Somerville Did Not Ask for Reconsideration, May Look at Judicial Review

By Seth Daniel

The City of Somerville confirmed Tuesday afternoon that it would not pursue reconsideration of the Chapter 91 license granted to Wynn Boston Harbor last week by the state Department of Environmental Protection.

That said, a mayoral spokesperson indicated they might seek judicial review of the decision in Superior Court.

“The City of Somerville does not intend to seek reconsideration of the Commissioner’s final decision in this matter,” said Denise Taylor of the Somerville Mayor’s Office. “Somerville is, however, continuing to evaluate the decision and whether to pursue judicial review.”

Wynn Boston Harbor had no immediate comment on the news Tuesday afternoon, but indicated they would be commenting later this week.

Everett Mayor Carlo DeMaria said it was good news and it was time to get to work on the development.

“This project has successfully undergone more scrutiny from state agencies than any other development in the history of the Commonwealth, and the associated environmental improvements to come are unmatched,” he said. “Wynn Boston Harbor can now get back to work transforming the entire site of the former Monsanto Chemical property in Everett, from a forlorn and forgotten hazardous waste site into a beautiful 5-star resort with public access to the waterfront.”

On Friday, July 22, the DEP Commissioner Martin Suuberg issued a decision that granted the Chapter 91 waterways license to Wynn, a license that was in limbo and holding up construction. The license had been granted earlier this year, but an appeal of the license by the City of Somerville sparked a regulatory hearing process that played out this spring and summer.

Suuberg’s letter on July 22 ended that phase of the process, but no action could be taken until after a seven-day waiting period. Somerville could have filed for reconsideration within that waiting period, but indicated it would not on Tuesday.

However, Somerville still had the ability to file for judicial review within 30 days of Suuberg’s decision.

Wynn Boston Harbor has indicated that it would go forward at its own risk with construction if Somerville were to file for judicial review.


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