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City commission overturns historic commission denial for demolition at 309 E. Fifth St.
Summary
The Newton City Commission voted to override the Historic Preservation Commission—and allow demolition of a vacant house at 309 East Fifth Street, owned by a federal home loan program. The state historic preservation office will have 30 days to comment before a demolition permit can issue.
The Newton City Commission voted to overturn the Historic Preservation Commission's denial and grant the applicant permission to pursue demolition of the house at 309 East Fifth Street.
City staff told the commission the property is owned by a federal home loan program and that the Historic Preservation Commission unanimously denied a demolition request at its May 5, 2025 meeting because state preservation law requires denial of proposals that would destroy a historic resource. Rebecca (Historic Preservation Officer) explained the appeal process and said the commission's override triggers a 30-day review period by the State Historic Preservation Office.
An applicant representative who works on Freddie Mac REO properties told the commission the building has "structural failure of the basement," active water intrusion and asbestos-containing materials, and that the owner "cannot market this property in its present condition." The representative said demolition and asbestos abatement bids would cost about $60,000, while estimates to repair the house to marketable condition were roughly $320,000.
Staff and the applicant discussed options for marketing the property "as is" and for potential sale to a land bank or nonprofit; the applicant said Freddie Mac's internal policy generally prevents it from selling the house in its current condition. The Historic Preservation Officer noted that while the house is listed as a noncontributing resource, it is nonetheless inside the McKinley Residential District and that any demolition reduces the district's overall integrity.
Commission discussion focused on whether anyone else might rehabilitate the property and whether a future buyer could change the property's contribution status. The commission made a motion to overturn the Historic Preservation Commission decision; the motion was seconded and carried. Staff will draft and send the required notice to the State Historic Preservation Office and wait the 30-day review period. If the state does not object within that time, the applicant may proceed with demolition permitting and state-required asbestos removal procedures.
The commission recorded no named roll-call votes in the meeting transcript; the chair called for those in favor to say "aye," heard no recorded opposition and declared the motion carried. The applicant confirmed there will be no cost to the city for demolition and that asbestos-containing material removal will follow state permitting and contractor certification requirements.
Background: Staff told commissioners the property had not been occupied since 2020 and is located in the McKinley Residential District. The Historic Preservation Commission had recommended denial under applicable state preservation law because the house is in the district; the city commission's override starts the next step in the statutorily prescribed review.
What happens next: City staff will notify the State Historic Preservation Office of the commission's action; the state has 30 days to respond. If the state raises objections, its response could alter or delay demolition; if it does not respond, the commission's decision stands and the applicant may proceed with asbestos abatement, utility disconnections and demolition permitting.
