By Tracy F. Seelye, Express editor
editor@whitmanhansonexpress.com
WHITMAN – Seeking guidance with legal issues governing property uses and how they may be standing in the way of Whitman’s financial growth were the primary focus of the Select Board on Tuesday, Aug. 20.
More study was necessary after a lengthy discussion of possible alternate uses for the former Park Avenue School – and whether they might be permitted under the rather specific language of the deed gifting the property to the town, as well as direction on proceeding with the host community agreement between the town and Berkley Botanicals [See story, page 3].
Town Counsel Peter Sumner appeared before the board to discuss both issues.
The board listed several ideas, with Sumner saying the question did not need to be settled right then.
“I’m here tonight to find out what, exactly, you would like to do with the [Park Avenue School building] property, as a board, obviously, and we certainly understand that there may be need for further input,” he said.
Sumner said he was not certain he had ever been before the board on issues pertaining to the former school building, Sumner said it has “been percolating” for a while.
The former Whitman elementary school building at the corner of South Avenue and Park Avenue, sits on property acquired by the town in 1949 when it was purchased from George J.J. Clark. A provision in the deed requires the town to use the land “for school purposes only” – the exact words. The town then built the school there but has been closed since 2005-06.
In 2010, the regional School Committee voted to return the school and property back to the town because it was not needed for educational purposes at the time – and would never be needed by the district again.
“Since then, my office has looked into what the town can do with the property, given that the deed says it has to be used for school purposes only,” he said. “There is a little bit of a lack of clarity on that.”
“For school purposes only” may not mean what people think it means in property law,” Sumner said. “There is a significant question about whether it’s a deed restriction and whether the town purchased the property for fair market value or if it was a gift from the donor.”
Sumner said the town counsel’s office has decided the best course of action is to resolve that uncertainty in court “to the extent you want to do anything with the property now or in the future.”
He said it would be in the town’s interest to go to court for a declaratory judgment about what the town’s rights are and, if they don’t have a specific idea in mind for use of the propery it might make sense to wait.
He said his understanding it that the building is decrepit and can’t really be used.
“So it’s really a question of this parcel of land,” Sumner said, listing some possible options for the town to consider:
- argue the land was purchased and the “for school” language in the deed is not a restriction so the town may further dispose of the land as it sees fit; or
- identify a specific purpose for using the property – an option already discussed with the attorney general’s office in an effort to gain their assent – by identifying such a use.
While the AG’s office is not opposed to option B, they would like to hear specific ideas from town officials.
“The more like a school use it is … the AG’s office has signaled they are more likely to support that,” he said. Asked to look into the issue, Sumner said it would help to know what the Select Board had in mind.
Some ideas mentioned by board members on Aug. 20 were:
Vice Chair Dan Salvucci asked of the property could be sold with proceeds going toward the cost of the new Whitman Middle School. Sumner said signals from the AG’s office indicated they could support that.
But Chair Dr. Carl Kowalski said that, while selling the property could fund the middle school, the town would lose control over what the property is then used for.
Select Board member Shawn Kain said he is not interested in selling the property, instead advocated holding onto the property to develop it in a way that could benefit the whole community is important. He asked if cultural and recreational uses, such as an amphitheater could meet the deed requirements.
Select Board member Laura Howe asked if the property could be used for a state police K9 academy with an associated dog pound and dog park.
“We have a dog that works for the town that does an amazing job,” she said. “Animals do an unbelievable amount of work for people.”
She noted that dogs offer unconditional love, and assist deaf, blind, handicapped, elderly and depressed people. Certain breeds are also adept at smelling body chemistry clues that people with illnesses such as diabetes are on the verge of a crisis.
“We live in a very volatile world,” she said. “There’s a lot of community interest in this property.”
She also suggested a successfully run program there could bring in people from other communities.
Select Board member Justin Evans said his “moonshot” idea has always been a community center, bringing the Senior Center, recreation, veterans services all under one roof.
“But we’ve got three ongoing, major building projects, assuming Vo Tech passes in a couple of months, it’s probably not the time to ask for a $20 million community center,” he said, noting the property sits squarely in the half-mile but the town specifically left it out because the town had no interest in selling it a couple of months ago.
Largely untapped community preservation funds could be used to fund an amphitheater, parks, ball fields or something like that could be something to bring to the AG’s office as something that could be done now.