilors. Regarding the residential component planned for HCD, Winn representatives stressed that the high cost of development of housing in Massachusetts Gateway Cities and the lease and rental rate realities of this area, limit what is feasible on this site. Because it is ground-up construction on vacant lots, historic tax credits (which have financed much of the recent development in Lowell) are not available. There is a new state program that subsidizes new residential construction that is a mix of 80% market rate and 20% “work force” housing, so they expect to compete for that.

Regarding commercial development, Winn would like to construct a 40,000 square foot building adjacent to the courthouse site, possible for use as law offices or other functions complementary to the judicial presence. But the Winn rep said “you don’t build something like that on spec and hope for tenants; you must first secure a tenant and then build to suit.” They are pursuing potential tenants now.

Winn also complemented the city on all the infrastructure work that has already been done and is in the process of being done. This includes new roads, a new bridge, extended utility lines, and a planned 900 space parking garage. City Manager Kevin Murphy added that notwithstanding that garage, which will be at the far end of the HCD from the courthouse, that the city also hopes to build a second garage adjacent to the courthouse to provide parking to the employees and users of that building.

The courthouse groundbreaking created a sense of optimism about the HCD. Last night’s presentation tempered that optimism a bit, but seemed to be a realistic assessment of what is feasible for this area.

Interpreting Agricultural Use Restrictions

This time of year brings back fond memories of Sunday afternoon family drives to Westford to visit Drew Farms for bags of freshly picked apples. Unfortunately, Drew ceased operations as an apple orchard many years ago and the property has changed hands several times. Along the way, an agricultural restriction was placed on the property to keep it as an agricultural use and prevent its commercial development.

Subsequent owners have been unable to return the property to a productive, agricultural use, so it has fallen into decline. The most recent owner has proposed building a 19,000 square foot, 311 seat restaurant on the site along with 110 parking spaces. His response to the agricultural restriction is that the rest of the parcel will revert to farming, and that the produce from the farm will be cooked and served in the restaurant which, he argues, makes it an agricultural use.

The Globe first wrote about this novel approach back on September 3, 2016, documenting the struggle facing the selectmen in the town over honoring the spirit of the restriction and rejecting the proposal, or giving it an expansive interpretation that would get the lot cleaned up. That same article cited the dismay being experienced by regional proponents of land use restrictions at what they saw as a precedent-setting disregard for a valid restriction.

In another article in today's edition, the Globe reports that the opponents of the restaurant proposal got a key ally when the state's agricultural commissioner, John Lebeaux, decided that the proposed restaurant was not an acceptable agricultural use.

I find this a very interesting case study in land use restrictions. Does "forever" really mean that, or is it a term that carries some flexibility based on changing circumstances?

Lowell Real Estate: Week of September 19, 2016

The following real estate sales took place in Lowell last week:

September 19, 2016 - Monday

724 Varnum Ave for $368,800. Prior sale in 1976

219 Central St Unit 2E for $156,000. Prior sale in 2016 for $150,000

September 20, 2016 - Tuesday

24 Beaver St Unit A for $150,000. Prior sale in 2010 for $80,000

38-40 Hudson St for $204,000. Prior sale in 2005 for $180,000

34 Newhall St Unit 306 for $119,000. Prior sale in 2004 for $129,500

September 21, 2016 - Wednesday

417 Hildreth St Unit 20 for $204,900. Prior sale in 2005 for $224,900

37 Chapel St for $275,000. Prior sale in 2006 for $135,000

82 Mary Theresa Terrace for $247,000. Prior sale in 2010 for $195,000

59 Gage St for $195,000. Prior sale in 2011 for $75,000

September 22, 2016 - Thursday

14 Preston St for $179,015. Prior sale 2016 foreclosure

2400 Skyline Dr Unit 2 for $115,000. Prior sale in 2012 for $82,654

103 Acton St for $265,000. Prior sale in 2015 for $150,000

79 Canton St for $412,500. Prior sale in 1985 for $75,000

170 Perry St for $450,000. Prior sale in 1977

409 Pawtucket St for $395,000. Prior sale in 2010 for $300,000

September 23, 2016 - Friday

3 Bourne St for $263,000. Prior sale in 2010 for $216,950

128 Foster St for $280,500. Prior sale in 2016 for $170,000

23 Linda Ln for $359,900. Prior sale in 2000 for $164,900

108 Commonwealth Ave for $360,500. Prior sale in 2009 for $230,000

12 Keene St for $335,000. Prior sale in 2008 for $135,000

264-266 University Ave for $341,500. Prior sale in 1997 for $116,000

Lowell Justice Center Groundbreaking

The groundbreaking ceremony for the new Lowell Justice Center was held yesterday, September 22, 2016, at the site of the building. Under a large white tent that shielded the crowd of more than 200 from the afternoon sun, the ceremony opened with the Trial Court Honor Guard posting the national and state colors and the Lowell High School Show Choir singing the National Anthem.

Massachusetts Trial Court Chief Justice Paula Carey offered welcoming remarks and Trial Court Administrator Harry Spence served as master of ceremonies. Speakers included Governor Charlie Baker, Lieutenant Governor Karyn Polito, Supreme Judicial Court Chief Justice Ralph Gants, Secretary of Administration and Finance Kristen Lepore, State Senator Eileen Donoghue, State Representatives Tom Golden, Dave Nangle, and Rady Mom, and Lowell Mayor Edward Kennedy. After the speaking program, the dignitaries moved to a nearby pile of gravel, grabbed gold-colored shovels (while foregoing the white hardhats), and tossed a few shovelfuls of dirt to mark the occasion.

