At the Sea Camps, enter Eminent Domain
The big stick is now on the table
Two powerful words hover over the future of the Cape Cod Sea Camps’ major land holdings in Brewster:
Eminent Domain.
For some, eminent domain is the ultimate public power grab; whether you like it or not, the government can seize your private property and send you packing. How can that be in a place called America?
For others, eminent domain is a necessary last resort with a long history, carried out only when a clear public purpose is defined, taxpayers approve in overwhelming numbers, and full fair market value is paid to those bought off.
The prospect of an eminent domain taking for both Sea Camp properties, more than 50 acres running from Route 6A to Cape Cod Bay, around 70 acres on the inland side of 6A to Long Pond, now looms large because the town of Brewster’s leadership wants to buy all of it, and the present owners want to sell – but not to them.
Clearly the Delahanty family thinks it can do better than a $15,215,000 offer for both parcels that the town quietly made in recent weeks. Just as clearly, a better offer is not coming from the Brewster Flats Foundation, a private entity seeking non-profit status formed by Sea Camp alumni who want to save the legacy of summer camping.
Brewster’s eminent domain initiative seems to quash the alumni’s idea. As Selectman Ned Chatelain put it in a recent public meeting, “A residential camp is not likely to succeed and would prevent public access during peak summer months.” That combination, the town believes, “is not in the best interests of taxpayers.”
Even so, Jim Fay from the Brewster Flats Foundation did not sound a discordant note, saying that the “primary mission” of the group is to protect the land from development, and their hope is “to be supportive in a collaborative process.”
The zoom meeting in which these comments were made was the town’s roll-out of plans to move on an eminent domain taking at a special town meeting September 25. A two-thirds yes vote is needed. If that happens, a special election would take place in early October, this time requiring a simple majority.
At that meeting August 17 there was not a single dissenting voice, either in town government or during an hour-long question-and-answer period that followed. Former state Senator Henri Rauschenbach, longtime Brewster resident and for decades a key player in the administration of the Sea Camps, summed up the general sentiment:
“If eminent domain is required, then full speed ahead.”
Neither was there any discussion of “hybrid” solutions, allowing some private development, be it housing or camping, to offset costs in return for public access or amenities on other parts of the land.
Among nuggets:
· For the bigger but lesser valued property coursing to Long Pond, the town has a $1.5 million commitment from the Brewster Conservation Trust, $1 million from Massachusetts Audubon, and $250,000 from the Brewster Water District. The remaining $1.5 million for that piece could come from Community Preservation Act money or free cash, with no long-term property tax impact.
· For the bayside property, a private donor (so far anonymous) has committed $750,000, and Audubon another $1 million. Other potential partners could include the Trustees of Reservations (who fund purchases and already support 27,000 acres in Massachusetts) and the YMCA (perhaps to partner on a community center). As of now, a town purchase would add 20 cents per thousand dollars of valuation to the tax rate; for the average-priced Brewster home of $461,000, that means about $90 per year for decades. If other support emerges, that figure would adjust down.
· Eminent domain is no stranger to Brewster. The town has used it 31 times from 1918 to 2007, including for six public landings and to create the town golf course. At one time the town declined to invoke it for the La Salette property also along the bay; the rejected pricetag was $1.5 million. In 1980 that property became the Ocean Edge resorts.
· Private offers to buy the land are on the table, but details are cloaked by a nondisclosure agreement the town refused to sign. If the town seizes by eminent domain, the present owners can cash the check and still have three years to go to court and contest the price.
· The town would set up a public process to decide what to do with the property if it becomes public. Possibilities include wellfield protection, open space recreation, a public beach, a community center and affordable housing. That range surely helps build broader community support, however some options might preclude others despite the property’s size.
· Should a private developer get the property, one route to maximize return would be to invoke what is known as Chapter 40b, a state law that supersedes local zoning. Building density on the land, provided 25 percent is deemed “affordable” housing, could be increased far beyond existing town regulations.
And now, the lobbying and conversations continue.
To see previous reporting on the Cape Cod Sea Camps situation, beginning on April 30, visit the Voice archives:
NEXT: VACCINATION ‘TRUTHS’ – YEAH, RIGHT
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Hi all, need to let you know that the actual price Brewster is offering for both Sea Camps parcels is more than $20 million; the $15.2 million I noted is for the bay side piece only. Apologies for not getting that right.