2005 Danvers State Hospital Chronicles

12-15-05 Danvers State sold to developers Chris Cassidy

The Kirkbride now belongs to AvalonBay.

The state sold Danvers State Hospital to the Virginia-based developer yesterday in a deal worth $12 million, sealing 22 years of discussions over the fate of the 77-acre abandoned asylum property.

AvalonBay plans to build 497 apartments and condominiums on the site and demolish most of the Kirkbride building, a Victorian Gothic-style, eight-winged fortress stretching for a quarter-mile that has lured artists and ghost hunters since it closed in 1992.

Officials yesterday touted the economic benefits of the deal. The state will receive $3.2 million of the sale money to build affordable housing for Department of Mental Health clients. About $6 million will go into the state's general fund.

Danvers will receive about $2 million, which will be set aside for education, historic preservation and affordable housing. The town will also see a boost of about $1 million in annual property tax revenues. And 70 units will be added to the town's affordable housing stock.

"It's good news because it puts to positive use a number of acres of property that has fallen into disrepair due to lack of use," Town Manager Wayne Marquis said. "I look forward to making it a very high-quality project and one we can all be proud of."

But the sale has faced sharp criticism from a group of local preservationists who have spent more than $25,000 trying to stop it.

Danvers resident John Archer, one of the most vocal critics of the project, said officials missed a perfect opportunity to restore a structure with rich history and fascinating architecture.

"This is an abysmal moment in North Shore history," Archer said. "To celebrate that building and bring it back to life would have been one of the greatest things. It would have put Danvers on the map.

"They should be ashamed of themselves," he said of the project's stakeholders. "Their lack of insight is pathetic. It's devastating to our history."

Preservationists stalled the sale for two months by challenging it in court, but both times a judge eventually allowed the transaction to proceed.

Archer admitted that his group is running out of options.

"We have nothing else at this point to say," Archer said. "I wish I had some hope."

AvalonBay Vice President Scott Dale could not be reached for comment yesterday.

The Kirkbride, which once served more than 2,000 hospital patients, will soon house 61 apartments and a function room. Crews will add a lounge, fitness center and indoor basketball court to the rear of the structure.

As part of the deal, AvalonBay agreed to create a permanent memorial honoring the legacy of former hospital patients and staff and maintain a cemetery just below the summit of Hathorne Hill.

The developer can start knocking down parts of the Kirkbride and 39 other buildings as soon as it receives a demolition permit from the town. Building Inspector Peter Bryson said the town must act within 30 days after receiving AvalonBay's application. Because of the weakened condition of the Kirkbride, the portion of the building that will be retained will first have to be shored up before the wings can be dismantled, he said.

"It's not as simple as tearing down a shed. ... There may be portions where they can literally push it over," Bryson said. "There may be portions that will require a more delicate procedure."

Bryson said he expects AvalonBay to begin demolition quickly.

"Obviously, the sooner they go forward and the sooner they generate income off the piece of property, the more successful they are," he said.

The developers hope to start construction in early 2006 and wrap up by February 2008, according to a news release issued last night.

12-15-05 It's official: Avalon Bay takes ownership of Danvers State Sally Kerans

Housing development corporation Avalon Bay Communities, Inc., took ownership of the Danvers State Hospital yesterday for $18.4 million, according to Avalon Bay spokesman Scott Dale.

The official closing on the deal comes 14 years after the state announced it was closing Danvers State and other state-owned institutions for the care of those with mental illness. The 75-acre site is known for its signature structure, the neo-Gothic building designed by Thomas Kirkbride.

Legal challenges by local preservationists to save the Kirkbride from the wrecking ball were unsuccessful. A judge in recent weeks rejected claims by the Danvers Preservation Fund, Inc. that the Danvers Preservation Commission was unclear about a crucial vote it took year ago which proved fatal to the effort to preserve the structure.

With the legal challenges cleared, Avalon Bay Inc. needed only to take title in order to proceed with their plans to erect more than 400 units of housing on the site, which contains numerous buildings listed on the National Register of Historic Places.

Spokesman Scott Dale said security fencing will be erected as soon as their contractor can get on site, once demolition permits are approved.

12-15-05 Beverly Hospital plans Danvers expansion Sally Kerans

Beverly Hospital plans to build a new $15 to $20 million ambulatory care facility on the former Danvers State Hospital lowlands property, and will likely convert its Lindall Hill site to senior housing, Northeast Health System President and CEO Steve Laverty said this week.

"We have a longstanding commitment to Danvers," Laverty said, noting Northeast Health System’s plan will also mean major changes for the Hunt Center, the Lindall Hill facility owned by Beverly Hospital.

"It’s a big investment for us," Laverty told the Herald.

The investment that comes as great news to Town Manager Wayne Marquis.

"We were glad they decided early on that Danvers is the place they want to be in the future," he said. "It’s very good news for Danvers and for the North Shore," Marquis added.

The news comes within hours of Avalon Bay taking title to the 75-acre former state hospital property from the state, a decade-long process which concluded yesterday when the state released the property to Avalon Bay Communities (see adjacent story).

Avalon Bay Communities spokesman Scott Dale confirmed that negotiations are under way to sell some of the lowland acreage to Northeast Health System/Beverly Hospital.

"It’s a good use for the site and a win-win for all parties," said Dale. He said the facility will front Maple Street and be visible from Route 1 south.

Laverty said the location offers better patient and physician access to the current and future ambulatory services Beverly Hospital offers.

Laverty said the approximately 80,000-square-foot facility will offer ambulatory care and specialized services on two or three floors. Day surgery, cardiac and oncology centers, diabetes care, breast health, chronic pain management, lifestyle management programs and services and physician offices will be on the site, he said. He said Children’s Hospital of Boston has expressed an interest in leasing space in the facility for specialty clinics, such as pediatric gastrointestinal care and pediatric cardiology.

"We like to think the people in the community will be as excited as we are," Laverty said. "We’ll have two well-positioned operations in Danvers that will meet community needs in a way that’s respectful of citizens living there," Laverty told the Herald.

Laverty said it’s too early to know whether the Hunt Center, the former town-owned and operated Hunt Memorial Hospital, will be renovated or torn down.

