Carol Rosenblith, who lives in one of the three Beacon Street homes, the city is considering purchasing to to make room for a larger Zervas School tells the TAB’s Jim Morrison she’s unhappy about the prospect of moving but willing to do it for the good of the community.
“I’m not eager to move, but if this is what the community–not the city government–really wants and needs, then so be it,” Rosenblith said.
Rosenblith said she was told that if the city were to purchase her house, she would have to leave by January 2016.
“I wish the city of Newton well,” Rosenblith said. “I hope they’re going to do the right thing and be happy with it.”
If only more abutters were like Ms. Rosenblith… They should name a section of the school after her.
However, Greg, I sense that she is more “unhappy, but willing”, rather somewhere in between “unhappy to willing.”
Yup. Fixed.
How much are they going to pay her?
Some of the neighbors contacted me not too long ago about the house at 1316 Beacon Street, which apparently is in foreclosure. They were concerned about possible demolition because, although it may not look historically significant, the house was built in 1780.AHv8
Ms Rosenblith,
It’s what the government really wants, but the community ?,.. they apparently don’t have much of a say.
This is a very difficult situation for the home owner because she basically wants to remain in her home and community. She is made to feel guilty by not selling.
For her this could be a losing situation. She may never be able to find a home comparable to the one she lives in now. She may end up somewhere else and be very unhappy with the forced move.
I deeply regret that she is made to sell her home against her better instinct. I do not believe that the community will be better off for forcing her out.
Coleen: where in Jim’s story dies it say “she was made to feel guilty.” Maybe she was. Maybe she wasn’t. But it seems you just made that up.
Not to play the cynic, but I can’t see anyone in this situation saying that she/he is eager/willing to sell. That doesn’t seem like a great response from a negotiating standpoint. Just my 2 cents…
Yes Randy. And how remarkable — and refreshing — that Ms. Rosenblith appears so willing to put her community over her own self interests.
Sorry All, and Ms. Rosenblith. Greg is right. I should have started by saying that it’s wonderful the Ms. Roenblith is willing to put the needs of Newton above her own. I was responding simply from a business standpoint.
A public school in Brookline has a historic house on its grounds. Perhaps the 1780 house could be relocated to another part of the school property: http://www.brooklinehistoricalsociety.org/facilities/devotion/devotion.asp
Who knows why this individual is choosing to move. Maybe she doesn’t want to live next to a construction site for 3 years (know that one), maybe she doesn’t want to live next to a school that will be closer to her home (know that one), and maybe she’s in a home that doesn’t suit her at this point in her life (know that one).
Leaving the family home is a complicated decision and not a happy one, but it can lead to new possibilities and opportunities. Many of my friends moved after their family circumstances changed and I did as well, and we all ended up in a better place for this phase of our lives. This woman doesn’t seem to be devastated by the prospects of moving and we should wish her well in her future.
The article does not indicate that Carol was contemplating a move before the city most likely shared their three options (a direct purchase, friendly eminent domain proceeding, or an unfriendly eminent domain proceeding) with her on March 4th. It would appear she was not given much of a choice. I admire her respectful reaction and comments in handling this difficult situation.
Her house is assessed at $571,000 – if she wants to stay in Newton – will she be able to find a house that is not a tear down for that amount?
Doesn’t seem very fair for this woman who raised her family and has lived there for over 30 years.
John S. re the 1316 Beacon St house.
Indeed maybe it could find a new life on ‘campus’. Properly restored, perhaps relocated with a little SC imagination it might serve as a focal point for school administrative space, or faculty lounge / offices / lunch room or library, or nursing offices, or,… or,..
Eleven residents along Walnut St. and an abutting street near NNHS moved in the two years before construction. In part it was time to go and the project was just the final push, and most admitted that. I was certainly not contemplating a move, but have been very happy with my new circumstances. We don’t know what was presented to this person – the construction site will be very close to those homes and will affect them on a daily basis. It’s a very personal decision.
If the property is assessed at 571K she could get in the mid to upper 700s in this market. Hopefully the appraiser will acknowledge the reality of the current market and give her a price that enables her to buy a comparable property. Prices are crazy right now with most properties selling way over asking, and many selling 80-100K over asking.