The Lowell Justice Center (formerly referred to as the Lowell Judicial Center) will be a 267,000 square foot, seven story structure in a prime location in the city's Hamilton Canal District. It will feature 17 courtrooms, office space for court personnel and the District Attorney, the Middlesex North Registry of Deeds, and a Court Service Center. Construction is expected to take 30 months.

Foreclosure advertisements: week of Sept 19, 2016

Legal notices appearing in this week's Lowell Sun advertised foreclosure auctions for the following properties on the dates indicated:

Lowell:

28 Ware St Unit 1 on Sept 29

39 Prospect St on Sept 30

21 Hillside St on October 6

70 Ludlam St on October 12

41 South Walker St on October 16

12 Linden St on October 17

Dracut:

20 Glen Ave on October 3

33 Dora St on October 6

Tyngsborough

209 Lakeview Ave on October 5

Lowell Judicial Center ground breaking today

The ground breaking ceremony for the new Lowell Judicial Center will take place today at 2 pm. The seven-story building will contain courtrooms for Superior, District, Housing, Probate, and Juvenile Courts, facilities for other judicial-related functions, and the Middlesex North Registry of Deeds.

Here's the text of the press release from the Supreme Judicial Court's Public Information Office:

Judiciary Announces Groundbreaking Ceremony for Lowell Justice Center  

WHAT:
On Thursday, September 22,  Supreme Judicial Court Chief Justice Ralph D. Gants, Trial Court Chief Justice Paula M. Carey, and Trial Court Administrator Harry Spence, together with Governor Charlie Baker and Lieutenant Governor Karyn Polito, Secretary for Administration and Finance Kristin Lepore, and Commissioner of the Division of Capital Asset Management and Maintenance Carole Gladstone, will participate in a groundbreaking ceremony for the new Lowell Justice Center, which will be located on Jackson Street in Lowell. Lowell officials in attendance will include Mayor Edward Kennedy, State Senator Eileen Donoghue, and State Representatives Rady Mom and David Nangle.
The new courthouse will be located in the historic Hamilton Canal District, and house the Lowell District Court, the Superior, Probate & Family and Juvenile Courts of Middlesex County, and the Northeast Division of the Housing Court. The courthouse will have 17 state-of-the-art courtrooms, a Court Service Center and office spaces for the District Attorney's Office and Registry of Deeds. The new Justice Center will replace a leased facility and two outdated state-owned courthouses, allowing greater access and efficiency for court users. Construction is due to begin in the fall.
WHEN:
Thursday, September 22, 2016
2 p.m.
WHERE:
370 Jackson Street
Lowell, MA 01852

The Wheelwright Deed

One of the oldest documents in our records was created in 1629. It's a deed from a number of the various native American tribes in the Merrimack Valley and southern New Hampshire to John Wheelwright and several other residents "of the Massachusetts Bay in New England."

The deed conveys a vast amount of territory, a rough rectangle that begins in Somersworth, New Hampshire, then runs along the Piscataqua River to Porstmouth, NH; then along the Atlantic coast to Salisbury, Massachusetts and the mouth of the Merrimack River; then along the river to Pawtucket Falls in Lowell; then north along the Merrimack, almost to Manchester, New Hampshire; then on a line running northeast to the point of beginning.

The deed was executed and delivered on May 17, 1629.

The deed is shrouded in mystery, partly because Wheelwright did not move from England to New England until 1637, eight years after the transaction purportedly took place; but also because no one recalls seeing this deed until it was "discovered" in a file in the York County (Maine) Registry of Deeds in 1707, twenty-eight years after Wheelwright died. The discovery was made in the midst of a lawsuit that contested ownership of some of the land covered by the deed. While the deed was very relevant to that lawsuit, its timely discovery, along with its execution before Wheelwright was even in America, contributed to the skepticism about the deed's authenticity.

Beyond the story of this deed, Wheelwright himself was a fascinating figure. Educated at Cambridge University in England, he became a minister but was forced to give up that position and move to America because his Puritan-leanings ran afoul of the Church of England. Soon after Wheelwright arrived in America, he was engulfed in controversy when his sister-in-law, Anne Hutchinson, began preaching religious lessons that departed from the prevailing orthodoxy of the Massachusetts ministry. Wheelwright sided with his sister-in-law. They were both tried and convicted of sedition and contempt (separation of church and state was not a recognized concept in 1637 Massachusetts). Their punishment was banishment from the Commonwealth. Hutchinson went to Rhode Island; Wheelwright traveled north to the Piscataqua River, where he is crediting with founding Exeter, New Hampshire.

Circumstances compelled Wheelwright to move several times. Besides Boston and Exeter, he also served as a minister in Wells, Maine; Hampton, New Hampshire; and Salisbury, Massachusetts. He was also a college chum of Oliver Cromwell, so when Cromwell ascended to power after the English Civil War, Wheelwright moved back there and assumed an exalted position. Cromwell's death several years later and the restoration of the monarchy in Charles II caused Wheelwright to retreat back to New England and resume preaching. He ended his career and his life in Salisbury, Massachusetts, where he died and was buried in 1679.