Laverty said conversations he’s had over the past months with Town Manager Wayne Marquis made it clear that a use with little traffic is something town officials would like to see.

"They’ve been very up front about wanting to maintain and expand their presence in Danvers," said Marquis.

Laverty said Marquis has emphasized in conversations over a period of many months the need for "senior housing."

Options include congregate, assisted living or 55-and-over housing, he said, but added it is too early to know exactly what type of housing will be built. Other Northeast/Beverly Hospital senior housing operations include Heritage at Danvers, and Ledgewood and Herrick House, two assisted living facilities on the Beverly Hospital campus. All are market-rate facilities with a small number of set-asides for low-income seniors.

Marquis was less specific, saying he’s most encouraged by Northeast’s "real interest" in working with the town

However, he said the presence on Lindall Hill of a nursing home and an assisted living facility makes senior housing and health services a logical fit for the area.

The plans will require approval from the Planning Board.

Laverty said the pediatric psychiatry program run by Mass General, which leases space at the site, and Healthsouth physical therapy programs currently at the Lindall Hill site will remain.

"It’s a positive development for the residents of this community and the North Shore, and their success at the Hunt center is the foundation from which they will grow the business," said Marquis. Northeast Health System is a non-profit.

11-22-05 Judge denies move to block demolition Chris Cassidy

Yesterday, a Superior Court judge paved the way for the town to issue a demolition permit to AvalonBay, which plans to tear down most of the 130-year-old former insane asylum to build apartments and condominiums.

A group of local preservationists, the Danvers Preservation Fund Inc. tried to block the demolition, saying the developers failed to follow local regulations when they sought building approval.

The judge's decision appears to clear the last hurdle in AvalonBay's attempts to buy the property for about $20 million and build 419 apartments and 64 condominiums there. About two-thirds of the Victorian Gothic-style Kirkbride building, the site's main attraction, would be demolished.

"Big business once again wins out over preservation," said John Archer, the project's loudest critic. "The enormous material waste will be amazing."

Attorney James Gilbert, representing the preservationists, said his clients will meet in a few days to discuss what their next move, if any, will be.

Meanwhile, town attorney Michael Lehane said he was pleased with the decision and maintained that continuing to delay the project would further jeopardize the portion of the Kirkbride that AvalonBay plans to preserve.
"This process has been going on long before the hospital closed," Lehane said. "There comes a point where the process has to come to a conclusion."

AvalonBay Vice President Scott Dale said he believes the judge made the right decision and said the land transaction from the state to AvalonBay would take place in a matter of "weeks to days."

"I'm confident we can move forward on the process that everyone's already worked so hard on," Dale said.

During a hearing in Salem Superior Court yesterday, Gilbert argued that town officials inappropriately interfered in the work of the local historic preservation commission. That body, which could have delayed demolition, never ruled that the 40 buildings on the state hospital land were worth saving.

Gilbert charged that preservation commission members didn't understand the issues they were voting on and were "hoodwinked" by officials from AvalonBay.

"You had a bunch of very confused people who only wanted to do the right thing. ... They were under enormous pressure because of the millions of dollars at stake."

Archer, who has vehemently railed against AvalonBay's plans, voted against preserving the property because he was confused on the vote, Gilbert said.

"The system failed in about six different ways," Gilbert said. "Because of that, we're going to watch as buildings on the National Register (of Historic Places) get demolished, and that's just wrong."

But Lehane fired back, attacking Gilbert's theory that the decision was born out of confusion.

"If your case is that you're clients are stupid and can't understand English, then that's a slim reed to rely on," he said.

Lehane said it was the fourth time the preservationists have sought a judge's intervention.

The shuttered mental hospital has attracted artists, historians and ghost hunters fascinated with the architecture and design of the quarter-mile-wide Kirkbride. "Urban explorers," an underground culture of thrill-seekers, have risked arrest by slipping onto the site at night and photographing the building.

AvalonBay attorney Kevin O'Flaherty said both the town and commonwealth stand to gain if the purchase goes through.

"We have a handful of people that think they know better than everyone else," O'Flaherty said. "They don't represent the public's best interest."

11-22-05 Danvers State sale on track Sally Kerans

Salem Superior Court Judge Howard Whitehead rejected the latest attempt by the Danvers Preservation Commission to stall the demolition of buildings at Danvers State Hospital.

In an hour-long proceeding in Salem Superior Court Monday, Whitehead listened to arguments by Danvers Preservation Fund Inc., the Town of Danvers, and Avalon Bay Communities, Inc. before rejecting the plaintiffs' argument that the members of the commission didn't understand their vote in 2003 against finding the buildings at the former Danvers State Hospital worthy of preservation. He denied a preliminary injunction.

"They weren't a bunch of patsies," Whitehead responded to Salem attorney James Gilbert, who represented former commission members Kathryn Morano, John Archer, Wayne Eisenhauer and plaintiff Richard Trask.

Trask isn't a member of the commission but has since been involved in the effort to prevent the demolition of the buildings on the site.

The Danvers Preservation Fund Inc., not to be confused with the Danvers Preservation Commission at the center of the legal fight, sought legal action to prevent the destruction of the Kirkbride and other buildings at the site. Trask and others have asserted throughout the decade-long process of closing the former state institution for the mentally ill that because the buildings are listed on the National Register of Historic Places they should be preserved.

The state and town disagreed.

Danvers Town Counsel Michael Lehane blasted the members of the Preservation Fund, calling them a small group of people who think they know better than everyone else. He called the legal machinations of the group "a historic preservation impulse."

"The best he (Gilbert) can do is suggest his clients are stupid, that they didn't know what they were doing, " he said. "Who among us cannot understand?" he continued. "Look at the bylaw."

In 2003, Lehane said, he advised the commission members against including all of the buildings in their vote, as opposed to just 38 of the buildings. They rejected the advice, he said.

A letter from the commission inquiring about jurisdiction was never answered, Archer said after the court appearance.

Judge Whitehead said Lehane might have been wrong on the issue of how many buildings the commission should have included in its vote. But, he said, it was moot because the commission voted against finding the buildings worthy of preservation.

