Press Release


The following article was printed in the Landmark, a local newspaper in the town of Paxton, MA. Please consider contacting the following people below the article under Contact information. Click here for documents including chronology Press Release For Immediate Release—September 12, 2006 (SEE: “Chronology of Events” and backup documents) American Tower Corporation Breaks Agreement to Sell Land for Monastery After it Finds Out Land is worth More for Developing Wind Energy. WORCESTER, MA — A multi-billion dollar radio and cellular tower company has reneged on its agreement to sell a 99-acre site in Paxton to a non-profit religious group that planned to develop an innovative “green” monastery that would also subsidize electricity for low and moderate–income Massachusetts residents. Now the company wants to develop the land itself. American Tower Corporation, which had signed an agreement to sell the land to the Teresian Carmelite order of Worcester last year, has dashed not only the hopes of the small Catholic religious group, but also those of several organizations and the town of Paxton that were planning to use the site to generate wind power, according to Brother Dennis Anthony Wyrzykowski, head of the small Catholic community. According to Brother Wyrzykowski, the reason for American Tower’s change of heart is “pure greed.” After the company agreed to sell the hilly stretch of difficult land for a purchase price of $230,000, the company found out that the spot was, according to the Massachusetts Technology Collaborative (MTC), “one of the best locations for wind energy on land in the state of Massachusetts.” The company then began a long series of “delay tactics” so it could back away from its agreement and develop the site itself. Despite a lawsuit filed against American Tower and a Worcester Superior Court judge’s order preventing the company from selling the land to anyone else, the company refuses to close on the sale and has forced the small non profit to spend thousands of dollars in legal fees, Brother Wyrzykowski said. “This is a real David and Goliath battle,” said Brother Wyrzykowski “but it is a very unfair fight. We don’t have the money they do.” In a feasibility analysis done last year by the MTC, the site appears to have enough wind energy to provide not only power for the planned monastery, but also for 1,000 low and moderate–income homes as part of an initiative by the MTC and NSTAR. The town of Paxton also hoped to draw alternative energy from the site, known locally as Asnebumskit Hill. “They made a deal. We gave them a check for the purchase price and now they want to walk away from that obligation. We know we are right. And they know they are wrong. But they continue to come up with excuses about why they can’t now sell the property,” said Brother Wyrzykowski. For several years, American Tower had tried to sell the land, but there were no takers. At one point, American Tower was seeking $600,000 for the land. But soil tests indicated that the land could not be developed for substantial residential development. The land’s proximity to several radio towers on abutting property and difficult access turned commercial or industrial buyers away. But for Brother Wyrzykowski, the site was ideal for the monastery he has been planning for over 25 years. So the company and the Carmelites signed a purchase and sale agreement on April 30 of last year. Shortly after that, the Carmelites were contacted by the town of Paxton and the MTC about the possibility of developing wind energy. “That added benefit was a gift from God,” said Brother Wyrzykowski. “ I have walked the land so many times and there are places that are very quiet and very sacred there. I had no idea it had such value.” On October 31, 2005, when it came time to close on the property, the Carmelites produced a bank check for the agreed upon price, but American Tower asked for an extension to “resolve certain terms,” according to an email from attorney Steve Brav, one of the company’s lawyers handling the case. About a month later, Ross Elder, a Senior VP of American Tower, contacted Brother Wyrzykowski to “renegotiate” the sale of the property. Elder said that there were complications with an apparent existing lease that would make it impossible for American Tower to close. According to Brother Wyrzykowski, Elder also said that the company “would look foolish” if it sold the property at the agreed upon price because of the potential for wind energy development. After the Carmelites spent nearly nine months trying to find ways to solve the alleged “Lease problem,” American Tower continues to “drag its feet and make excuses about why it can’t solve the lease problem,” said Brother Wyrzykowski. “These people are the professionals. They have all the lawyers. Why has it become so difficult for them to resolve this?” said Brother Wyrzykowski. “I am sorry to say that I think they hope we will just go away so they can develop it themselves.” About The Teresian Carmelites The Carmelite Order has its origins on Mount Carmel in Israel. Today the Order is found on all five continents and its apostolate is as diverse as that of the Catholic Church itself. An outstanding characteristic of the Order down through the centuries has been its readiness to accommodate itself to the needs of the God’s people. Today the Carmelite Order numbers well over fifteen thousand consecrated men and women worldwide (not including thousands of lay associates). The Teresian Carmelites of Worcester were founded in 1971 as a contemplative community of consecrated men, women and lay associates. Similar to most monasteries, they are autonomous from the larger Order. Their goal is to build a “green” monastery and spiritual life center to offer the public a place of prayer, sanctuary, education and renewal. The Paxton site has the capacity for them to build their monastic project and provide for those in need, by offering subsidized electricity. This property “provide[s] the best possible sites for wind turbines in the state,” according to the Massachusetts Technology Collaborative. About American Tower Corporation Formed in 1995, American Tower, a publicly held company (NYSE: AMT), is the premier owner and operator of wireless and broadcast communications sites in North America. Today they own and operate over 30,000 sites in the United States, Mexico and Brazil. Headquartered in Boston, Massachusetts, American Tower has local offices nationwide. Other Contact Information David E. Maglio, Esq. Lawyer representing Teresian Carmelites The Owen Building 101 Dyer Street, Second Floor Providence, RI 02806E mail: DMaglio@Magliolaw.com Work: 401-831-5400 FAX: 401-831-7979 Brother Dennis Wyrzykowski, Prior Teresian Carmelites 30 Chrome Street PO Box 826 Worcester, MA 01604 Email: Broden39@aol.com Work: 508-752-5734 FAX: 508-791-9707 Michael Paris, Esq. American Tower Outside Counsel Nystrom, Beckman & Paris LLP 10 St. James Avenue16th Floor Boston, MA 02116 Email: MParis@nbparis.com Work: 617-778-9100 Personal: 617-778-9128 FAX: 617-778-9110 Steve Brav, Esq. Inside Counsel American Tower Corp. 116 Huntington Avenue Boston, MA 02116 Email: Steve.Brav@AmericanTower.com Work: 617-375-7500 FAX: 617-375-7575 James D. Taiclet, Jr. CEO/Chairman of Board of Dir.; Br. Dennis sent letter American Tower Corp. 116 Huntington Avenue Boston, MA 02116 Email: Anghely.almonte@AmericanTower.com Work: 617-375-7500 FAX: 617-375-7575 Ross Elder Senior V.P. who called Br. Dennis American Tower Corp. 116 Huntington Avenue Boston, MA 02116 Work: 617-375-7500 Personal: 617-585-7701 FAX: 617-375-7575 Martha Broad Manger Renewable Energy Market Massachusetts Technology Collaborative Renewable Energy Trust 75 North Drive Westborough, MA 01581 Email: Broad@MassTech.org Work: 508-870-0312 x. 1254 FAX: 508-898-9226 Dianne Dillman Manger Municipal Light Department Town of Paxton 578 Pleasant Street Paxton, MA 01612 Email: DDillman@PaxtonLight.com Work: 508-756-9508 FAX: 508-754-6080

