September 28, 2006
To win is divine
By Jeff Lavery
How the Carmelites of Worcester are taking on American Tower Corp.
Brother Dennis Wyrzykowski of the Teresian Carmelites in Worcester has always relied on the power of prayer to create peace and solitude. These days, however, he’s using it for the fight of his life.
While Brother Dennis waits for the day to call 107 Asnebumskit Road home to a new monastery, the rights to the disputed property remain tied up in court.
For now, though, those plans are on hold, and Brother Dennis will have to wait for his day in court. The seller, Boston-based American Tower Corp., a billion-dollar communications firm, is refusing to close on the property amid speculation that the value of the site for wind generation has caused the company to reconsider.
In April of 2005, American Tower signed a purchase and sale agreement with the Carmelites. The agreed upon selling price was $230,000. After placing a $5,000 deposit on the property, the Carmelites came up with the remaining $225,000 in October and presented American Tower with a cashier’s check.
On the scheduled date of closing, however, American Tower asked for a one-month extension allowing the company to "renegotiate" terms of the contract. Ten months later, the Carmelites were quickly running out of funds with no resolution in sight. Brother Dennis alleges the stall tactics were used as a means of draining the Catholic charity’s already limited monies. A lawsuit filed by the Carmelites in December of last year, prevents sale of the land to anyone else. American Tower declines to comment.
Brother Dennis says the official reason for the renegotiations, according to American Tower, is due to another communications firm leasing 2 acres on the site. He
says the Carmelites were told that since Marshfield-based Industrial Communications refused to release the sale, the purchase could not be closed.
What presented perhaps the biggest snag in the deal was the proposed wind generation at the site. Initially, the Massachusetts Technology Collaborative discussed building the turbines with the town of Paxton. The MTC proposed that the town install two 1.5-megawatt sized turbines on the hill. It was later revealed that the site was one of the best in the state for wind generation, and at this point, the fairytale turned ugly. Brother Dennis claims that Steve Brav, in-house counsel for American Tower, told the Carmelites the company "would look like fools if we sold you that property" due to its potential value as a wind generation site. "American Tower wants it out of greed," says Brother Dennis. "We want it out of need."
The wind generation, however, may have become a moot point. The Federal Aviation Administration has dashed hopes of collaboration with the MTC. The FAA claims that the height of the proposed turbines would interfere with airspace. "With any project near an airport, the FAA performs a determination of proposed hazards," says Chris Kealey, spokesperson for the MTC. Both the town of Paxton and the MTC have since withdrawn plans to build turbines on the site. Despite this, Brother Dennis remains undaunted in his goal to create a sanctuary for all.
Brother Dennis: "I’m not stopping until I have the deed in my hand."
Jeffrey T. Lavery can be reached at
jlavery@wbjournal.com
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