Authorize the Board of Selectmen to acquire real property at 111 Cypress Street by purchase or eminent domain, and appropriate funds for such purpose

Speicial Town Meeting, November 2017

This article asks Town Meeting to authorize the Selectmen to acquire 111 Cypress Street, a parcel of land near the High School, by eminent domain and appropriate the funds necessary for the acquisition of the property and attendant expenses. The Town has conducted several studies for High School expansion needs that incorporated the 111 Cypress Street property, including the Brookline School Population and Capacity Exploration (B-SPACE) Committee Final Report (September 2013), Brookline High School One Campus Options Presentation (Symmes Maini & McKee Associates, February 3, 2014), Executive Report Further Study Report, Brookline High School (Symmes Maini & McKee Associates, August 3, 2015), 9th Elementary School Brookline Schools Site Identification Study (CivicMoxie, October 2015), and the Brookline High School Feasibility Study (HMFH, June 2017). At its May, 2017 session, Town Meeting approved the expenditure of $1.85 million for further feasibility and schematic design for an expansion of Brookline High School. Included in the option selected by the BHS Building Committee was the acquisition by the Town of the property at 111 Cypress Street in order to construct a building to meet the educational needs of all 9th graders at BHS. The 9th Grade Academy would include classrooms for all subjects, art and music classrooms, a cafeteria and a library as well as collaborative learning spaces.

Town Meeting voted overwhelmingly to authorize the $1.85 million funding to pursue design of the 9th Grade Academy and this article represents the next step in the process of Town Meeting approval for this concept. The Board of Selectmen has determined that the Town may need to acquire the property by eminent domain. The Town has commissioned a professional appraisal, which will form the basis of the Town's Pro Tanto payment for the property - the initial payment made to the Owner following any taking by eminent domain. That appraisal, which will detail what the appraiser believes to be the highest and best use of the property, will be completed by November 1, 2017 in time for Town Meeting. The Board of Selectmen is initiating this eminent domain action now rather than at a Town Meeting closer to the start of construction because we need information about the property to understand fully the funding that will be needed to build a 9th Grade Academy. Since we do not currently own the property, we do not have the right to examine the building and the land for geotechnical and environmental issues. Any budget for the project would need to reflect those kinds of findings. In addition, a tenant (an administrative non-clinical office for Brigham & Women's Physicians Group) is leasing the property and action now will allow the Town additional time to assist that tenant with the relocation process.

Therefore, we request that Town Meeting authorize the Board of Selectmen to acquire 111 Cypress Street, by eminent domain and appropriate the funds necessary for the acquisition of the property and attendant expenses.