Business owner blames her landlord (Bristol) for shutting down

By Christy Nadalin
Posted 11/30/18

The Byfield School wasn’t in great shape when it last closed its doors to students a decade ago, and not much had changed — until recently.Exterior maintenance and brick repointing …

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Business owner blames her landlord (Bristol) for shutting down

Posted

The Byfield School wasn’t in great shape when it last closed its doors to students a decade ago, and not much had changed — until recently.

Exterior maintenance and brick repointing uncovered some major structural issues that needed to be addressed if the Town of Bristol wanted to keep the historic brick schoolhouse from falling to ruin.

“We didn’t know about these issues until August,” said Town Administrator Steven Contente. “We received a grant from the Champlin Foundation to fix the chimney and repoint the bricks, and then the mason noticed the front of the building was bowing out.”

The construction — and especially what she claims is a lack of communication from Town Hall regarding the construction — has one tenant so frustrated, she’s closing her business and moving out. Maria Grace Furtado is the owner/artist behind Abundance Coastal Designs, which has been open for about two and a half years in downtown Bristol. Now, she claims, the constant construction is driving her out of business.

“Not only has the front entrance been closed for months, but without any notice, they have blocked off the third floor and have been tearing down interior walls,” she said. “It is hard enough to run a small business, and now we can barely go in or breathe in there.”

“I have this feeling that Steven Contente is trying to drive the artists out of the building by making conditions unbearable … I came in one day, and the front of the building is locked, and I ask how long it’s going to take, and I can’t get any answers,” she said. “I came in another day and there was dust everywhere and they were knocking holes in the walls with a mallet. I asked what was going on and the guy told me I couldn’t be up here. But it’s my studio. I’m trying to run a business here.

“Just tell us what’s going on.”

Studio space or retail space?

Ms. Furtado’s assertions about the condition of the building are evident. Paint is peeling, the roof is leaking, and walls are open, revealing pipes and insulation. But, despite conditions that would be intolerable in a residential rental, not all parties involved share Ms. Furtado’s concerns.

At the heart of this dispute seems to be a difference of understanding as to how these spaces were meant to be used.

Artists like Bradley Wester and Dawn Oliveira, Byfield tenants, are grateful that the town recognizes there is a big distinction in both the use of and market for studio space, as opposed to retail space. Both Mr. Wester and Ms. Oliveira made their way to Bristol from New York, where artists are accustomed to making do in one of the most expensive real estate markets in the world. “I have been in some funky studio spaces,” said Mr. Wester, a mixed-media artist and writer. “This is one of the nicest studios I’ve ever had. I’m thrilled that the town is helping artists be a part of this community.”

“We’re not retail businesses,” said Ms. Oliveira, designer and owner of Oliveira Textiles. “Most of the artists in this building are very happy to be here, and happy with our arrangement with Town Hall.”

Mr. Wester credits former Parks and Recreation Director Walter Burke for having the vision to see that the vacant buildings around the Town Common would make great spaces for working artists. A few years ago, when the town sent out a formal RFP for the building, the resident artists responded — and were officially approved, creating the Byfield Art and Design Group.

Town Administrator Steven Contente is trying to strike a balance. “We’re trying to be fair to our commercial property owners, private businesses that may be competing for tenants, but we understand that there is a shortage of affordable space for working artists.”

“We do have to look at this long-term. We aren’t going to kick anyone out, but as there is attrition, we’d like to get more education facilities and trade classes into the space, while slowly raising the rent to make it more competitive.”

Both the town and the artists want to be clear that the Byfield and Reynolds properties are not revenue-negative, or even neutral. “There is revenue generated from these buildings,” said Mr. Contente. “It has been a benefit to the town.”

That said, Mr. Contente is clear that from the town’s perspective, these spaces were never meant to serve as retail spaces. The town is not charging retail rates, nor is it offering retail value. “There’s an understanding that these are individual work spaces, not public, not handicapped accessible,” he said. “Almost all the tenants are okay with this; they know what they’re getting.”

What does the lease say?

Asked about the leases for these tenants, Mr. Contente said, “I’m not sure it (the lease) is that explicit. We didn’t want to be super restrictive. But she (Ms. Furtado) knows that she’s not supposed to be running large classes.”

That was not Ms. Furtado’s understanding when she moved into the Byfield building in 2017. She claims that not only was the town, and building manager Matt Calderiso, aware that her studio also operated as a teaching facility, the lease backs her up, with no restrictions to opening her doors to the public. “He knew I was having classes, and parties, and a fundraiser for the East Bay Food Pantry … they knew it was going to be a studio, with students.”

The lease itself is short, standard, and clear. It states that the lessor (the town) “… shall not be required to provide maintenance and cleaning of interior or exterior common areas.” However, to Ms. Furtado’s point, in no way does it suggest that she should not be permitted to welcome the public into her space, only prohibiting unlawful use of the premises “which would be injurious to any person or property, or which would violate … any ordinance of the Town of Bristol, or which would affect or endanger any insurance on said premises or increase the premium thereof.”

The future

On Nov. 3, Mr. Contente posted a status update on Byfield School which had a somewhat chilling effect on Byfield’s tenants. It details the ongoing repairs, and reads, in part:

“We, and no one to my knowledge, knew that the front of building was in this condition until the mason found it. We have been concerned about disrupting our tenants’ businesses and conferred with our Engineer that we could keep the building open during the repairs. Our tenants have for the most part been cooperative with our building manager and we have strived to accommodate our tenants projects while still be fair to our taxpayers.

“Our tenants know that repairs to the building have been ongoing. They should also know that the building is not handicap accessible and limits their ability to hold public events and programs. Furthermore, the area is zoned residential. There are available storefronts for rent through town as an alternative to what we offer, to include Hope Street. The rooms are affordable work space for artists and craftspeople.

“We are committed to and have been steadily bringing this building back to its former glory and distinction. I will state, however, that the building should at some time be returned to what many of us knew it for, to assist in enlightening and educating our residents and children. The building would make a great setting for Bristol’s former Adult Education Program, early learning classroom space, and for a much needed and talked about vocational training center for local trades. I will be working to that end and will be seeking a committee to help.”

“It’s my decision to close,” said Ms. Furtado. “But I feel it was just the last nail in the coffin. I’m not bitter, I’m just sad.”

“The majority of us never had expectations beyond the gift of this space,” said Mr. Wester. “There’s this really great synergy here. We just hope it lasts as long as it can.”

“My expectation was never that things would be perfect here,” said Ms. Furtado. “Just let us know what’s going on.”

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