[MassHistPres] S.2053 hearing

[Dennis De Witt]

This from the Taunton Gazette is the only story on the hearing that I find.

Dennis De Witt

FALL RIVER —
A project backers say could bring over 800 jobs to the economically depressed South Coast has sparked a battle between developers, regional lawmakers and the state Historical Commission over the ability of a medical software company to expand on archeologically sensitive land.

More than 100 supporters and opponents of a proposal by Meditech to expand its operation in Freetown crowded a State House hearing room Tuesday to testify on legislation that would clear the way for construction to begin.

Meditech, a medical software manufacturer, has proposed to expand on a 138-acre site that is part of the Riverfront Development Park in Freetown, proposing a $65 million investment in a new building and parking on 21 acres with the remainder of the land to be placed in a conservation trust.

The project, according to lawmakers from the region, would create 800 to 900 jobs in the region where unemployment levels are double the state average.

The bill, filed by Sen. Michael Rodrigues, would explicitly limit the authority of the commission to properties listed on the state's official historic register. While the legislation (S 2053) is pending before the Committee on State Administration and Regulatory Oversight, the Senate slipped the provision into a midyear spending bill last week that is awaiting House concurrence.

"This is a company that has done nothing but the right thing for our state and they are being denied the opportunity to expand," Rodrigues (D-Westport) said, calling the past seven months of negotiations a source of "incredible frustration."

The proposed development sits on historic Native American land, giving the commission a role in the environmental impact review of the development. Meditech has already spent $2 million for archeological studies to determine the best location on the large site to build with the least probability of disturbing historic artifacts.

Though supporters said they believed state law already restricts the commission's oversight of properties not on the official historic register, and Rodrigues said his bill simply "clarified" state law, Secretary of State William Galvin said, "He's absolutely wrong."

"We haven't done anything to delay the project. The project has been delayed because of the absolute intransigence of the developer," Galvin said.

Galvin said he did what he could to expedite the review process because of the economic development opportunities presented, describing a meeting on Nov. 7 hosted by House Speaker Pro Tempore Patricia Haddad (D-Somersett) when he asked for five to seven acres to be cleared by machine to strip the top soil for possible evidence of Native American burial ground.

  Galvin said the meeting ended with a promise from Meditech's consultant to respond with a proposal by the next day, but they never got back in touch with the commission. He said the top soil stripping, according to Meditech's own environmental consultants, would have only taken six  weeks to complete.

Galvin called the Senate bill an "anti-historical, anti-economic" piece of legislation that would have implications far beyond the Freetown development park.

"To strip away protection from this site, including 200,000 other sites, is outrageous and all because one company doesn't think they should have to cooperate," Galvin said.

Multiple lawmakers testified during the hearing, mostly touting the economic development potential of the Meditech project in a region in need of jobs.

Rodrigues said Meditech has never asked for tax incentives to expand in Massachusetts where it already employs 400 people. He also said he recommended to the company that they pull a building permit from the town and force the commission to file an injunction to let the courts decide, but Meditech didn't want to go to court. He called his bill the "nuclear option," and added that "real timely" action was needed to avoid Meditech expanding elsewhere.

Rodrigues also said his bill would not alter a requirement that developers consult with the commission should graves or skeletal remains be unearthed during construction.

"As we read throughout the summer about Occupy Boston and corporate greed, here we have a model corporate citizen," Rodrigues said.

Haddad said the bill was respectful of the heritage and culture of Massachusetts and the importance of preservation, and would open the door to an economic development project badly needed on the South Coast.

"I can't tell you enough how important this is to our area for jobs," said Rep. David Sullivan, a Fall River Democrat.

Rep. Paul Schmid, a Westport Democrat, said that economic conditions in the greater Fall River area are much different than around Boston, noting that homeownership levels are at 33 percent, while the state has a 66 percent homeownership rate.

"Can you blame us for wanting so badly to bring 800 jobs to this area?" Schmid said.

While calling the commission's mission important, the state's largest business trade group lent its support to Rodrigues' legislation.

According to testimony submitted by Associated Industries of Massachusetts, industrial companies, developers and local officials for years have complained about "arbitrary and unpredictable actions" at the commission and a lack of accountability. "It is seen as not listening to or communicating with the regulated community; and despite its denials it is, in effect, a powerful regulatory agency," AIM executive vice president John Regan, former director of the Massachusetts Office of Business Development, wrote in his testimony.

Galvin called A.I.M. the "concrete coalition cheerleaders" and said the group's statement was "absolutely not true." He said that of the 8,000 reviews done last year, only 14 received adverse recommendations.

"A.I.M. should know better," Galvin said.
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