Reaction to the decision
Following the adjournment of the meeting, Historic Commission Chairman Josh Randall told the board that it “has not conducted its elected duties in a proper manner.” Asked following the meeting if he had a comment on the board’s action, Randall said, “not that you could print.”
Randall did say that the process could have been done differently; there are provisions in the historic preservation law that can deal with hardships to property owners short of denying the designation outright, he said.
Commission member Michael Sullivan Smith said the commission had worked hard to establish the factual base for its decision, and “we did more education to the community than they did, and I would have thought the responsible party would have been respected.” The commission tried to arrange a meeting with the Opus 40 owners and board, “and they didn’t respond to it,” he said.
Smith wrote that failure to designate the property surrounding the sculpture shows ignorance of the conditions and materials that brought about its creation by the late Harvey Fite. “What kind of message does that send – that as far as they’re concerned you can duplicate Opus 40 with faux bluestone panels like at the village’s Diamond Mills conference center and put it in Las Vegas or Disney World?”
Smith wrote that the decision shows the board doesn’t understand its own Historic Preservation Ordinance and should learn more about it before making decisions.
Harvey Fite’s stepson, Tad Richards, said he is pleased with the board’s decision not to designate. “We prefer it that way,” he said.
While some members of the new not-for-profit that hopes to purchase the property and operate it have spoken of a new interpretive center for the arts, Richards said there are no immediate plans for improvements. However, a future addition could have been hindered by historic designation.
Opus 40 is unique, Richards said, and “much of Opus 40 is outside the realm of historic designation because of its uniqueness.” In general, Richards praised the commission for its work in maintaining Saugerties’s historic character, and said he appreciates the work they put in. However, “Opus 40 is part of the history and culture of this region, but it has no historic precedents to judge it by as a stone house does.”
Randall dismissed the idea that property rights are paramount, noting that government places many limits on property rights, such as zoning, taxes and many others.
Randall has said the Historic Review Board became concerned about the future of Opus 40 when it was placed on the market in March 2010 with an asking price of $3.5 million. Since that time, a new not-for-profit organization, Committee for Opus 40 Museum Inc., has been formed to raise money to purchase the property for a price based on appraisals. Part of the property is currently owned by Richards and part by a not-for-profit, Opus 40 Inc. Of the five parcels that make up Opus 40, Richards owns two – the 1.75-acre that includes his house and immediate surroundings, and another 13-acre parcel of mostly undeveloped land that includes the back parking lot. The remaining lots, which belong to Opus 40, comprise about 60 acres.
