Shepherd’s Funeral Home Demolition Proceeds as State 40B Status Limits Local Oversight

Key Points

  • Commission clears demolition of 7 Madakis Street (Shepherd’s Funeral Home) for 40B housing
  • Board reconstructs missing 2020 meeting minutes following Open Meeting Law complaint
  • New Certificates of Appropriateness issued for Quaker Meeting House, Historical Society, and Sewing Circle
  • Commissioners clarify 1900 cutoff and buffer zones for historic district demolition delays
  • New entrance signage and "Historical Home of the Month" web series planned to boost engagement

The landscape of Pembroke’s historic center is set for a significant change following the Historical District Commission’s review of a demolition application for the former Shepherd’s Funeral Home at 7 Madakis Street. The site is slated for redevelopment into a 40B housing project by Weather Vane, featuring 25 percent affordable housing units to meet state regulations. While the building predates 1900—a factor that usually grants the town significant oversight—the project’s status under Chapter 40B effectively shifts jurisdiction to the state.

Chair Jeremy Sigman explained the commission's limited role in the face of the state mandate, noting that while the building is a historical fixture, the town lacks its usual veto power. Sigman told the board, Technically, if it wasn't a 40B, it would be pre-1900 and you would have 100% control over this, but because it's a 40B regulated by the state, we have zero control. He emphasized that the commission’s involvement was primarily to dot the 'i's and cross the 't's for the permitting process. Motion Made by J. Sigman to approve the demolition application for Weather Vane for the demolition of the Shepherd's Funeral Home located at 7 Madakis Street, noting the development is under a Chapter 40B permit. Motion Passed (5-0).

Steven Bristol, representing Weather Vane, provided the board with documentation showing that all other department heads had already signed off on the project. I've been dealing with Peter Delprete most of the time, and he said to come to you folks for the last stamp, Bristol said, adding that the development team is very excited to move forward with the project. Member Rich noted his familiarity with the proposal through his work on the affordable housing committee, echoing the sentiment that the project met the necessary criteria for approval.

The commission also addressed several pending preservation projects funded through the Community Preservation Committee (CPC). Members discussed the need to formalize the "order of operations" for applicants seeking town funds for historic properties. Scott, a member of the board, pointed out that the CPC application explicitly asks for a letter of approval from the Historical District Commission. They should be coming to us for the COA first before it even goes to the CPC. We should try to enforce that, he said. Rich agreed, comparing the desired workflow to the zoning board process: The process really ought to start here with a certificate of appropriateness for the historical work, and then it should go to CPC.

As part of this effort to align with CPC requirements, the board issued three separate Certificates of Appropriateness for local landmarks. Motion Made by J. Sigman for a Certificate of Appropriateness for the Friends of the Quaker Meeting House painting project. Motion Passed (4-0-1). The board also moved to support infrastructure maintenance for the Pembroke Historical Society. Motion Made by J. Sigman for a Certificate of Appropriateness for the Pembroke Historical Society gutters. Motion Passed (4-0-1). Finally, the board cleared the way for structural repairs at the Sewing Circle. Motion Made by J. Sigman for a Certificate of Appropriateness for the Sewing Circle door and roof. Motion Passed (5-0).

In a more unusual turn of events, the commission was forced to "reconstruct" missing meeting minutes from September 17, 2020, following an Open Meeting Law complaint filed by a resident identified as Mr. Spa. Because the original records from that period were incomplete, members had to rely on personal notes and memories to create a compliant record of the proceedings. These are the minutes that were reconstructed to the best of everyone's recollection who was at the meeting, Sigman stated. Rich clarified that the effort was a direct response to the legal complaint, stating, We have reconstructed the meeting minutes based upon notes that people had and recollection, and we are therefore going to be in compliance. Motion Made by Scott to approve the reconstructed minutes of September 17, 2020. Motion Passed (4-0).

A second set of minutes from October 2020 also required attention after it was discovered they were approved years ago but never formally posted to the town’s records. Member Jay, who arrived during the discussion, questioned the procedural necessity of a new vote. If it's already been voted on, why isn't it just posted? We shouldn't have to vote on it; it just needs to be posted, Jay said. To ensure the records were finalized, the board took a new vote to satisfy administrative requirements. Motion Made by Rich to approve and post the missing minutes from October 2020. Motion Passed (5-0).

Looking toward future preservation efforts, the commission debated the technical boundaries of the town's historic districts. Members clarified that the Northern District carries a 300-foot buffer while the Center District maintains a 500-foot buffer. They also confirmed that the demolition delay bylaw applies to any structure built before 1900, including secondary buildings. The bylaw says no building or structure within the historic district shall be constructed, demolished, or altered in a way that significantly affects the exterior, Rich noted. It doesn't matter what the building is—if it's in the zone, it's in the zone. Scott added that for demolition purposes, 1899 and earlier is the cutoff.

To increase public awareness of these zones, Sigman proposed installing new signage at the entrances of the historical districts. While one hanging sign already exists near the Old Washington Street Bridge, the board is looking to purchase three more to mark all entry points. Additionally, the commission plans to launch a "Historical Home of the Month" feature on the town website. Member Judy suggested starting with the Friends Quaker Meeting House, noting she would scan details from the town’s 300th-anniversary book for the inaugural post. I would go with the Friends Quaker Meeting House because it's on the National Registry. Start at the top and work our way down, Scott recommended.