The following article was printed in the Landmark, a local newspaper in the town of Paxton, MA. Please consider contacting the following people below the article under Contact information.

Click here for documents including chronology

Press Release

For Immediate Release—September 12, 2006

(SEE: “Chronology of Events” and backup documents)

American Tower Corporation Breaks Agreement to Sell Land for Monastery After it Finds Out Land is worth More for Developing Wind Energy.

WORCESTER, MA — A multi-billion dollar radio and cellular tower company has reneged on its agreement to sell a 99-acre site in Paxton to a non-profit religious group that planned to develop an innovative “green” monastery that would also subsidize electricity for low and moderate–income Massachusetts residents. Now the company wants to develop the land itself.

American Tower Corporation, which had signed an agreement to sell the land to the Teresian Carmelite order of Worcester last year, has dashed not only the hopes of the small Catholic religious group, but also those of several organizations and the town of Paxton that were planning to use the site to generate wind power, according to Brother Dennis Anthony Wyrzykowski, head of the small Catholic community.

According to Brother Wyrzykowski, the reason for American Tower’s change of heart is “pure greed.” After the company agreed to sell the hilly stretch of difficult land for a purchase price of $230,000, the company found out that the spot was, according to the Massachusetts Technology Collaborative (MTC), “one of the best locations for wind energy on land in the state of Massachusetts.” The company then began a long series of “delay tactics” so it could back away from its agreement and develop the site itself.

Despite a lawsuit filed against American Tower and a Worcester Superior Court judge’s order preventing the company from selling the land to anyone else, the company refuses to close on the sale and has forced the small non profit to spend thousands of dollars in legal fees, Brother Wyrzykowski said.

“This is a real David and Goliath battle,” said Brother Wyrzykowski “but it is a very unfair fight. We don’t have the money they do.”

In a feasibility analysis done last year by the MTC, the site appears to have enough wind energy to provide not only power for the planned monastery, but also for 1,000 low and moderate–income homes as part of an initiative by the MTC and NSTAR. The town of Paxton also hoped to draw alternative energy from the site, known locally as Asnebumskit Hill.

“They made a deal. We gave them a check for the purchase price and now they want to walk away from that obligation. We know we are right. And they know they are wrong. But they continue to come up with excuses about why they can’t now sell the property,” said Brother Wyrzykowski.

For several years, American Tower had tried to sell the land, but there were no takers. At one point, American Tower was seeking $600,000 for the land. But soil tests indicated that the land could not be developed for substantial residential development. The land’s proximity to several radio towers on abutting property and difficult access turned commercial or industrial buyers away.