The commission did so by a vote of 5 to 2, with Chairman Kathryn Morano and member Pete Haynes voting yes, that they were worthy of preservation. Members have said they voted no because they believed the application before them was improper. They believed only the state had the authority to make application since the state owned the property and this application had been presented by the would-be developer Avalon Bay. They wanted to register their dissatisfaction with a process that left out their input.

Whitehead said such was not the case, and that Avalon Bay was a proper applicant. Members who attempted to register their opposition to the entire process by voting no had engaged in a strategy that backfired.

Gilbert tried unsuccessfully to argue that Lehane and others had created confusion among members regarding their vote as part of a "shell game" by the town to push the project through regardless of the fate of the Kirkbride building in particular, an 18th century neo-Gothic structure.

"Everybody knew the members didn't know what they were voting on," said Gilbert. "They did not ever intend to vote that the buildings weren't worthy of preservation." Whitehead was unpersuaded.

He suggested it was simply implausible that the same board which overrode town counsel on the question of the 40 buildings at the state hospital site - "and I think they were dead wrong on that" - were somehow hoodwinked when it came to the vote.

"It was an up or down motion, wasn't it?" asked Whitehead, chuckling.

Archer said this week that the vote on whether to invoke the six-month demolition delay wasn't so crucial.

"Our vote that night had nothing to do with Avalon Bay's decision to tear down the buildings, and all we were asking was for them to salvage two more wings of the Kirkbride," he said.

"We gave in on everything; we changed to zoning for the Kirkbride building to be reused, and they've given nothing," he said.

Whitehead also rejected Danvers Preservation Fund, Inc.'s argument that the application for a demolition permit wasn't valid because the company wasn't yet the legal owner of the property.

"It wasn't their business whether it was an appropriate applicant," said Whitehead.

He said the state building code specifically allows somebody other than an owner to apply for a demolition permit.

Whitehead also found that the building inspector had acted in accordance with state and local laws.

He was unpersuaded by Gilbert's argument that since the Danvers State buildings are on the National Register of Historic Places, they were entitled to protection (although he did ask at one point what the National Register listing actually states, a query that wasn't answered.)

Reactions

Among the spectators in the courtroom Monday afternoon was Joe Sadoway, who has followed the process and recalls the meeting at which the commission took their fateful vote.

"This is evil," said Sadoway.

"This is a great disservice to generations to come and they will ask why did the town allow this travesty to happen?" said John Archer, who served on both the town preservation commission and the Danvers Preservation Fund Inc. "Of course we all think they're historically significant, " said Archer.

"We were trying to get out of the vote, and we didn't have anyone there who could help us, so we did botch the vote. But even if we hadn't, they had already worked the six months delay into their timeline, " said Archer. "They do it everyday."

He said they were trying to do more than just give them the six months.

"Generations will ask how could this travesty happen: How could they have been so shortsighted? This is the poverty of progress; they should be ashamed of themselves. From Mass achusetts Historic Commission to the town manager," said Archer.

Avalon Bay Communities spokesman Scott Dale said following the proceeding that the company plans to file for permits within weeks.

The company plans to build 466 apartments on the site.

11-18-05 Back to court about Danvers State Sally Kerans

The attorney for the Danvers Preservation Fund, Inc. will return to court next week to seek another delay of the sale of the Danvers State Hospital property, this time focusing on the role of Danvers officials and its Preservation Commission in the process.

Judge Howard Whitehead denied a request for a preliminary injunction sought by The Danvers Preservation Fund, Inc. on Nov. 8. A memorandum outlining the reasons for the denial has not been issued, the court said.

Attorney James Gilbert said his clients will appear in Salem Superior Court on Monday, Nov. 21, at 2 p.m. The town of Danvers will be there, too.

Gilbert and his clients contend that both state agencies and the town failed to give due attention to the historic value of many of the buildings on the Danvers State Hospital property. They contend that the Danvers Preservation Commission didn't have the authority to act on an application for permission to demolish the buildings because it was submitted by Avalon Bay Communities, the developer, which wasn't the rightful owner of the property.

Furthermore, some involved say that when the commission acted on the application by Avalon Bay Communities in 2003, members were confused about the action they were taking and how it would affect the structures on the property, including those listed on the National Register of Historic Places.

"It got very complicated and some members didn't even know what they were voting on, and instead of declaring they didn't have authority to rule, they declared it (the property) wasn't significant," said Richard Trask, the town archivist, who is not a member of the Preservation Commission.

Danvers Preservation Fund, Inc. attorney James Gilbert said this week that all that followed from that action should be moot because the town violated its own demolition by-law.

"Like everything else with the state hospital, this is a very Byzantine process," said Trask.

To date, a demolition permit has not been issued.

The closing on the sale of the former Danvers State Hospital property to Avalon Bay Communities was originally scheduled for Oct. 21.

11-9-05 Danvers State sale OK'd, but legal fight lingers Chris Cassidy

A judge yesterday ruled the sale and demolition of Danvers State Hospital can proceed, but local preservationists vowed to keep fighting.

A group incorporated as the Danvers Preservation Fund accused the state of neglecting historic preservation laws and filed an eleventh-hour lawsuit to block the sale. But yesterday's Salem Superior Court ruling cleared the way for the 77-acre property to be sold to developer AvalonBay.

"We're not giving up yet," said Kathryn Morano, a preservation fund member. "We still have another ace up our sleeve."

So the group will head back to court to try to stop the project, possibly as early as today, said attorney James Gilbert. AvalonBay plans to knock down a portion of the Gothic-style Kirkbride building to make way for housing.

The group wants to block the town building inspector from issuing a demolition permit to AvalonBay, claiming the town violated its own bylaws governing the demolition of historic buildings, Gilbert said.

Specifically, he claims the town manager "bullied" the local preservation commission into hearing AvalonBay's demolition request before it assumed ownership of the property — a violation of a town bylaw, Gilbert alleged. The preservation commission can delay demolition of a historic structure up to six months, he said.

"It was an abuse of the town manager's authority to force the preservation commission to act in a manner (it) knew was illegal," Gilbert said.

Town Manager Wayne Marquis could not be reached for a response yesterday evening.

Attorney Kevin O'Flaherty, representing AvalonBay, deferred comment to Vice President Scott Dale, who did not return a phone message yesterday.

Meanwhile, Gilbert hopes a judge will set a hearing sometime next week.

"We're Massachusetts, not Las Vegas," Gilbert said. "We don't tear down buildings without any thought or consideration of their historic nature.

"This isn't Caesar's Palace. This is a historic building that is entitled to a lot more consideration, both legally and morally, than what it's received."

At its peak, the hospital treated 2,000 patients, even though its official capacity was just 600.

The 130-year-old mental hospital has attracted artists, historians and even ghost hunters fascinated with the architecture and design of the quarter-mile-wide Kirkbride. "Urban explorers," an underground culture of thrill-seekers, have risked arrest by slipping onto the site at night and photographing the building.

It was even the setting for a 2001 horror movie, "Session 9."

But the latest court action to preserve the venerable building won't stop the sale, thanks to yesterday's superior court ruling.

The decision was a major victory for the parties involved in the sale. The state and AvalonBay had hoped to finalize the deal last month.

Earlier in the day, Marquis called the ruling "good news" and hoped it would move the project forward. Kevin Flanigan, a spokesman for the state Division of Capital Asset Management, called yesterday's ruling "a very positive development."

He said he didn't know when the sale will be finalized.

11-9-05 Judge rules against preservationists Sally Kerans

A judge has denied the Danvers Preservation Fund Inc.'s request for injunctive relief in connection with the sale of the former Danvers State Hospital.

A spokesman for Salem Superior Court Judge Howard Whitehead said yesterday the motion was denied and gave no other details, saying a memorandum would follow.

Danvers Preservation Fund Inc. is seeking to re-open the process which, if not stopped, will lead to the demolition of historic buildings on the former Danvers State Hospital and of two-thirds of the signature Kirkbride building.

Avalon Bay Communites had been scheduled to purchase the property in late October from the state. The developer was then expected to begin demolition at the site as it began building 460 odd residential apartments and condominiums.

The preservationists filed their suit against the Secretary of State as the head of the Massachusetts Historical Commission as well as the town of Danvers and the state Division of Capital Asset Management.

They alleged the state and town had failed to consider the historic value of this site which is listed on the National Register of Historic Places.

Now that the judge has ruled against them, Jim Gilbert, the attorney for the preservation group, said his clients will go to court again next week, this time challenging the town of Danvers' issuance of a demolition permit, which the group contends was unlawfully granted.

"The town violated its own by-law," said Gilbert, referring to the town's historic demolition by-law.

The group succeeded in delaying the scheduled closing on the sale of the property.

Avalon Bay was chosen to develop the site through a process involving the state and the town. "We've had 22 years of process on this," said Town Manager Wayne Marquis at a recent meeting of the Board of Selectmen.

But Gilbert says his clients weren't included.

"Twenty-two years of flawed process isn't process," said Gilbert.

At issue in the lawsuit brought by Gilbert for Danvers Preservation Fund, Inc. is whether state agencies took historic value into proper account during the process. They say a public hearing on the adverse effect of tearing down the Kirkbride never happened, as required by law.

10-27-05 State hospital fate still in limbo Chris Cassidy

Danvers State Hospital has dodged the wrecking ball — for now.

Yesterday, a judge heard arguments from all parties involved in the pending sale of the 77-acre property, including a preservationist group demanding it be stopped.

Judge Howard Whitehead will rule on the fate of the abandoned hospital "in a matter of days," he said yesterday. Until then, a temporary restraining order blocking the transaction and demolition of most of the quarter-mile-wide Kirkbride building will remain in place.

A group of local preservationists, incorporated as the Danvers Preservation Fund Inc., is trying to block the sale, claiming the state violated federal and state historic preservation laws by not allowing public input in the process.

"We're about to tear down a building that's on the National Register of Historic Places," the attorney for the preservationists, James Gilbert, told the judge yesterday. "It's worth taking the time to make sure we've crossed the t's and dotted the i's."

The proposed sale of Danvers State Hospital to developer AvalonBay has raised questions over which side has the public's interest at heart: preservationists intent on saving a 130-year-old former mental hospital's Gothic-style architecture or developers whose project would create affordable housing units and add between $300,000 and $400,000 in tax revenues to the town.

Town Manager Wayne Marquis has said AvalonBay will also contribute $1 million to the town for school building projects, $500,000 for historic restoration projects and $500,000 to build affordable housing.

Michael Dolan, the attorney representing the town, said yesterday that Danvers stands to lose $3 million if the sale is blocked. Seventy affordable housing units are also expected to be added to the town's stock.

"If the transaction isn't completed, the public interest will be removed by a few individuals who think they know better," Dolan said.

Jeffrey Collins, the attorney representing the state, said two independent experts hired in 2002 suggested the building should be razed. A third expert commended the sale proposal for preserving even 100,000 square feet of the Kirkbride building. (Under the current proposal, AvalonBay would preserve a portion of the Kirkbride).

He said one of the experts even predicted the building would collapse in two to five years.

Collins said more than 30 public meetings about the hospital sale have been held in Danvers, including some with citizen advisory committees. The Massachusetts Historical Commission has been involved in the process since 1982, he said.

Meanwhile, Gilbert charged that state agencies either ignored or neglected required statutes when they approved AvalonBay's proposal to knock down portions of the Kirkbride. The Danvers Preservation Fund now stands as the most vocal group opposing the project.

"We are essentially citizens standing in place of a state agency," Gilbert told the judge.

Preservationists have said they don't oppose the idea of developing the site, as long as the architecture that has drawn artists, filmmakers and history buffs is preserved.

Gilbert suggested additional money AvalonBay has pledged to parties like the town was really an offer in exchange for their cooperation in the sale process.

"This is a company that went around and floated money to everyone. ... If they took that money and put it into preservation, we could save that structure," Gilbert said.

In May, AvalonBay received clearance to build 419 apartments and 64 condominiums on the site of the former insane asylum, which closed in 1992. If the sale goes through, the first apartments could open by the late summer or early fall of 2006, with project completion scheduled for late 2007

10-23-05 Former Danvers hospital sale stalls Kathy McCabe

Local preservationists and the developer wanting to buy Danvers State Hospital will meet in court Wednesday for a hearing to determine whether the sale should be delayed until a trial can rule on whether historic preservation laws have been violated.

