SWAMPSCOTT — The Unitarian Universalist Church of Greater Lynn is suing the town for allegedly underpaying for easements taken for the construction of a new elementary school.
Attorney Peter E. Flynn filed suit against the town on behalf of the church on June 24, in the wake of a March Select Board meeting where members voted to take both permanent and temporary easements from the UUCGL’s 7.15 acre property for access to the school. The suit claims that the easements taken by the town are worth substantially more than what they were paid.
In an Order of Taking, the town claimed that they have the right to move utilities anywhere on the church’s property, including land outside the easements. Flynn explained that this could be considered a total taking of the property and thus the $500,000 given to the church is insufficient compensation.
In fall 2021, the town offered the church $82,500 for the land taking, but have since paid the church $500,000. Town Administrator Sean Fitzgerald said the town worked with appraisers to come up with these numbers, but could not elaborate on how. Flynn said the church has accepted the $500,000 pro tanto, but he believes the church is owed much more.
Flynn argued that adequate compensation for the permanent easements would be $5 million or $6 million, and for a total taking, closer to $12 million. These numbers represent the value of residential construction lots that the church would not be able to sell because of the easements.
Fitzgerald said that these “astronomical” numbers surprised him, because they did not reflect what the easements were going to be used for.
“We are essentially talking about an easement. We want to use it for transportation at the beginning and ending of school. We don’t have plans to encumber the property throughout the entire day. The big thing is that we are trying to find a fair value,” he said. “We are talking about an easement for transportation — a parking lot.”
“Swampscott is a town of three square miles,” he continued. “We have a lot of very busy congested roads and neighborhoods. So when we look at the risks to young students and young citizens, we want to do whatever we can to reasonably mitigate the risks for transportation.”
Accordinging to Flynn, he tried to contact the town to resolve the matter outside the court system, including writing a letter. He said the lack of response from anyone authorized to discuss the situation forced him to file suit.
Fitzgerald, on the other hand, said that his door has always been open, both literally and metaphorically. He said that he had reached out to the UUCGL and he would welcome a conversation with Flynn.
“The town intends to be a good neighbor,” he said.
Emma Fringuelli can be reached at [email protected].
