June 26, 2002
Senator Robert A. Havern, Representative Joseph C.
Sullivan, Co-Chairs
Joint Committee on Transportation
State House, Boston, Massachusetts
Re: Hearing on Surface Artery Legislation
The ABN is a confederation of Boston neighborhood associations, concerned with proper public process in decisions of city-wide importance. The legislation structuring the governance of the Surface Artery will determine the public benefit, to the city and the region, of one of the largest public works projects in America.
We have previously sent a letter to the writers of this legislation asking for open public review, but have received no response. Thank you for providing this opportunity to express publicly our position on the legislative process.
It is critically important that this draft legislation be circulated for public comment with ample time for public scrutiny. Without an opportunity to see the draft, today's event cannot be construed to be a hearing on the proposed legislation. It may provide a forum for publicity for the project, but absent the actual document, it cannot be accepted by the taxpayers and citizens of Boston as genuine public hearing. We can not comment on a document we have not seen; no comments on the future governance and financing of the artery lands are appropriate until the public has an opportunity to understand exactly what governance and financing structures are proposed. We trust that the Transportation Committee sets the same standards for its review and approval.
Once the draft is made available, the public must be given a comment period of at least 90 days to review the document -- and a public hearing. This will be a complex legal document with few precedents; ample time is required (including some beyond summer vacation time) to understand its implications.
Therefore, the legislation must not be passed during this session. The legislation for this significant new public resource cannot be properly reviewed by the public before July 31, under any circumstances. Rushing the approval denies citizens their right to exercise proper oversight on this important legislative action.
Finally, we thank the Boston Globe for supporting an open Greenway legislative process. We join the Globe in advising the public officials involved that a closed-door process undermines public trust in the final product. An open and transparent process is the fastest way to achieve public acceptance.
Thank you for considering our comments.
Daniel Cushing, President
Shirley Kressel, Vice President
Cc:
Senator Edward Kennedy, US Congress
Governor Jane Swift, c/o Stephen Crosby, Chief of Staff
Representative Thomas Finneran, MA House Speaker
Senator Thomas Birmingham, MA Senate President
Mayor Thomas Menino, City of Boston
Mark Maloney, BRA, Co-Chair, Mayor's Task Force
Robert Tuchmann, Co-Chair, Mayor's Task Force
Bob Durand, Secretary, EOEA
Stephanie Pollack, Conservation Law Foundation
Robert Turner, The Boston Globe