Superior Court Judge Howard Whitehead temporarily blocked the sale of the 19th-century hospital to AvalonBay Communities Inc. after preservationists filed a suit arguing that the town and state have not complied with historic preservation laws that could save much of the property from the wrecking ball.

AvalonBay Communities Inc., a Virginia company with local offices in Quincy, plans to build 497 housing units on the campus, which is listed on state and national historic registers.

In its lawsuit, the Danvers Preservation Fund Inc., a nonprofit formed by local residents, argued that the town and state, particularly the Massachusetts Historical Commission, did not allow enough public input into the redevelopment plan, or consider its impact on historic preservation. Of particular concern to preservationists is the future of the Kirkbride building. The Gothic structure, on a hilltop overlooking Route 1, is one of the most prominent structures in Danvers.

On Wednesday, all parties are due in Salem Superior Court for a hearing to determine whether the restraining order should remain in place until a trial can be held. If the sale is allowed to proceed, preservationists say a valuable piece of architectural history in Danvers will be lost.

''We don't want people 100 years from now looking at pictures of the Kirkbride and saying, 'Why did those stupid people get rid of such an architectural gem?' " said Richard Trask, the town archivist, who said he joined the lawsuit as a private citizen.

The suit alleges that the Massachusetts Historical Commission failed to hold a public hearing, as required by law, before agreeing to the demolition of most of the hospital campus, including part of the Kirkbride. The suit also alleges the state Division of Capital Asset Management, which holds title to all state real estate, allowed the building to deteriorate since the psychiatric hospital closed in 1992.

Spokesmen for each state agency declined to comment on the lawsuit, citing a general policy of not discussing pending litigation.

The Kirkbride, built in 1874, is a brick-and-granite structure, standing 3 1/2 stories and running a quarter of a mile in length. It is considered a fine example of 19th-century Victorian Gothic architecture and is a key reason the hospital campus was added to the National Historic Register in 1984, preservationists said.

''It's a gem," said John Archer, a preservationist and critic of AvalonBay's redevelopment plan. ''Nothing like this will ever be built again."

AvalonBay has agreed to preserve 100,000 square feet of the Kirkbride, including the main facade and administration building. The space would be incorporated into its plan to build apartments and condominiums on the main portion of the 77-acre property.

''It's not a small amount of space," said Scott Dale, a vice president at AvalonBay. He rejected the notion that the public did not have enough say. ''It's been a very long public process," Dale said. ''I believe there has been ample input from everyone."

Debate over preserving the Kirkbride has been long running. It first surfaced in the mid-1990s, when reuse plans for the shuttered hospital were first talked about with town officials. Special state legislation placed conditions on the sale of the property, aimed at preventing a private developer from snapping up choice state real estate without guaranteeing community benefit.

AvalonBay has agreed to pay about $2.3 million for education, affordable housing, and historic preservation in Danvers, and mental health services in Essex County. Danvers stands to gain an estimated $300,000 to $400,000 in annual tax revenues from the site's redevelopment. In addition to housing, AvalonBay plans 100,000 square feet of commercial development on the lower portion of the hospital site, near Route 62.

The legislation also required that a special citizens committee in Danvers review plans proposed by developers, and make a recommendation to the town. The committee three years ago approved the developer's preservation of 100,000 square feet of the Kirkbride, as opposed to losing the whole building.

Michael Lehane, Danvers town counsel, said the citizens advisory committee shows the town did allow for public input. ''The committee was meant to represent the town's broader interests," he said.

Preservationists disagreed, and said they were shut out and have no recourse but to turn to the courts.

''They wouldn't listen to our arguments," said Kathryn Morano, a former chairwoman of the Danvers Preservation Commission, a town board. ''We believe that much more of that property can be preserved . . . From day one, they didn't want to listen. . . . That's why the very issues we raised are now before a judge."

10-21-05 Arrest Log A 16-year-old boy was arrested and charged with driving without a license, trespassing and driving an unregistered motor vehicle after police investigated a trespassing complaint at the shuddered Danvers State Hospital property. State, along with Danvers police, intercepted a group of approximately 15 youths, before they went onto the property around 10:40 p.m.

10-20-05 Danvers State sale put on hold; hearing scheduled for Wednesday

A judge yesterday temporarily stopped the multimillion dollar sale of Danvers State Hospital, two days before the deal was set to close.

It's a reversal of a decision handed down the day before, when a preservationists group, incorporated as the Danvers Preservation Fund Inc., failed to persuade the judge to block the impending sale.

Judge Howard Whitehead ordered a temporary restraining order on the sale of the abandoned former asylum, after the preservationists revised their legal complaint yesterday. The group changed its complaint to include developer AvalonBay as a defendant and to list the preservationists by name.

"We're very pleased," said James Gilbert, the attorney representing the preservationists Kathryn Morano, John Archer and Wayne Eisenhauer. "We listened to the judge's concerns yesterday. We were very quick to address them and get back into court. ... It's an important first step."

A hearing is scheduled for next Wednesday, when Gilbert will ask a judge to prevent the sale until the state complies with certain obligations, including holding hearings and examining the sale's impact on historic preservation, he said.

"We would anticipate that if the judge issues a preliminary injunction, it would be quite some time before the transfer could take place," Gilbert said.

The state had hoped to complete the sale of the 77-acre property tomorrow, according to Kevin Flanigan, a spokesman for the state Division of Capital Asset Management. AvalonBay plans to turn the former state hospital property into condos and apartments.

Flanigan declined to comment on yesterday's developments, saying the office had not yet received court documents and does not typically comment on litigation.

AvalonBay Vice President Scott Dale said he was disappointed with the eleventh-hour ruling but remained optimistic the project would soon proceed as originally designed.

"It is another hurdle that we'll have to get over to move the project forward," Dale said.

Dale said several parties tied to the project have worked together for years to devise a concept they could stand behind.

"During the process, everyone has compromised to get to a solution, to get to an economically viable development proposal," Dale said. "That's the way things get done. People compromise."

The hospital, closed in the early 1990s, has long been the fascination of fright-seekers and so-called "urban explorers" who break in to take pictures in the eerie, abandoned building.

