[MassHistPres] the Meditech controversy

Fri Jan 13 14:09:51 EST 2012

Sharing this email I received from another list in case it is useful.
kj

Please take a few minutes to call not only the Committee members but your
own Legislators to register your opposition to Senate Bill 2053. The
scariest part is the dip back to any previous Historical Commission
decisions in a 40B project.

If your town was one of the ones that supported repeal in the 2010
election, remind your Legislator of that fact. Also remind any one
contacted that almost a million voters have voted for 40B reform and this
type of Bill is another reason why.

*This is in Senate Committee right now.It is being chaired by
Senator Donnelly.  Please call his office and Nyman, Hedland to oppose
approval of this.  This bill has to be backed by developers.  Please pass
this on and ask that they call.  Again it is Senate bill S02053.  Thank you.
*
*IMMEDIATE ACTION ALERT*

ATTEMPTS TO GUT THE MASSACHUSETTS HISTORICAL COMMISSION AND YOUR CHILDREN'S
HERITAGE

Senate 2053, seehttp://www.malegislature.gov/Bills/187/Senate/S02053, is a
bill that would reduce the Massachusetts HistoricalCommission's (MHC)
review of state projects that have an adverse effect on historic properties
(buildings, districts and sites) that are in MHC's Inventory but not yet
listed in the State Register of Historic Places, by permitting the project
proponent to ignoreMHC's recommendations for preservation or mitigation.
The bill would also be retroactive to any previous project reviews that MHC
has done in the past.

We need an immediate response from everyone on this issue as the bill may
be heard next week. This is your children's heritage which the MHC has
worked to protect since its inception. Do not let the politicians determine
your heritage - let the science of anthropology and archaeology do its job!!

The bill is presently in the Joint Committee on State Administration and
Regulatory Oversight. Opposition (letters, email, and phone calls) should
be directed to the two chairmen and your local state senator and
representative. See http://www.malegislature.gov/Committees/Joint/J25 for
committee contact information. The two chairmen are Senate Chair Kenneth J.
Donnelly and House Chair Peter V. Kocot. The two Vice Chairmen are Senate
Vice Chair James T. Welch and House Vice Chair James M. Murphy. Senate
Committee Members include: Susan C. Fargo, John F. Keenan, Michael J.
Rodrigues, and Bruce E. Tarr. House Committee Members include David M.
Nangle, Michael D. Brady, Jason M. Lewis, James J. Lyons Jr., Kevin Agular,
Kate Hogan, Edward F.Coppinger, and Steven L. Levy

See http://www.malegislature.gov/People/Searchfor your local state senator
and representati

---------------------------- EOM ------------------

On Fri, Jan 13, 2012 at 11:34 AM, Joseph Larson <larson at tei.umass.edu>wrote:

