Town takes first step toward suing MBTA

By JACK ENCARNACAO
The Patriot Ledger

WEYMOUTH - A list of outstanding issues has compelled the town council to take the first step toward a lawsuit against the MBTA for not living up to an agreement with the town.

The council voted unanimously Monday night to request that the town enter first-stage dispute resolution with the MBTA regarding yet-to-be-completed construction of a connector road, parking lot and culvert in Weymouth Landing. The T has said the road, parking lot and culvert are unlikely to be finished before the first Greenbush trains start running Oct. 30.

“I remain extremely concerned that the MBTA plans on activating the revenue service of the Greenbush rail line before the connector road and parking lot abutting the connector road in Weymouth Landing is complete,” town council member Thomas Lacey said in a letter to the MBTA. “This can not happen.”

First-stage dispute resolution is one of three steps the town can take against the MBTA if it thinks the mitigation agreement has been violated. The other avenues are second-stage dispute resolution and a lawsuit.

Mayor David Madden would have to approve entering dispute resolution. The council’s vote was intended to encourage Madden to take that step.

“We’re at a critical time for our residents and our community in general,” Lacey said, citing the Oct. 30 start date.

The council also voted to require James Clarke, the town’s director of planning and community development, to be present at every town council meeting until the beginning of Greenbush service to provide updates on the dispute resolution.

Lacey said Clarke has not responded to a request he made weeks ago to see an engineering design that shows what the MBTA plans to have finished before trains start running.

“We find ourselves concerned with some funding issues and some design issues,” Lacey said.

The MBTA was invited to Monday night’s council meeting but did not send a representative, which rubbed some the wrong way.

“Everyone is busy, but this is an important project,” town council President Michael Smart said, adding that the T has “not shown enough respect for the town of Weymouth.”

Lacey said a mitigation agreement with the MBTA requires a three-lane connector road between Commercial Street in Weymouth and Quincy Avenue in Braintree. The road would serve as a drop-off point for T riders.

The T is also required to do some work on a parking lot and build a culvert that would benefit smelt in a nearby stream.

“(The culvert) is in Braintree, but Weymouth was very much concerned,” town council member Sue Kay said. “It was a key factor.”

Kay said the town cannot give the MBTA a pass on the required work.

“The fear is that once (the trains) start running, will they complete it, ever?” she said.

Until now, Kay, the executive secretary in Braintree, has recused herself from commenting on Greenbush as a councilor because of her Braintree position. She said Braintree’s selectmen recently disconnected her from that town’s dealings on Greenbush, so she is cleared to talk about it.

Support for the dispute resolution goes beyond the council. Colin McPherson, who is running against Kay for mayor, contacted The Patriot Ledger on Monday to express his position.

“The whole thing was designed to have this in place, so I think it’s inappropriate to start service without having that connector road and the appropriate traffic mitigation in place,” McPherson said.

Jack Encarnacao may be reached at jencarnacao@ledger.com.