To the editor:
This letter is in response to “Nahant Considers Eminent Domain” (Item, April 16). Nahant’s Board of Selectmen has failed to sit down with Northeastern University (NU) despite NU’s expressed willingness to do so; a public offer of $6 million to mitigate any impacts negotiated under a former board; and a public offer to place 90 percent of the land under permanent conservation protection.
Is that 10 percent worth jeopardizing the town’s future and fighting in courts for years?
East Point has been developed since the 1800s as the site of a grand hotel, a senator’s mansion, a military base, and, since 1966, a home to NU’s Marine Science facility. The town used what is now Lodge Park as a dump into the 1990s.
What NU is proposing does not “destroy East Point.” The views to the ocean would not change. Lodge Park, wide and open, would be untouched. Selectman Antrim would like to see the remaining area “as a public park where people can walk freely.” There is nothing in Northeastern’s filings to indicate it would be anything else. If the board would actually converse with Northeastern, that would be clear.
Also, to be clear, Community Preservation Act funds are a 3 percent surcharge on property taxes. While they are partially matched by the state, it is not free money and does impact residents’ tax bills. Borrowing for eminent domain means those dollars, plus the interest, can’t be spent elsewhere. The borrowing also locks up part of the town’s debt capacity.
In August 2019, two lawsuits were filed between Northeastern University and Nahant Preservation Trust and 28 Nahant individuals (including abutters).
In January 2020, the court decided that the Nahant plaintiffs “have failed to demonstrate they are likely to succeed on the merits of their claims.” Without public deliberation, in July 2020 the selectmen voluntarily put the town of Nahant into both cases as an “intervenor,” exposing the town to legal risks, liabilities and costs. They have pursued “leverage” for negotiation through a wetlands bylaw (narrowly passed, with no practical effect on NU) and a zoning change (narrowly passed, but struck down as illegal by the state).
Through this entire process, the Nahant Board of Selectmen has taken an unyielding position for eminent domain and actively advocated for it. They have issued “cost estimates” to the public that the Advisory and Finance Committee questioned and never approved. The followup consultant’s estimate was questioned, challenged, and never approved, yet is still being cited.
The lowball appraisal summary for the property was only released upon a public records request and fails to consider how Northeastern could value the property. The board has refused to publicly discuss what happens if the final amount is higher than the appraisal, instead just asserting that it is correct and reciting the appraiser’s qualifications. Nahant Preservation Trust has paid $167,481 (as of March 4) for the town’s legal bills under a gift agreement that doesn’t require disclosure.
That amount was discovered only after a public records request. The source and type of “private donations” have not been disclosed. The Finance Committee last week tried to engage Northeastern to get balanced information and was shut down by the town counsel, ironically citing “ongoing litigation,” which the town government joined by choice.
While NU is developing coastal sustainability plans with communities like Boston, Portsmouth, and Chatham, Nahant’s leaders are fighting it.
Even eminent domain under Chapter 80A puts taxpayers at risk. The town of Nahant will owe Northeastern for “damage or loss or expense” under the law even if a purchase never happens.
East Point will remain beautiful and accessible whatever happens. In the meantime, the town’s infrastructure is collapsing, sea levels are rising around this island community, and taxes keep going up. It is long past time to stop seeking “leverage,” abandon a shaky legal strategy, and negotiate a win-win situation.
We are residents with no connection to Northeastern and speak as concerned citizens. We urge voters to defeat eminent domain at Town Meeting.
Ken Carangelo
Nancy Carey
Marcia Divoll
Chris Howard
Ed Lonergan
Michael Manning
Nancy Nicosia
Roger Peterson
David Walsh
Jim Ward
Court cases cited:
Nahant Preservation Trust, Inc. et al v. Northeastern University, MA Superior Court 1977CV01211
Northeastern University v. Nahant Preservation Trust, Inc. et al., MA Land Court 19MISC000390
Both cases combined 2/3/2021 under Northeastern University v. Nahant Preservation Trust, Inc. et al., MA Superior Court 1977CV01503