Open Letter to the City

On February 5, 2020, in Latest News, by The Somerville Times

(The opinions and views expressed in the commentaries and letters to the Editor of The Somerville Times belong solely to the authors and do not reflect the views or opinions of The Somerville Times, its staff or publishers.)

Star Market Site/299 Broadway

I have not been able to attend any meetings regarding the Star Market site on Broadway because of my work schedule.

I therefore need to express my opinion, as a Winter Hill resident and as a real estate attorney in Boston, via email that the City’s proposal to take this private property by eminent domain is a gross overstep of power. As a Winter Hill resident, I would obviously also like to see the property occupied, but the answer is not to forcibly take the property from a private owner and hand it over to another private owner whose vision for the property aligns with City Hall’s.

Recent initiatives by City Hall, such as the tree ordinance, have shown that Somerville does not respect private property rights. The freedom and right to private property has been a fundamental right since our country was founded. Just because the City wants to see a large housing development on private property does not give it the right to take said property and hand it over to a new owner who will build what the City wants there. A person’s right to own their property should not be contingent on whether the City thinks that property can be put to better use. Taking the Star Market site is an example of government overreach and intrusion into the lives of American citizens. I would not be surprised if the City comes for my single-family home soon, since a developer could probably cram at least 4 units on the site if they tore the home down.

I am further frustrated and dismayed that I only found out about the most recent meeting on 2/3 at 9:30pm on 2/2. Today, I saw a flyer on the “somervoice” website which was never disseminated to me (further, there was no link to this flyer on the City’s main website – how many different websites do we have?). The 2/3 meeting was from 4-6pm, so it was impossible for me to get there in time from Boston on the T due to rush hour congestion. I was also unable to attend the December meeting due to work commitments. The failure to advertise meetings and inaccessibility for people who work is another issue that adds to my and others’ feeling that the City is only looking for feedback from those it knows already agree with its proposals and agenda. You really should have meetings that last until at least 7pm and have meetings on weekends when those of us who work can actually attend and participate. I would like to remind the administration that you work for everyone in the City, not just those who agree with you.

I am copying the Somerville Times as I want to be sure the press knows the eminent domain proposal is not a slam dunk proposal by the City.

Thank you,

Christina Ricotta Cryts
Somerville

 

9 Responses to “Open Letter to the City”

  1. A Moore says:

    I am in total agreement. They had been talking about that for years. The city wants it’s way, not what the property owner wants. This is America and one should have say on their own property. It is a gross overstep of power. And I say this regardless of what I may want for that site. I believe this will be a battle for along time.

  2. rich V says:

    so true. city out of control. need Market Basket

  3. LindaS says:

    Funny how they make us pay property taxes because it’s OUR house, yet we have to shovel the City-owned sidewalks when it snows or be fined, and apparently can have our homes taken away if the City needs the space, because although we own the house, we don’t own the land it sits on.

    But of course, the City does everything for us, right? The joke’s on us, and it’s not funny.

  4. BroadwayJoe says:

    that’s what happens if you don’t want to play ball with the mayor

  5. joe says:

    Complete agreement.

    The right to property is fundamental. The city has shown little respect for private owners’ rights, and I would encourage the author (being an attorney) to get involved in challenging clear overreaches such as Star Market eminent domain and the tree ordinance. I’d certainly support such action, and more generally would support candidates for Somerville office who are more moderate and certainly mindful of owners’ rights than the current politicians who seemingly run unchallenged.

  6. Villenous says:

    The owner over there has had a couple of decades to do something with that site and has let it go to rot. Give him the boot. Probably some crusty, out of town dude who couldn’t care less. If I let my house fall apart, it would get condemned. Seems like that’s exactly what’s going on over there.

  7. Betty says:

    The owner there has tried to do things with the site, and the city blocked him. There are lots of properties in the city allowed to sit and rot because that’s what the city want, for starters: the city-owned Homan’s Building (got so bad the sidewalk had to be blocked off because it was dangerous), the lot at Somerville Ave. and Park Street, the former strip mall on Washington Street, and the city-owned playground and baseball fields at Conway Park. You can’t refuse permits without valid reason, then after enough time elapses take the property. Because if they can do it there, they’ll do it elsewhere.

  8. A Moore says:

    Yes Betty. When the Star closed the powers that be already had their minds made up to make that a multiuse building. The good part is the owner has the resources to fight this. I commend him being able to fight for his rights. Granted I would like to see a market there like most people in Winter Hill but we know that won’t happen. This fight can go on for many more years. And I hope the owner wins. He has rights. .

  9. Mikey says:

    Since the owner is an attorney she should know that it is probably legal to take this property under eminent domain pursuant to Kelo v. City of New London, 545 U.S. 469 (2005), a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development. The Court held that the general benefits a community enjoyed from economic growth qualified private redevelopment plans as a permissible “public use” under the Takings Clause of the Fifth Amendment. Basically the current owner is leaving a blight and has done for years. I am also an attorney living In Somerville and I am 100% for taking the owner’s property. It’s commercial space, it’s a blight and he has refused to sell for years. Anyway, under the law the city will have to pay him fair market value for the property.