> The legislation filed as a result of the MediTech controversy, if passed,
> would cripple our on-going efforts to get the UMass Amherst campus to make
> timely compliance with the existing requirements to file with MHC before
> making a final selection of a new building site that directly impacts
> historic resources. I don’t know what we can do on this issue except say
> that we fully oppose the legislation.****
>
> ** **
>
> ** **
>
> Joseph S. Larson, Ph.D. '56 G58****
>
> Corresponding Secretary****
>
> Preserve UMass****
>
> 27 Arnold Road****
>
> Pelham, Massachusetts 01002-9757****
>
> 413-256-8256****
>
> ** **
>
> ** **
>
> *From:* masshistpres-bounces at cs.umb.edu [mailto:
> masshistpres-bounces at cs.umb.edu] *On Behalf Of *Electa Tritsch
> *Sent:* Friday, January 13, 2012 10:53 AM
> *To:* 'Dennis De Witt'; 'MHC MHC listserve'
> *Subject:* Re: [MassHistPres] the Meditech controversy****
>
> ** **
>
> Dennis –****
>
> Thanks for giving us a heads-up about the CommonWealth article on MHC/
> Meditech/ Freetown. It was fascinating and raises a number of issues that
> have been brewing for a long time. While you are clearly right about the
> article’s one-sidedness, I found the slant instructive, as I tend to hear
> only the preservationist’s concerns and I know how understaffed,
> underbudgeted, overworked and swamped in paper MHC is.****
>
> ** **
>
> The proposed (threatened?) legislation to restrict the Commission’s aegis
> is predictably short-sighted. On the other hand, I would be hugely
> supportive of some form of government action that would triple the
> community outreach capacity of MHC (thank you Chris Skelly) including
> timely interaction with industrial developers such as Meditech and an
> emphasis on preservation problem-solving.****
>
> ** **
>
> As to the site in question… if I am right about the photo in
> CommonWealth’s article, the view is of Watuppa Pond, likely in the vicinity
> of one of the Bay State’s few post-1676 Indian reservations – an area rife
> (as they say) with pre- and post-contact archaeological potential but
> extremely short on survey and planning, which unquestionably deserves
> careful handling by all concerned.****
>
> ** **
>
> Electa Kane Tritsch
> Director, Oakfield Research
> 233 Heaths Bridge Rd
> Concord MA 01742
> 978-371-2128
> www.oakfieldresearch.com
> ****
>
> -----Original Message-----
> *From:* masshistpres-bounces at cs.umb.edu [
> mailto:masshistpres-bounces at cs.umb.edu <masshistpres-bounces at cs.umb.edu>]
> *On Behalf Of *Dennis De Witt
> *Sent:* Thursday, January 12, 2012 6:38 PM
> *To:* MHC MHC listserve
> *Subject:* [MassHistPres] the Meditech controversy****
>
> ** **
>
> There is an extraordinarily long article in the current on-line version of
> CommonWealth Magazine which uses the Meditech controversy to air every
> possible complaint of the development community about the MHC impact review
> process.  Needless to say no comments were gathered from the advocates and
> defenders of those historic neighborhoods, buildings, and archaeological
> sites where potential development effects have been mitigated.  The article
> is far too long to quote in full but those interested can find the whole
> thing at: ****
>
> *
> http://www.commonwealthmagazine.org/News-and-Features/Features/2012/Winter/003-Historical-roadblock.aspx
> *****
>
> Curiously, pared down by about 50%(!) the remaining parts of the article
> treating the specific Meditech issue are somewhat more balanced.  It makes
> it clear that the dispute is, at this point, immediately resolvable and
> thus, whatever went before, is now being artificially sustained.  But left
> unresolved the issue may be a convenient tool to attempt to force thru a
> piece of legislation greatly favored by development interests.  The full
> one-sided, article also feels like part of such a plan.****
>
> Dennis De Witt****
>
> Brookline****
>
> ** **
>
> *Peace summits are* preceded by battles. And as far as Beacon Hill turf
> battles go, the one that necessitated the November sit-down inside
> Secretary of State William Galvin’s offices was a doozy. The spat featured
> months of political gamesmanship and strident accusations. Among the
> highlights: State Sen. Michael Rodrigues threatening to legislatively gut
> one of Galvin’s agencies; one of Galvin’s top deputies curtly declining to
> answer any and all inquiries from Fall River-area legislators; and Ken
> Fiola, director of Fall River’s economic development office, calling
> Galvin’s employees liars in the Boston Globe.****
>
> The blow-up centered around an office park development on the
> Freetown-Fall River border, and which hurdles that the park’s developer,
> the Westwood-based medical software firm Meditech, should or shouldn’t