Danvers officials long ago warned conditions inside the hospital are treacherous: Ceilings have collapsed, and floors have gaping holes.

Delaying the sale would further jeopardize the portion of the property's flagship structure, the Kirkbride Building, that AvalonBay plans to maintain, Dale said.

"Weather and elements of the environment are taking their toll on the building week by week, and another winter of the building being exposed to the elements will not help," he said.

Archer, an outspoken critic of the AvalonBay project and member of the Danvers Preservation Fund, said he was "thrilled" with the ruling.

"When you fight a huge corporation like AvalonBay, you're dealing with some extremely bright, clever lawyers who are responsible to their stockholders. ... We are not driven by a monetary gain as they are. We're truly an altruistic group."

Archer said his group isn't against the idea of creating housing on the site but would like to see the architecture of the 130-year-old, Gothic-style Kirkbride building preserved. Its eight wings stretch a quarter-mile across the crown of Hathorne Hill and can be seen from Route 1 and Interstate 95.

"There's right and wrong, and we're right," Archer said.

Late yesterday afternoon, Town Manager Wayne Marquis said his office had not received notice of the restraining order. But he said town attorneys would be present at Wednesday's hearing and remained confident the sale would proceed.

"At this point there have been so many ups and downs and twists and turns, I'm not surprised by anything," Marquis said.

The town stands to benefit from an estimated $300,000 to $400,000 in additional property taxes that will come with the development, Marquis said.

The developer has also pledged another $2.3 million to the town, including $1 million for school building projects, $500,000 for historic projects like the restoration of Town Hall and $500,000 to build the town's affordable housing stock.

The remaining $300,000 is expected to be spent on the renovation of playing fields behind the Thorpe School.

10-20-05 Sale of Danvers State Hospital stopped by Sally Kerans

The attorney for Danvers Preservation Fund, Inc. won a temporary restraining order Wednesday morning halting the sale of the former Danvers State Hospital to Avalon Bay, a developer of apartment complexes.

Salem Superior Court judge Howard Whitehead yesterday granted a temporary restraining order sought by Danvers Preservation, Inc., which prohibits the sale or transfer of the property at least until Wednesday, Oct. 26, said attorney Jim Gilbert, attorney for the group challenging the legality of the process leading to the sale of the former Danvers State Hospital.

The sale had been scheduled for tomorrow, Oct. 21.

The multi-acre site in the Hathorne section of Danvers contains 40 buildings listed on the National Register of Historic Places, in particular, the eight-winged Kirkbride building at the summit of the hill.

The suit names the Commonwealth of Massachusetts' Division of Capital Asset Management, Massachusetts Historical Commission and its chairman, Secretary of State William Galvin, and the Town of Danvers. It alleges that laws protecting historic structures were ignored in the decade-long process of disposition of the property.

Gilbert said Judge Whitehead ordered all parties back in court next Wednesday, Oct. 26.

"At least we got over the first hurdle," said Gilbert.

10-14-05 Hospital suit goes forward By Sally Kerans

The Danvers Preservation Fund Inc. will file suit in Essex Superior Court as early as tomorrow in hopes of delaying the scheduled Oct. 21 sale of the Danvers State Hospital to developer Avalon Bay, their attorney said yesterday.

"We're definitely going forward," said Jim Gilbert, attorney for the non-profit group which has hired Gilbert to press their case against the state agencies charged with safeguarding the historic buildings on the site of the former Danvers Insane Asylum.

The Danvers Preservation Fund Inc. last week asked the Division of Capital Asset Management (DCAM) to impose a voluntary delay of the sale in order to review the process.

This week, DCAM told Gilbert they saw no reason to postpone the Oct. 21 closing date.

Gilbert said it was a typical response from a government agency that has no interest in working with historic preservationists.

Gilbert and his clients contend that Massachusetts Historical Commission failed to carry out its duties as the historic preservation guardian of the state's important historic assets. Specifically, the agency failed to follow statutory requirements for public input in determining that demolition of the buildings listed on the National Register of Historic Places would have an adverse effect.

That charge was disputed by Secretary of State William Galvin's office.

"Of all of the parties that were involved, my greatest disappointment was with the MHC," said Richard Trask, who is not a member of the Danvers Preservation Fund Inc. but has made a financial contribution to the fund. Trask is the Town of Danvers Archivist and is careful to separate his official duties from his personal historic advocacy.

"When they're talking about taking a national historic area of 40 buildings, destroying 39 of them, and then destroying two thirds of the 40th, including not keeping the roof and the first 20 courses of bricks, then if that's historic preservation, I'm in the wrong business," said Trask.

Trask said he was not aware of a single time anyone local was asked by Massachusetts Historical Commission for input or comment on Danvers State Hospital.

The hospital was closed in 1992. It is listed on the National Register of Historic Places. A multi-year process resulted in rezoning the property for residential development on top of Hathorne Hill, where the Kirkbride building, chapel, and other buildings are located, and commercial development at the bottom. The developer finally chosen for the project is Avalon Bay Communities.

Demolition of buildings would occur in the first phase of the development.

Trask says interest in Danvers State among people who contact the Archives has surpassed geneology over the past year.

The witchcraft hysteria and subsequent executions is still the top topic of interest.

10-06-05 Danvers State suit on hold By Sally Kerans

It took the threat of legal action, but local preservationists may finally be heard on the fate of the majestic Kirkbride and other historic buildings at Danvers State Hospital.

The state agency in charge of selling Danvers State Hospital has asked the attorney for the Danvers Preservation Fund, Inc. to hold off filing suit so the agency can review the pending sale to Avalon Bay, signaling a possible delay in the sale, set for the end of this month.

The citizen-led non-profit preservation group informed the state's Division of Capital Asset Management (DCAM) and the Massachusetts Historical Commission (MHC) last week they will file a law suit if necessary to ensure that the process for demolishing historic buildings spelled out in state law was followed in the Danvers State Hospital deal.

The state hospital is listed on the National Register of Historic Places and under the purview, therefore, of the Massachusetts Historical Commission.

DCAM is in charge of all state assets, including their maintenance as well as their disposition.

