High-stakes hearing: Massachusetts mayor will play to Wynn

By Jordan Graham, Boston Herald (TNS)

Thursday, June 2, 2016 | 2 a.m.

Somerville Mayor Joseph Curtatone says he's ready to do battle with Steve Wynn over the $2 billion Everett casino, as both sides lay their chips on the table in a high-stakes hearing today in front of a state environmental official.

"We're ready to go, we're ready to put our case forward, and whatever will happen will happen," Curtatone told the Herald about today's hearing. "We'll go in there to make an argument, we believe in our argument."

Curtatone and lawyers for Somerville will argue Wynn's Chapter 91 environmental permit for the casino project was issued improperly, without proper environmental reviews. The city also argues the length of the permit — 85 years — is too long.

Curtatone said he would have been willing to discuss a settlement, but he said, "Nobody's called me ... My door's been open; I've made that pretty clear to them and we've said it before, this is not about stopping the casino. This is about mitigating the negative impacts on our community.

"We're abutting a major environmental justice zone; this area is surrounded by this transportation infrastructure, much of it is not sufficient to meet the needs of a growing urban region today, and although Steve Wynn's project is not the cause of the negative traffic conditions that we see in the region today, it will certainly compound them," Curtatone said. "They should have gone through a thorough environmental review prior to a permit being issued and they should have to truly and accurately mitigate the negative impacts of that project."

Still, the hearing may be an uphill battle for Somerville. Any arguments about increased traffic — one of Curtatone's major criticisms of the Wynn project — are not at issue, and the Department of Environmental Protection hearing officer already has dismissed all of Somerville's claims related to increased traffic. The Chapter 91 permit is focused on ensuring public access to the property's waterfront.

Somerville is also arguing that the casino will lead to increased boat traffic, leading to more pollution and strain on its police services.

"We're prepared to go as far as we have to go," Curtatone said. "We're not going to relinquish any legal option we have at our disposal, including appealing any further."

A representative for Wynn Boston Harbor declined to comment.

Somerville's appeal has indefinitely delayed construction. The obscure Chapter 91 permit cannot be officially granted until the appeal is exhausted, and Wynn's proximity to the Mystic River means almost no permanent construction can be done without the permit. A groundbreaking ceremony scheduled for the beginning of April was canceled, and job fairs and the final step of environmental cleanup were delayed.

Wynn announced the delays in a series of publicity stunts, bringing construction workers who will be out of a job until work begins and Everett Mayor Carlo DeMaria out to the empty lot to blast Curtatone. DeMaria at one point called the appeal "politics at its worst," while a statement from Steve Wynn called Curtatone "selfish."

Even before the formal hearing, the legal wrangling has begun. Wynn asked the hearing officer to strike written testimony from one of Somerville's witnesses. Somerville had sought to delay tomorrow's hearing, saying it could not adequately prepare because of the number of Wynn's motions, but the hearing office rejected that argument.

After today's hearing, the two sides will be given a week or two to submit final written briefs, said DEP spokesman Ed Coletta, with a decision expected roughly 30 days later. The DEP's decision can be appealed to state court, Coletta said, although the permit would be granted even if it is appealed.