> have to clear before getting Galvin’s blessing to break ground. Local and
> state officials strongly backed the proposed 186,000-square-foot office
> building, which would have brought 800 new technology sector jobs to a
> region struggling with the highest unemployment rate in the state. The
> project passed its state environmental review in August, but it couldn’t
> proceed without the say-so of the Massachusetts Historical Commission,
> which answers to Galvin. Frustration with the commission escalated into an
> increasingly heated war of words, culminating in the State House peace
> summit. ****
>
> The two sides spent an hour and a half talking inside Galvin’s
> wood-paneled offices on the third floor of the State House. They all made
> happy sounds when they emerged. “It went very well,” says Rep. Patricia
> Haddad, the powerful legislator brokering the talks. “There were some good
> exchanges.” Looking back at the meeting, Galvin says he expected that the
> standoff with Meditech would be resolved within days. ****
>
> Yet no resolution came. Instead, Fiola fired off a letter to the state’s
> economic development secretary a week after the summit, saying the office
> project was dead, and Meditech was likely to expand out of state unless
> the Legislature passed a law exempting the Freetown office development
> from Galvin’s oversight. It was a bitter end to a project that had been
> touted as a game-changer for the economically depressed Fall River region
> just months before.****
>
> . . .  it’s unclear whether Mass. Historical deserves all the blame for
> the Meditech fiasco. *CommonWealth *reviewed hundreds of pages of
> government documents related to the deal as well as email correspondence
> between most of the major players and found ambiguity on both sides.
> Meditech’s abrupt decision to walk away from the deal remains unexplained.
> The firm’s refusal to comment, except through a Fall River city official,
> is bizarre.****
>
> Haddad is stumped. “Both sides very much think they’ve done everything the
> other side wants them to do, and we can’t find the words to bring them to
> the same place,” she says. “The gap isn’t that wide, but it’s deeply held.
> For somebody who talks for a living, I’m at a loss.”****
>
> . . . Mass. Historical doesn’t have a formal veto over development
> projects. The agency can only convene what it calls a consultation
> process—a series of meetings aimed at avoiding or mitigating negative
> effects on historic properties. In practice, though, this review has a hard
> edge to it. State agencies aren’t allowed to issue any permits until Mass.
> Historical has completed its consultation, so a disagreement with Mass.
> Historical can put a development project on hold indefinitely. It’s rare
> that a dispute with Mass. Historical buries a development project
> altogether. But development professionals in the private and public sectors
> routinely complain about projects getting stuck in the agency’s bureaucracy.
> ****
>
> . . . Last April, James Karam shot an email to Patrick’s chief of staff,
> Mo Cowan. Karam told Cowan the software firm Meditech, which has a large
> presence around the Route 128 belt, was in the early stages of securing
> permits for a major expansion on industrially zoned land along the Taunton
> River in Freeport just outside Fall River. It would be the company’s second
> facility in the South Coast. Karam hoped that someone in Patrick’s office
> would place a call to the company, thanking them for their in-state
> expansion and offering to help steer them through the permitting process.*
> ***
>
> By July, Karam was emailing Cowan for a different reason. Meditech was
> cruising through its state environmental review, but had run into a
> roadblock at Mass. Historical. Meditech’s CEO had “a tough situation on
> his hand with Mass. Historical and Sec. Galvin,” Karam wrote.
> “Unfortunately they move at their own speed and by their own rules.”
> Shortly after, Patrick emailed Bialecki. “Greg,” the governor wrote, “Can
> you help get this expansion project in Fall River back on track?” ****
>
> . . .  without Mass. Historical’s approval, Meditech couldn’t get the
> state permits it needed to begin work on its office building. On the same
> day that it completed its MEPA review, Meditech’s vice chairman, Lawrence
> Polimeno, called the governor’s office and said the standoff with Mass.
> Historical would force Meditech’s expansion out of state, according to an
> email summarizing the discussion. Despite that call, the governor’s office
> issued a press release trumpeting the expansion; two days later, Meditech
> issued its own press release, saying it was abandoning the project.. . . .
> ****
>
> . . .  Fiola, the Fall River economic development director, says Meditech