"At the end of the day, nobody is ever going to hold up the Danvers State Hospital process and say, 'this is how we do historic preservation,'" said Danvers Preservation Fund, Inc. attorney Jim Gilbert this week.

The group is prepared to argue in court if necessary that the Massachusetts Historical Commission failed to hold hearings and issue a determination of "adverse effect" or "no adverse effect" of demolishing the buildings, as state law says it must for any buildings listed on the National Register of Historic Places.

"Even if it turned out, at the end of the day, that Kirkbride couldn't be saved, at least there would have been a public process," said Gilbert.

That process has been a source of frustration for many.

"We've tried to cover every angle possible," said Town Archivist Richard Trask in an earlier interview about past efforts to save the Kirkbride building. With no success, the local preservationists finally hit upon the idea of filing suit against the state agencies in charge of the property, he said. Although he is not a member of the group suing, he fully supports its efforts, he said

Massachusetts Historical Commission's chairman is the Secretary of State, William Galvin. His office disputes the charge that MHC didn't follow the law.

"Massachusetts Historical followed the process to the nth degree," said Galvin spokesman Michael Maresco. Maresco said that Massachusetts law provides MHC with a role that is "consultative" in nature and does not give the entity veto power.

Maresco said MHC consulted with DCAM throughout the process, and did, in fact, hold a hearing before it made its finding of adverse effect.

He said MHC also recommended a developer other than the one chosen, Archstone, and that Secretary of State Galvin sent a letter in May 2002 to DCAM commissioner David Perini objecting to plans to demolish vast sections of the Kirkbride building.

Only DCAM can unilaterally stop the sale voluntarily, according to Gilbert.

A DCAM representative said the agency would respond in writing about the sale in the near future.

Avalon Bay did not return calls before press deadline.

10-04-05 Police arrest amateur ghost hunter on Danvers State Hospital grounds By Andy Smith

Amateur ghost hunter Matthew X said he heard swirling noises and faint screams on the grounds of Danvers State Hospital as he was investigating claims the old asylum is haunted.

Then he heard his Miranda rights.

Matthew X , 33, and two friends were charged over the weekend with trespassing on the grounds.

Matthew said he and his friends never noticed any "no trespassing" signs when they took a back road to reach the deserted site of the 127-year-old state psychiatric hospital.

They were there to make a videotape to send to the Atlantic Paranormal Society, which investigates haunted sites for the Sci-Fi Channel's "Ghost Hunters."

Danvers is haunted by paranormal enthusiasts, if not by ghosts.

Since the hospital closed in 1991, scores have visited the Victorian Gothic building. At least 20 unauthorized visitors have been arrested this year alone.

Matthew, a computer technician, said he and his friends never entered the building, but did experience strange sensations on the grounds that he described as "major discomfort."

"Basically, when we were up there, we got the presence," he said. "We felt the energy."

State police arrested Matthew along with Ross X, 34, of West Peabody and Matt X, 24, of Salem, Mass., on Saturday about 6:30 p.m.

State police could not provide records on the number of trespassing arrests they have made at the site. But Danvers police said they have arrested 17 people for trespassing at the hospital this year.

Sgt. Robert Bettencourt said the site's popularity was fueled by Internet rumors and the 2001 release of "Session 9," a film about a haunted hospital that was shot at the site. The film's star, David Caruso, has said he saw something unexplainable pass by a hospital window during the shoot. He called Danvers "the scariest building in America."

"This has been going on for a few years now," Bettencourt said of the uninvited visitors. "Danvers people knew about the place all along, but that movie and the Internet got the word out there."

Matthew said he and his friends often visit sites that are suspected of hosting paranormal activity. He said they undertake their visits with a "critical" atitude, never assuming they will encounter anything unusual.

However, Danvers State Hospital had an undeniable level of activity.

Matthew said he heard faint screaming. Gordon said a leafless tree was another sign of the supernatural.

"In the middle of the courtyard, there was one tree that looked dead, but it wasn't," Gordon said. "And all the other trees were in full bloom."

The men said they are scheduled to be arraigned tomorrow in Salem (Mass.) District Court.

The hospital property is owned by the state and is open for tours once a month.

AvalonBay, a development company, is buying the property for $20 million with plans to build apartments.

10-03-05 "Ghost hunters" arrested in former state hospital By Ben Hellman

State police arrested three self-styled ghost hunters — who were armed with a video camera — inside Danvers State Hospital Saturday night.

Police charged the videotaping trio with trespassing. Charged were: Matthew X, 33, of 770 Martin St., North Andover; Ross X 34, of 3604 Woodbridge St., West Peabody; and Matthew X, 24, of 3 Granite St., Salem.

The men told police they had seen the building in a horror film, said Sgt. Robert Favuzza.

"Can you imagine that?" Favuzza said. "They didn't have anything better to do on a Saturday night."

The men were arrested in the Bonner Building by Trooper Scott Grimes, Favuzza said.

Parts of the old state psychiatric hospital were built in the Victorian Gothic style complete with spires and towers, and has remained a curiosity for ghost hunters, artists and others.. The Bonner Building, built in 1955, appeared in the 2001 horror film "Session 9," starring David Caruso. According to IMDB.com, the actor said he saw something unexplained pass by his window during the filming of the movie.

Interest in the hospital has increased as plans for its demolition are finalized. The property development company AvalonBay is in the process of buying the property for $20 million and plans to build apartments on the property.

9-30-05 Hospital sale could be stalled by legal action By Sally Kerans

Barring a voluntary agreement to delay the sale of the Danvers State Hospital, Danvers Preservation Fund Inc. will file suit in Essex Superior Court next week charging that state agencies failed to enforce applicable laws.

"While my clients would prefer to avoid litigation in this matter, the failure of the state agencies ... leave my clients with little choice but to seek intervention of the courts," Attorney James G. Gilbert wrote in a letter dated Sept. 28.

Gilbert specifically mentioned the Massachusetts Historical Commission, the state Division of Capital Asset Management and the town of Danvers all had failed their obligations to preserve "this important historic site for future generations."

Gilbert said this week that his client will not sue if the state and developer AvalonBay voluntarily delay the sale, due in late October. If no response is forthcoming by tomorrow, he said, the suit will be filed.

