Gardner council backs starting dangerous‑building process for Merrill Memorial Manor after neighbors’ complaints

The Gardner City Council on Sept. 17 directed city code enforcement to consult the city solicitor and begin the city’s dangerous‑building process regarding Merrill Memorial Manor after multiple neighbors described the property as deteriorating and posing safety risks.

Neighbors told the council the former nursing home on Dresden Avenue has been vacant and in “deplorable condition” for years, with falling bricks and an opening in the roof. After listening to residents and a report from the city’s code enforcement officer, councilors agreed to move forward with a more formal legal review and potential action.

Code enforcement officer Chris McNeil told the council the property owner has historically responded to complaints by boarding windows and performing limited maintenance but has not followed through with a redevelopment timeline. McNeil said enforcement options include issuing property‑maintenance citations for specific hazards, pursuing the state’s abandoned‑property route (which would let the city take possession and abate at municipal expense), or invoking the dangerous‑buildings process used previously at 235 Water Street. He said the city does not want to take ownership of the property and prefers targeted enforcement where possible, but that "there are some soffit falling off the building... It could land in the sidewalk."

Residents pressed for faster action. Robert Munier, who identified himself as a Dresden Avenue resident and the author of the neighborhood letter that prompted the review, said the building’s condition has “deteriorated to such an extent that it now presents a safety hazard,” citing loose chimney bricks and children playing nearby. Another resident, Robert Peabody, urged the council to use the dangerous‑building statute now and read portions of the statute into the record, saying the municipal officers “may make and record an order... prescribing what disposal must be made of the building.” Helen Stevens, a neighbor, and others told the council they have observed repeated deterioration and trespass at the site for decades.

Council members discussed alternatives including continuing enforcement under the property maintenance ordinance, drafting a derelict‑buildings licensing regime that would impose escalating fees, or initiating the dangerous‑building declaration that can lead to condemnation and abatement if the owner fails to act. McNeil described a draft ordinance that would require licensing of derelict structures and a fee that could double annually to encourage remediation.

After public comment, Councilor Rusty Greenleaf explicitly asked staff to confer with the city attorney and explore Peabody’s recommended path; Councilor Greenleaf’s motion was supported by other councilors. Following discussion the council signaled unanimous support to have code enforcement and the city solicitor pursue the next steps. McNeil said he would remain the point person for enforcement and for informing neighbors. "I will reach out to the attorneys tomorrow morning, and start the process," McNeil said.

The council also asked that notices and any formal agenda items associated with the dangerous‑building process be made public so neighbors can follow progress. McNeil and other staff noted a separate derelict‑buildings ordinance is under active development and could create additional enforcement tools in the future.

Background: The property formerly operated as a nursing facility; neighbors said it has stood vacant for roughly two decades and that previous limited repairs have not resolved structural and safety concerns. Councilors and staff emphasized that some enforcement actions — such as timelines to repair specific safety hazards — are already available under the city’s property‑maintenance code, while a dangerous‑building declaration is a more drastic, formal legal step that the council would have to authorize.