I moved into my home on State Street in 1998. One condition of purchase was acceptance of an exclusive easement on the lower portion of the lot. The easement language read: “for use as a play yard for the First Congregational Church and its congregation.”
This easement was created in 1975 when the church sold my home-to-be to some Mr. & Mrs. By the time I came along in ‘98, I imagined, “No big deal: Sunday school, Bible camp, small preschool.” Children playing can be one of the more pleasant urban sounds.
One year later in 1999, Storyteller Children’s Center expanded its operations from the basement of the First Congregational Church to another church property at 2115 State Street, the house right next door to mine.
The surrounding neighbors were wary of this expansion. Proponents typecast the neighbors as sour NIMBYs who had no love for children. The surge of community support handily overcame the neighbors’ objections, and the Storyteller expansion sailed through.
A Conditional Use Permit was issued in which agreements were articulated to hold Storyteller to its commitments and to offer some conciliation to the neighbors.
Of note was the commitment by Storyteller to provide “a secure, homelike environment,” “aesthetically pleasing, in harmony with the historic character of the neighborhood,” “Sensitivity to height, bulk, scale and architectural style … landscaping and other features compatible with the character of the area as determined by the Architectural Board of Review.” “The residential character of the house to be maintained. No trees or significant vegetation removed,” “Proposed play areas not significantly different from the existing operation.”
A Storyteller board member, all those many years ago, said something quite affecting. “These children without a home will come every day to a home that looks like any other home in this neighborhood. They will have the experience of home and what that means to a child, in a deep way.”
Other agreements were made regarding outdoor playtimes, number of children outside at one time, solid wood fencing to attenuate sound, and abundant trees and vegetation to afford privacy. A liaison would be named for outreach to neighbors, and a parking lot liaison would assist with the morning traffic.
Not every executive director has been guided by the spirit of the CUP although a number have. In 25 years of being a neighbor, I’ve admired their work. I’ve given books and play props. I have received homemade gifts and children’s artwork. Three different directors extended their hand in a neighborly manner and stopped for chit chat on occasion. One stopped by my door when she retired. The children have waved with smiles on their neighborhood walks, and I have waved back grinning. The ethos of the workplace starts at the top.
Sometime in 2023, a church official named Dennis showed up at my door to inquire if I would be willing to donate the easement to the church. Answer was, “No, not without counsel.” He immediately followed with an offer to buy the parcel; my answer was the same. He then walked away.
In August 2023, I was saddened and distressed to wake up to chain saws stripping foliage and cemented 12-foot poles in the easement rising 4 feet above the fence line at the bottom of my yard. Collectively, neighbors sensed the disturbance and word quickly spread.
An overdevelopment of the easement without notice was not only disrespectful, but it also exceeded the scope of the use contemplated by the express language of the easement and even any prescriptive rights the school may have acquired by 25 years of use. It was done assertively as if Storyteller had ownership rights to the property. Only as a tenant of the church do they have use of the easement. According to the CUP, the lower play yard (the easement) would remain largely unchanged.
Not one single communication to me from Storyteller prior to these developments and not one single communication to me from the church since. September 2023, at a neighborhood meeting in the church parking lot with Storyteller and church officials, the church’s financial officer threw up his hands and stated emphatically he knew nothing about the unpermitted construction before him. What an end run!
I’ve lived with the easement agreement for 25 years. I’ve deemed myself a respectful neighbor to Storyteller all those years. Every executive director that has read the 1999 CUP and understands its implications for harmony earns my respect.
I do want the children to experience something truly beautiful in this place, but that will require much better behavior on the part of all the adults involved.