An anonymous donation of $10,000, to Danvers Preservation Fund Inc., along with other contributions from people angry over the possible demolition of two-thirds of the closed Kirkbride building, has enabled the non-profit to retain counsel to stop the demolition, said members of Danvers Preservation Fund Inc., which includes current and former members of the town's Preservation Commission.

The hospital closed in 1992. It is listed on the National Register of Historic Places. A multi-year process resulted in rezoning the property for a two-pronged development, including residential on top of Hathorne Hill at the hospital and commercial on the bottom.

Avalon Bay Communites received local and state approval for 433 apartments and 60 condominiums, but won the ire of preservationists by proposing the demolition of two-thirds of the historic Kirkbride building.

The company is scheduled to assume ownership of the property in October. Demolition of buildings would occur in the first phase of the development.

Avalon Bay Vice President Scott Dale would not comment on the suit.

"The process wasn't right," said Kathryn Morano, former Danvers Preservation Commission chairwoman.

"All along, people weren't doing the right thing, from Massachusetts Historical Commission, to DCAM, to the town of Danvers," said Morano. She said the result is "a nondescript, overly dense development that wasn't at all what Town Meeting (members) thought they were voting for when they approved the zoning changes," she said.

Town Meeting approved zoning changes to allow a number of uses on the site.

Morano said she and her fellow preservationists aren't happy about their decision to file suit, but had no choice, since every attempt to enlist state and local support for preserving the site was "stonewalled."

"It was like the (Preservation) Commission was an annoying little wasp that had to be swatted, " she said of the commission's efforts to preserve the site. "Now the hive is agitated, and they have to deal with the whole hive," she said.

Gilbert says the suit will challenge repeated instances where state agencies, including the Division of Capital Asset Management and the Massachusetts Historic Commission, ignored the laws they should have upheld.

"We think there's a significant argument that (these) state agencies failed to follow the statute, and any time that happens, injunctive relief is proper, " said Gilbert. "We think we can convince a judge of that."

If a judge agrees, Gilbert said, development of the site could be delayed until all applicable state laws were complied with.

Decision to sue

The decision to pursue legal action is a major step for the group, which was established in 1994 and is also working to restore the Danvers Plains Train Station. It includes Morano, John Archer, Wayne Eisenhauer, Walter Sherwood and Charles Wilson. Morano said only Wilson opposed the decision to purse legal action.

The group is counting on the widespread appeal which the Danvers State saga has attracted will to continue to translate into financial support of the group's effort, chiefly through its Web site, www.kirkbridebuildings.org.

"I don't think any of us is happy about this," she said. "But there has to be a reckoning."

The Danvers State Hospital was closed in 1992 . Responsibility for its disposition was given to the state's Division of Capital Asset Management (DCAM).

After extensive interaction among state and local agencies and a citizens advisory committee, legislation was passed in 1997 to allow for its sale. While minimum preservation requirements were included, along with provisions for re-use that called for care or housing of people with mental illness, those were largely ignored, preservationists said.

"They literally just ignored key elements written into the legislation to preserve the Kirkbride Building," said Wayne Eisenhauer, a founding member of Danvers Preservation Fund, Inc.

Archstone Development won the bid to develop the site in part because of its stated commitment to preserve the Kirkbride, the signature, neo-Gothic structure on the 77-acre campus which straddles Danvers and Middleton. But Archstone quickly backed away from its commitment to preservation, citing cost.

Avalon Bay was chosen by DCAM to develop the site. According to Avalon's Scott Dale, 105,000 square feet of the Kirkbride will be preserved.

Former Massachusetts Historical Commission member William Tinti of Salem told the Herald, "I think buildings on the National Register should be preserved and not demolished."

9-28-05 Preservationists look to court to block Danvers State sale By Andrew Hickey

A group of local preservationists is preparing a lawsuit that could block the sale of Danvers State Hospital to AvalonBay Communities, a developer.

The suit, expected to be filed within the next few days on behalf of the Danvers Preservation Fund, contends two state agencies failed to follow the law by allowing a historic site to be torn down, said Salem lawyer James Gilbert, who is representing the preservation fund.

"They completely ignored their statutory obligations and a historic structure is now designated for demolition," said Gilbert, referring to the Massachusetts Historical Commission and the Division of Capital Asset Management.

Brian McNiff, a state Historical Commission spokesman, said yesterday he couldn't comment until he sees the lawsuit. The Division of Capital Asset Management could not be reached for comment.

Gilbert said he hopes the suit will prevent the nearly $20 million sale of Danvers State Hospital to AvalonBay or at least open up a line of communication that would lead to preserving the imposing Kirkbride building.

"The ultimate goal is to preserve the historic buildings that are located on this property," he said. "It does appear our only option at this point in time to save these buildings is to initiate litigation."

Gilbert continued: "We think we have a pretty strong argument. We think we can prevent the sale."

The Kirkbride, a quarter-mile-long brick and granite fortress, is the hospital's main attraction. The towers and spires — signatures of the high Victorian Gothic architecture — can be seen from Route 1 and Interstate 95. The Kirkbride has been a draw for artists, filmmakers and urban explorers since the hospital closed its doors in 1992.

In May, AvalonBay received approval to build 419 apartments and 64 condominiums on the site of the shuttered former asylum that has loomed atop Hathorne Hill for 130 years. Under AvalonBay's plans, one-third of the Kirkbride would be preserved. The rest of the Kirkbride and the other 39 buildings on the property would be torn down.

AvalonBay vice president Scott Dale said the company is prepared to close on the 77-acre property by mid- to late October. Demolition could start as soon as Nov. 1. Some apartments could be available by late summer or early fall 2006 and the entire project could be completed by late 2007.

Dale would not comment on the suit yesterday.

Gilbert said when the suit is filed, he will seek a temporary restraining order to put all of AvalonBay's plans on hold for a few days. From there, he will seek a preliminary or permanent injunction that would halt development at Danvers State until the injunction is lifted by a judge.

"We are asking that the commonwealth and the developer agree to voluntarily postpone any sale of the property until the government entities have met their statutory obligations," he said.

John Archer, a member of the preservation fund and one of the most vocal people in the figh