At a press conference on March 8, Wynn Everett president Robert DeSalvio said Somerville’s appeal was delaying an environmental clean-up project.
Lawyers for the city of Somerville made their case against Wynn Boston Harbor Resort on Thursday. Speaking in an appeals hearing, those lawyers described the plan to grant Wynn Resorts an 85-year environmental license to be “fatally flawed”.
Donald Pinto, who works as the consulting attorney for the city of Somerville, said heightened boat traffic on the Mystic River (due to the Wynn Boston Harbor) had been overlooked by Massachusetts officials. Pinto also criticized the lack of transparency in the decision making process, suggesting that a kind of backroom deal was made.
One of the biggest inconsistencies is the larger-than-expected environmental license offered to Wynn Resorts. While the casino company is no doubt pleased with such a consideration, no one has yet disclosed MassDEP’s reason for giving such a concession.
Criticism of 85-Year License
In his remarks, Donald Pinto said, “Somerville has also proved that the process of the issuance of the extended term license was fatally flawed. The decision to grant an 85-year license was made entirely out of the public view.”
In issuing its license to Wynn Resorts, MassDEP did not issue the standard 30-year license, but instead offered an unprecedented 85-year license. Pinto pointed out that the government licensing was extraordinary by any standards, but the lack of transparency was especially troubling. Pinto also was criticial that the state regulators failed to include a robust water transportations system as a condition of granting such an open-ended license.
Mayor Joe Curtatone
Citing concerns about damaging the environment, Somerville Mayor Joe Curtatone in February appealed the issuance of a Chapter 91 license by the Massachusetts Department of Environmental Protection (MassDEP). Curtatone complained about the land and river traffic the casino would cause, and characterized Wynn’s plans as reckless.
The appeal is the final hurdle for Steve Wynn and his Las Vegas gaming company, Wynn Resorts, can break ground on the Wynn Boston Harbor. The company has a license to build a casino in the Boston suburb of Everett.
Wynn Boston Harbor Development on Hold
Currently, construction has been suspended by Steve Wynn, citing concerns about breaking ground on $1.7 billion project, only to have the government chance the terms of any such project.
Somerville’s lawyers called several city-funded expert witnesses for their testimony. These witnesses were cross-examined by the Wynn lawyers in Thursday’s court session. Mayor Curtatone was not in attendance of the hearing.
Robert DeSalvio Gave Testimony
Wynn Everett’s Robert DeSalvio also testified. Somerville attorneys called into question his lack of experience in dealing with developments that use water transportation networks.
The Wynn Boston Harbor originally was estimated to cost $1.6 billion. Later, Steve Wynn suggested the price tag had risen to $1.7 billion. Now, some estimates suggest the final price of the casino complex is going to be in the range of $2 billion.
Whatever the number is, the Wynn Boston Harbor is going to be the most expensive building built in the history of Massachusetts. Few executives would have prior experience with a $2 billion development. Under the circumstances, with so many municipalities nearby and a river system adjacent, the environmental impact is going to be huge. Having an executive without experience could cause a lot of trouble, at least if the Somerville attorneys are to be believed.
Steve Wynn’s lawyers are likely to argue that Steve Wynn has built bigger developments than the Wynn Boston Harbor, and he is going to have a vital role in the Everett casino’s construction. Given what officials know of Steve Wynn, it is an easy counter-argument to make.
Ultimate Decision Coming in Early August
June 21 is the day both sides must file closing briefs with the court. Presiding Officer Jane Rothchild is expected to rule on the appeal by mid-July. Rothchild’s ruling is expected to influence the final ruling, which will be made by MassDEP Commissioner Martin Suuberg in the first half of August.
Mayoral Spokesman Denise Taylor said that the city of Somerville has spent about $400,000 in its legal battle with Wynn Resorts, including the MassDEP appeal and 3 other legal cases. Mayor Curtatone argues that the legal expenses are a small price compared to the costs the city will incur, if it must deal with the environmental costs done to the Mystic River and the infrastructure costs done by a massive increase in road traffic.