But for Brother Wyrzykowski, the site was ideal for the monastery he has been planning for over 25 years. So the company and the Carmelites signed a purchase and sale agreement on April 30 of last year. Shortly after that, the Carmelites were contacted by the town of Paxton and the MTC about the possibility of developing wind energy.

“That added benefit was a gift from God,” said Brother Wyrzykowski. “ I have walked the land so many times and there are places that are very quiet and very sacred there. I had no idea it had such value.”

On October 31, 2005, when it came time to close on the property, the Carmelites produced a bank check for the agreed upon price, but American Tower asked for an extension to “resolve certain terms,” according to an email from attorney Steve Brav, one of the company’s lawyers handling the case.

About a month later, Ross Elder, a Senior VP of American Tower, contacted Brother Wyrzykowski to “renegotiate” the sale of the property. Elder said that there were complications with an apparent existing lease that would make it impossible for American Tower to close. According to Brother Wyrzykowski, Elder also said that the company “would look foolish” if it sold the property at the agreed upon price because of the potential for wind energy development.

After the Carmelites spent nearly nine months trying to find ways to solve the alleged “Lease problem,” American Tower continues to “drag its feet and make excuses about why it can’t solve the lease problem,” said Brother Wyrzykowski.

“These people are the professionals. They have all the lawyers. Why has it become so difficult for them to resolve this?” said Brother Wyrzykowski. “I am sorry to say that I think they hope we will just go away so they can develop it themselves.”

About The Teresian Carmelites

The Carmelite Order has its origins on Mount Carmel in Israel. Today the Order is found on all five continents and its apostolate is as diverse as that of the Catholic Church itself. An outstanding characteristic of the Order down through the centuries has been its readiness to accommodate itself to the needs of the God’s people.

Today the Carmelite Order numbers well over fifteen thousand consecrated men and women worldwide (not including thousands of lay associates).

The Teresian Carmelites of Worcester were founded in 1971 as a contemplative community of consecrated men, women and lay associates. Similar to most monasteries, they are autonomous from the larger Order. Their goal is to build a “green” monastery and spiritual life center to offer the public a place of prayer, sanctuary, education and renewal. The Paxton site has the capacity for them to build their monastic project and provide for those in need, by offering subsidized electricity. This property “provide[s] the best possible sites for wind turbines in the state,” according to the Massachusetts Technology Collaborative.

About American Tower Corporation

Formed in 1995, American Tower, a publicly held company (NYSE: AMT), is the premier owner and operator of wireless and broadcast communications sites in North America. Today they own and operate over 30,000 sites in the United States, Mexico and Brazil. Headquartered in Boston, Massachusetts, American Tower has local offices nationwide.

Other Contact Information

David E. Maglio, Esq.

Lawyer representing Teresian Carmelites

The Owen Building

101 Dyer Street, Second Floor

Providence, RI 02806E

mail: DMaglio@Magliolaw.com

Work: 401-831-5400

FAX: 401-831-7979

Brother Dennis Wyrzykowski, Prior

Teresian Carmelites

30 Chrome Street

PO Box 826

Worcester, MA 01604

Email: Broden39@aol.com

Work: 508-752-5734

FAX: 508-791-9707

Michael Paris, Esq.

American Tower Outside Counsel

Nystrom, Beckman & Paris LLP

10 St. James Avenue16th Floor

Boston, MA 02116

Email: MParis@nbparis.com

Work: 617-778-9100

Personal: 617-778-9128 FAX: 617-778-9110

Steve Brav, Esq.

Inside Counsel

American Tower Corp.

116 Huntington Avenue

Boston, MA 02116

Email: Steve.Brav@AmericanTower.com

Work: 617-375-7500

FAX: 617-375-7575

James D. Taiclet, Jr.

CEO/Chairman of Board of Dir.; Br. Dennis sent letter

American Tower Corp.

116 Huntington Avenue

Boston, MA 02116

Email: Anghely.almonte@AmericanTower.com

Work: 617-375-7500

FAX: 617-375-7575

Ross Elder

Senior V.P. who called Br. Dennis

American Tower Corp.

116 Huntington Avenue

Boston, MA 02116

Work: 617-375-7500

Personal: 617-585-7701

FAX: 617-375-7575

Martha Broad

Manger Renewable Energy Market

Massachusetts Technology Collaborative

Renewable Energy Trust

75 North Drive

Westborough, MA 01581

Email: Broad@MassTech.org

Work: 508-870-0312 x. 1254

FAX: 508-898-9226

Dianne Dillman

Manger Municipal Light Department

Town of Paxton

578 Pleasant Street

Paxton, MA 01612

Email: DDillman@PaxtonLight.com

Work: 508-756-9508

FAX: 508-754-6080