Grafton
The town contends that church leaders have failed to keep their end of a 2016 agreement that grants Peaceful Assembly tax-exempt status in exchange for a commitment to restore its circa 1798 building in the heart of Grafton.
That deal set a December 2016 deadline to make the church weather tight. The roof was then to be shingled, and exterior repairs, aside from windows, were due in December 2017.
By December 2019, the building’s entire exterior repairs, including windows, are supposed to be complete.
But after an initial stage of activity following the January 2016 blaze, which killed church leader and founder John Connell, “the town has not seen any progress of PAC fulfilling its repair obligation for quite some time,” Town attorney Adele Fulton wrote in an Oct. 29 filing in Grafton County Superior Court.
“As far as the town can observe, it appears as if the church building has been abandoned,” she wrote.
The church appeared ready to begin repairs shortly after the fire, with leaders posting news of equipment donations and meetings with timber experts on its website. A GoFundMe campaign also was created and has raised $665 for cleanup efforts.
But renovations seem to have stalled. Now, a large hole in the church’s ceiling is covered by a tarp, and there’s little sign of outside repairs. Neighbors say they’ve seen few upgrades in the last couple of years.
“There’s not been anybody over there,” Sandra Griffin, who lives across the street, said on Tuesday.
Meanwhile, the church argues that despite appearances, the building still is in use. In fact, the congregation “continues and has continued to use the same (property) for carrying out its regular religious activities,” according to a rebuttal written by Concord attorney Seth Hipple.
In his filing, Hipple does not address Grafton’s specific concerns regarding missed deadlines other than to deny that Peaceful Assembly has broken its agreement.
The church, he said, denies any implications that the building isn’t used for religious purposes.
The agreement now in dispute once was heralded by both town and church leaders as the end of a yearslong legal struggle over Peaceful Assembly’s tax status.
Grafton had denied past applications for the church to obtain tax-exempt status, largely because it was not affiliated with an established religious denomination and was founded by Connell, a layman.
At one point, the town estimated it was owed almost $14,000 in taxes and fees.
But the agreement, which was filed in Superior Court, abated that debt on the condition the church agreed to repair the building.
“We’re really excited about it, and even more so in (agreement) with the town and the locals. We’re really glad to be putting this behind us,” David Kopacz, then chairman of the Peaceful Assembly board of directors, said at the time.
Kopacz, a Massachusetts resident who owns a retirement property in Grafton, did not return calls and emails on Tuesday requesting comment on the court case. Selectboard Chairwoman Jennie Joyce declined to comment on the matter.
In its filing, the town said the church has failed to make necessary repairs to make the building safe or purchase casualty insurance, which previously was agreed to. The filing also argues that Grafton attempted to warn Peaceful Assembly that it wasn’t meeting deadlines in a letter to church officers that never received a response.
Because much of the work hasn’t commenced, Grafton says it is entitled to more than $9,400 in taxes and attorneys’ fees that were forgiven as part of the agreement. Meanwhile, the church is requesting that the town’s complaint be dismissed.
A hearing date has been set for Feb. 4.
Tim Camerato can be reached at tcamerato@vnews.com or 603-727-3223.