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10/04/2016 12:00 AMAs the debate over what to do with the former Academy School marches on, one element that has dominated a fair portion of the conversation may no longer legally be a deciding factor: the deed of Daniel Hand.
The Academy School has been a hot button topic in town since the school was vacated more than a decade ago. Over the past three years, the town had been working with Shoreline Arts Alliance (SAA) to explore the idea of building a cultural arts center and the two parties had signed a letter of intent designed to facilitate further investigation to that end. After discussions with SAA broke down this July, however, the town must now come up with a new plan for the aging building.
At the Board of Selectmen (BOS) meeting on Sept. 26, Town Attorney Ira Bloom of the firm Berchem, Moses & Devlin, shared some new information, which indicated that the deed of Daniel Hand may no longer restrict what the town chooses to do with the building.
According to Bloom, in 1884 Academy School was deeded to the town from Daniel Hand with three conditions: that the property be known as the Hand Academy, that the property would not be allowed to go to waste or used for any other purpose than as an academy, and that the town employ a teacher or teachers to keep the school open at least eight months of the year.
The need to keep the building as an educational center, as specified in the deed, was heavily discussed by town residents and officials over the past few years. However, in investigating the deed, Bloom said he determined that the American Missionary Association, the residuary of the deed, had in fact released the conditions.
“The conclusion was the conditions had been released and that the American Missionary Association had the power and authority to release those conditions,” he said. “The consideration for the release was that the town agreed to name the new high school after Daniel Hand.”
Bloom said while he believes the building is released from the conditions, there are still some uncertainties.
“I think the question is: Are there restrictions at this point that would prevent the town from doing whatever it decides to do with this property?” he said. “We believe the answer is no, there are not any restrictions, but there are some open questions that come in to play simply because this is very old stuff. “
To account for those uncertainties, Bloom said if the town decides to sell the building, the town should encourage any potential buyer to check into the deed independently.
“This is not uncommon when you go back over 100 years and try and follow the chain,” he said.
The town is planning to hold a series of meetings to gather public input on the future of the building. While those meetings have not yet been set, Selectman Joan Walker said she hopes the building can be used to bring economic development to town.
“As far as whether we keep it or sell it, my goal is to bring as much economic development to the town with that property,” she said. “Bringing people on an ongoing basis throughout 12 months of the year to town via this building somehow. Our businesses are hurting...We want to be doing everything we possibly can to develop something that brings economic growth.”