After an impassioned plea from an attorney defending the Stigmatine Fathers & Brothers against the taking of their 46-acre piece of land through eminent domain, the Waltham City Council voted to oppose the purchase of the land.

Twelve of the 15 councilors voted to recommend denial of the eminent domain request during the Committee of the Whole meeting on Monday, May 15, but the case still needs to go before the full council for a final vote.

Most councilors seemed swayed by the comments from attorney Adam Paton, who said the land is not for sale, and that any taking would be challenged in court.

"The Stigmatines are requesting mercy from the council to put a stop to this nightmare that has been going on for a year and a half," he said.

Litigation threat swayed some

The Stigmatine site was viewed as a potential home for a new Waltham High School, but with the possibility of litigation dragging on for years, many councilors decided against the taking, saying it would only delay the building of a new school.

Diane LeBlanc, president of the council, was one of the most vocal opponents against the taking of the land.

"There will assuredly be a legal battle and those that want a high school in the foreseeable future should not be looking at the Stigmatines," she said.

Councilor Bob Waddick agreed.

"The taking of this site not going to get us a new Waltham High School any time soon," he said.

Fathers claim no ondo plans

Paton added that there are no plans to develop the property, refuting a claim from Mayor Jeannette McCarthy that the owners were looking to sell to a developer interested in building roughly 400 condos.

During the meeting on Monday, Paton said multiple times that the Stigmatie land at 554 Lexington St. was never for sale, but councilor Bill Fowler challenged that statement, since the owners of the site hired Atlantic Management to solicit interest in the property.

Paton said that was done to send proposals to Stigmatine representatives in Rome about what could be done with the site, and what could be provided to the priests.

"We knew whatever we came up with was subject to Rome’s approval," he said.

"’Never for sale’ isn’t altogether true," responded Fowler, one of only three councilors who didn’t vote against the eminent domain taking. "You hired a management property to solicit proposals. Is that not the intent to sell?"

Attorney demands apology from city

Councilors George Darcy and John McLoughan also voted against the measure to stop the eminent domain purchase.

Paton said the city’s plan to acquire the Stigmatine plot has cost the Stigmatines several thousand dollars in legal fees, and has caused "incredible anxiety" among members.

Paton even went as far as to suggest that the recent passing of Father Bob Masciocchi, the director of the espousal center on the site, was in part related to the ongoing stress of the land deal.

"It took a heavy toll on Father Bob," said Paton.

According to Paton, Masciocchi was in the office of a real estate professional when he suffered a stroke, which resulted in his death on April 10.

On top of denying the eminent domain request, Paton also asked that the city issue a formal apology to Stigmatine representatives.

"This whole nightmare of an episode has taken a heavy toll on the Stigmatines," he said.

City solicitor spars with Stigmatine attorney

Paton was harsh in his criticism of McCarthy, who pushed for the purchase of the Stigmatine site, after the entire Waltham School Committee voted in support of examining the site as a potential home for the new high school.

He mentioned the final sentence of a letter to councilors written by McCarthy last week that read, "the Stigmatine Fathers were always going to be provided for."

"I choked on my Cheerios when I read that," said Paton, claiming McCarthy threatened the tenants with immediate expulsion if the eminent domain purchase went through.

"We’re a little bit angry," said Paton. "I think we have a right to be."

Councilor Kathleen McMenimen pushed back on the comments made by Paton, and called on the city’s solicitor, John Cervone, to respond.

Cervone said many of Paton’s comments were misleading or false.

"It was a moving and impassioned general statement to arouse emotions without dealing with the facts," said Cervone, who added that Paton was not involved in negotiations until late last year.

He said McCarthy was not going to evict the tenants immediately, but that provisions were offered to maintain all of the Stigmatine representatives onsite.

McCarthy was not present at the meeting.

Setback for new high school plans

LeBlanc said she remains committed to building a new high school, but could not support the taking of the land.

She even suggested revisiting the former Fernald Developmental Center as a possible place to build a new high school.

One of the limitations at the Fernald is that city used Community Preservation Act funds to buy three-fourths of the land, or roughly 150 acres. The CPA designation does not allow for a high school to be built on that piece of the property. The remaining 50 acres that isn’t protected with CPA funding would be a challenge to build on because of concerns from the state historical commission, which urged the city to find a different site for a new school.

LeBlanc said the city should consider reversing the effects of the CPA funding, opening up other parts of the property for a new school.

The full city council will vote on the final decision regarding the eminent domain purchase, perhaps at their following meeting on May 22. There is no council meeting the following week.

If the Stigmatine proposal is denied, school officials will have to decide whether or not to build a new high school on the current site of the school, at 617 Lexington St., or find a new location, perhaps revisiting the idea of building at the Fernald.