And I agree with blueprintbill – the city government thinks this is the right thing. The community not so much, at least based on the “input” I heard at the Zervas open forum.
Our family used to live in the Devotion School district in Coolidge Corner in Brookline. The Devotion House is a treasure. The 1780 house on Beacon Street would require a lot of restoration to bring out its historic character.
She isnt selling it – the city is taking it – IMHO they wont pay her market value. If she were to sell her house than she would have gotten more but i doubt the city considering they told her they could take it by eminent domain will go with the market value but with the assessed value.
If she wants to stay in Newton, what if, instead of buying her house at a non-market value, the city bought a comparably assessed house at market value and swapped it for the one they want to tear down?
@Joanne, the Constitution requires that a property owner must receive “just compensation” for a taking by eminent domain. Massachusetts courts have defined “just compensation” to mean the property’s “fair market value,” which is defined as “the highest price which a hypothetical willing buyer would pay to a hypothetical willing seller in an assumed free and open market.” Epstein v. Boston Housing Authority, 317 Mass. 297 (1944). The rules for exercising eminent domain power are set forth in Mass. Gen. Laws, ch. 79. As part of the taking process, an appraisal of “fair market value” is required unless the owners waive their rights.
Ted,
Of course , after all the abuse this has has had to endure, it would take a few $ to restore,.. but I know, we are not Brookline.
Also given the current favored site plan for the New Zervas, ( which in my estimation is otherwise flawed ), the houses on Beacon Street are key to the anticipated school bussing program and are most valuable in achieving same. Ms Rosenblith is sitting in the cat bird seat it would seem, because the city has prematurely shown its hand. I wouldn’t give it away without a fight. ??
My understanding is there is a process involving negotiation and possible appeal, no? Eminent domain gives the city a clear legal right to purchase the property, but the determination of the price will require an agreement between the city and the seller. An appraiser can give a value, but that can be challenged and the whole affair can be dragged out for quite a while. Remember Crystal Lake? Ms Rosenblith does not need to accept a low number from the city.
Newton has a weak argument for eminent domain as the land would be used for extra parking spaces.
I think the latest site plan has the building partly on the area under consideration. Even if the area were used for parking only, it would be a sufficient reason to invoke eminent domain. The city is legally free to use property taken for any purpose, even to turn it over to a private developer.
Yes, but will the courts find in their favor if the owners took them to court. Could be tied up fpr a long time.
Colleen Minaker — don’t forget that annoying homeowner on Crystal Lake (the one threatening suits over walls, etc) and that Newton was considering taking his house just to make him go away.
A number of years ago, I had a small manufacturing business in Auburn, Maine and the town of Auburn decided they wanted to straighten out “Mechanics Row” (the road I was on) and enlarge a parking lot. So they moved to take the property by eminent domain. Negotiations were brief; they told me the number they would give me. It was unacceptable. I would not have been able to successfully move the business for the price they offered. So, my lawyers got an injunction and the real negotiation started. Ultimately we agreed to a price that allowed me to move the business to a new location and everyone walked away satisfied.
One way or another, I’m sure that the property owners on Beacon Street will receive “Just Compensation”.
Good story Terry. My family has an eminent domain story as well, involving our fair city and just compensation. Many years ago my grandparents owned a fair amount of land adjoining what is now the Oak Hill Middle School where they harvested peat for sale to local farmers and The Country Club. The City took a chunk of land by eminent domain and my grandparents for whatever reason, accepted the decision without a fight – or just compensation. Then, the city installed betterments along the taken land. Then, they billed my grandparents for said betterments. Having added insult on top of injury, my grandparents then pushed back and after a trial, were appropriately recompensed for the land and lost business profits. It was quite the broohaha at the time though, especially back in an era of “you can’t fight city hall”.
How can this city justify building a larger Zarvis School when we are educating children from other city’s at a cost of millions to the Newton Tax Payer. How can this city justify the eminet domain taking when it is not needed. It seems that the city would be violating the rights of home owners to try and take their homes by eminet domain.