Court denies request for repairs, lodging

By Mary Carey
Staff Writer

Published on November 09, 2007

A Springfield Housing Court judge decreed on Wednesday that the town does not have to pay to fix a Shays Street house or provide its would-be owner with lodging and food.

The court did rule, though, that David Keenan, of 28 Shays St., must let a wiring inspector inspect the property.

"Authority was served, but justice was not," a dejected Keenan said by phone after his most recent hearing in court on Wednesday. He would not comment further, except to say, "It's all over now."

James Masteralexis, the town's attorney in the matter, said Keenan would get the formal documents in a few days, verifying that he has won back his house from foreclosure, since he had paid $63,243 in back taxes and fees in September. The Boston Land Court officially "vacated" the foreclosure on Tuesday.

"I think this will bring this matter to a close," Masteralexis said. "The repair of the home is now in the purview of inspectional services of the town of Amherst, and they'll coordinate with Keenan concerning the repair."

Last Thursday, Keenan was ready to be arrested, before allowing inspectors into the 28 Shays St. property. He said it wasn't part of the agreement that the town and he had forged in court this summer, leading Masteralexis to seek and obtain a search warrant.

But Police Chief Charles Scherpa convinced him to let the inspectors inside without incident, and they declared the house uninhabitable. Trusses necessary to hold the roof up had been removed, Masteralexis said.

Keenan maintains that he has been singled out for unfair treatment. "I believe a drug dealer would have more privacy and quiet enjoyment of their property than I've had," he said as the inspectors toured the house.

The saga

It was the latest installment in a long-running saga involving Keenan, the house and the town. When Keenan acquired the property for $2,500 in 1994, taxes were already owed on it, and there was an oil spill in the yard that the Department of Environmental Protection has ordered cleaned up.

Keenan has maintained for years that he tried to clean up the spill and fix the house, but that the town withdrew the permits it issued to him to do so.

Masteralexis said the reason is that Keenan hadn't paid his taxes.

Several of Keenan's supporters were at the house observing what transpired, including his neighbor, Laura Quinn, of 151 Shays St.

"My concern about this is it seems to be personal," Quinn said of the town's response to Keenan. "All that his friends and neighbors want is fair treatment, so he can fix up his house and move on."

Jeff Wood, who met the embattled would-be homeowner years ago when Keenan was briefly a Select Board member, said town officials should meet with Keenan, his supporters and detractors, publicly, and hash out an agreement.

Wood suggested there should be more transparency in town government. "The procedure for not only giving permits but taking them away should be explored," he said.

Mary Carey can be reached at mary.carey@att.net.