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Night Owl diner seeks Community Preservation funds for restoration and code upgrades

January 09, 2025 | Fall River City, Bristol County, Massachusetts


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Night Owl diner seeks Community Preservation funds for restoration and code upgrades
Representatives of the Night Owl diner told the Fall River Community Preservation Committee on Jan. 8 that they are seeking Community Preservation Act (CPA) funding to restore the diner's historic stainless-steel cladding, recreate missing neon elements and bring the building's electrical, plumbing and accessibility features up to code.

The committee opened the funding hearing by identifying the Night Owl application as a historic-preservation request for roughly $228,219 in CPA funding. Attorney Joseph Nasirullah, speaking for the applicant, said the primary goal is to prevent demolition and place a preservation restriction on the diner so the structure remains in Fall River even if the property is sold. "We want to make sure that the Night Owl doesn't get demolished," Nasirullah said, adding that his client would prefer to lease and operate the diner but is willing to sell the entire property if necessary.

The discussion focused on three main concerns: whether the requested work is eligible for CPA funds, the sufficiency of competitive bids, and the project's financing and long-term use. Committee member Alex Silvia asked whether the applicant had solicited the required three bids; Nasirullah said many contractors declined because of the building's stainless-steel construction and that only one bid had been received. Silvia also pressed whether other funding was committed; Nasirullah said the application includes a proposal from RFP Development detailing a $586,118 total scope, with CPA asked to underwrite selected items.

Committee members and applicants discussed shifting the CPA-funded line items. Nasirullah proposed replacing $49,918 budgeted for sign restoration with plumbing and mechanical work in the basement, increasing the CPA request from about $228,219 to roughly $235,000 to cover the delta and prioritize systems that allow the building to reopen. Committee members warned that interior mechanical work can be lost value if the diner is later moved, and said preservation priorities typically focus on exterior historic fabric and features compatible with guidance such as the Secretary of the Interior's Standards.

The applicant said the project team is pursuing Massachusetts Historic Rehabilitation Tax Credits and that CPA funds would be used together with private financing; no construction loan had been negotiated. Nasirullah described CPA assistance as a way to "get over that little hurdle" created by building-department requirements (handicap-accessible restroom, plumbing and electrical upgrades) that kept the diner closed for years. He said the owner intends the preservation restriction to keep the diner on city property, and that the owner will record required restrictions at the Registry of Deeds after CPA approval.

Committee members asked for additional documentation before deliberations: a clearer break‑out of exterior vs. interior eligible items, evidence of the single bid and attempts to solicit others, a maintenance plan, and materials documenting the Massachusetts Historical Commission discussions and eligibility. Nasirullah said he would provide the Mass. Historical Commission materials and supporting historic research and said the team can provide data on the diner type's draw and potential lessees.

The committee did not take a vote at the hearing; members said they would deliberate on Jan. 15 and vote at the end of the month. The applicant was told CPA funds are disbursed upon verified completion of funded work and that any deed restrictions would be part of the funding conditions.

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