> is scouting for a new home out of state, but the company has given him
> until the start of the construction season to try to solve the Mass.
> Historical standoff. “It’s working in our favor that it’s winter and they
> can’t build right now,” he says. ****
>
> The 140-acre Meditech property is tucked off Route 24 in Freetown near a
> huge Stop & Shop distribution facility. Dirt bikers ride the trails winding
> through the land, which offers spectacular views of the Taunton River. Old,
> abandoned stone walls and two tiny cemeteries from the 1800s are in the
> area, overgrown with vegetation. ****
>
> The standoff between Meditech and Mass. Historical originally centered on
> how much digging Meditech had to do before Mass. Historical would let the
> office building construction begin. Meditech’s Freetown site was an active
> Wampanoag gathering place for thousands of years. Mass. Historic believes
> Meditech’s construction crews would likely unearth Wampanoag gathering
> place, including unmarked graves. ****
>
> That’s as much as the two sides agree on, though. When Meditech publicly
> abandoned the project in September, the company said Mass. Historical
> wanted it to excavate and sift through 21 acres of land looking for
> Wampanoag artifacts—a prohibitively expensive exercise. Fiola maintains
> this was an oral instruction from the historical commission. “How do you
> expect anyone to invest $65 million without having that in writing?” Fiola
> asks. He alleges Mass. Historical went into hiding, dodging Meditech’s
> calls from June until October, when state Sen. Michael Rodrigues filed a
> bill to drastically reduce the agency’s reach. ****
>
> Galvin counters that there’s “no factual basis” for the claim that Mass.
> Historical ordered Meditech to dig up 21 acres worth of land. “Acreage was
> never the big issue,” he insists, accusing Meditech’s backers of “spewing
> misinformation.” ****
>
> Incredibly, there’s nothing in the public record that confirms either
> side’s claim. A June letter from Mass. Historical speaks obliquely about
> “additional locational testing,” while an August letter references “topsoil
> stripping for limited portions of the project construction impact area.” In
> late October, Rodrigues and several other Fall River area legislators asked
> Simon to put the extent of the required work in writing. Galvin’s office
> rebuffed this inquiry. In a November letter to Bialecki, Galvin says Mass.
> Historical recommended excavating and sifting “less than one acre.” That
> letter was the first time a hard excavation number appears in any public
> record created by Galvin or Mass. Historical. But Meditech’s frequent
> complaints about Mass. Historical don’t specifically mention the 21-acre
> demand, either. That detail only began circulating after the company pulled
> the plug on the Freetown project. Galvin now says the absence of any
> mention of the 21-acre excavation demand while the project was still alive
> is “pretty persuasive” evidence that it wasn’t a real demand. ****
>
> It’s not clear whether Mass. Historical has retreated from an unreasonable
> demand, or whether the demand never existed. What is clear is that both
> sides now agree that the scope of the digging for Wampanoag artifacts on
> the Meditech site would be quick and limited, and would cost $97,000.
> Everybody at the November meeting in Galvin’s office agreed to this. Fiola,
> acting on Meditech’s behalf, committed to applying for a Mass. Historical
> excavation permit within two days. ****
>
> Instead, however, Meditech’s archaeological consultant emailed Mass.
> Historical, saying Meditech had instructed the firm “not to send the
> proposal until further notice.” The reversal surprised several meeting
> attendees, who thought they were trying to sort out a spat over excavation
> acreage. They’re now dealing with a turf war. ****
>
> According to Fiola, who has been acting as Meditech’s proxy in
> negotiations with Galvin, Meditech has now dug in. “Mass. Historical’s
> behavior to date has been disingenuous and untruthful, and Meditech didn’t
> feel comfortable moving forward with them,” he says. Meditech’s own
> archaeological consultant believes there are Wampanoag artifacts on the
> Freetown parcel, but the company is insisting that because its site isn’t
> on the State Register, Mass. Historical has no oversight. The company,
> Fiola says, is awaiting the passage of legislation that would strictly
> limit Mass. Historical’s authority to State Register properties. Rodrigues,
> author of this legislation and a previously outspoken Meditech backer, did
> not return several calls for comment. Nor did Meditech executives. . . .**
> **
>
> ** **
>
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