Church files suit over Swampscott school easements
Jun. 29—SWAMPSCOTT — A Forest Avenue church is taking the town of Swampscott to court, saying it was underpaid for easements across its property to build an access road and walkway for the town's new elementary school.
The suit, filed in Salem Superior Court Monday by lawyers for the Unitarian Universalist Church of Greater Lynn, says the amount the town paid to the church was inadequate to compensate the church for the loss in value to its 7.15-acre parcel as a result of the easements, which were obtained by the town through eminent domain in March.
While the amount was not included either in the town's filing with the Registry of Deeds or in the complaint, lawyer Peter Flynn said the church was paid $500,000 for the easements — a fraction of what Flynn believes the church is owed.
He said if the land were to be sold as lots for housing, its value could have approached $12 million or more — but that the easement allowing utility construction anywhere on the property and the location of the access road have diminished its value.
Residents voted last fall to go ahead with the $98 million elementary school project on the site of the Stanley School, which is on Whitman Road. An exit and entrance would be maintained on Whitman Road when the new school is built, but the plan is also to create an exit road to Forest Avenue — which involves traveling over land owned by the church.
To accomplish that, the town decided to take permanent easements, about a third of an acre to build a driveway and 7,893 square feet to construct a walkway.
The town also took a temporary easement to a little more than half an acre during construction.
However, the document filed with the Registry of Deeds in March also contains a provision that should any utilities along the easements need to be moved, the town can move those utilities to any part of the church's land. "Therein lies the problem," said Flynn, one of the lawyers representing the church.
Lawyers for the church say that provision essentially amounts to a "total taking" of the church's property — and that the church is entitled to the fair value of its land.
Flynn said he does not believe the town's appraiser considered the highest and best use for the property — residential lots — when deciding its value.
"What's a (residential) lot in Swampscott going to sell for?" said Flynn. "It's got to be $500,000 to $600,000."
Town Administrator Sean Fitzgerald said he believes the town has acted in good faith at all times.
"The town continues to pray that the Universalist parishioners will work with us to help avoid a drawn-out conflict," Fitzgerald said in response to questions about the lawsuit. "As a community, pedestrian safety and the safety of our children is one of the most pressing concerns and we need this easement to help ensure we mitigate the safety risks."
"The town has based our offer on several good faith factors, including an appraisal," Fitzgerald said. "The town is committed to continuing our work with the church to ensure that we are good neighbors and this easement is completed with minimal impact to the church."
The issue of how much the town would be required to pay the church for the easements had come up during the public debate over the project, but in materials distributed by a group of supporters called "Swampscott Says Yes," the issue was addressed this way:
"The Town and UU church have agreed to work with an independent third-party mediator to address all topics related to the easement, thereby avoiding any use of eminent domain. The budget for the new school, which has been approved by the Swampscott School Building Committee and the Massachusetts School Building Authority, includes ALL anticipated costs of the project, including any costs related to the value of the easement."
The town at the time also issued a statement saying that the two sides had "agreed to resolve details of the easement with the benefit of a third-party mediator. This is important progress, and a key step towards a fair and equitable resolution for all."
A church bulletin from last October said the town had offered $82,500 for the easements and that the church estimated the value at $6 million to $8 million.
Flynn said he wrote to the town on April 27, after the eminent domain taking was recorded, to put it on notice that the church disputed the amount and expressing an interest in working out a resolution. He said he got no response from anyone authorized to negotiate.
"The town has offered a good faith payment for the easement and will be willing to continue to be open to dialogs with the church," Fitzgerald said.
Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis
Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis
