To the editor:
On April 7, an independent legal opinion was submitted to the Lincoln Conservation Commission making the case that neither Massport nor Jet Aviation are exempt from Lincoln wetlands protection bylaws.
At the April 2 Jet Aviation hearing held by the Lincoln Conservation Commission (ConComm), the decision to continue the hearing was made in response to comments from a well-known state environmental attorney pointing out failings in the Jet Aviation’s application. Jet Aviation’s expansion plans include developing a new hangar, a new access road, and two new parking lots on Lincoln wetlands buffer zones with the goal of attracting large new private jet traffic to Massport’s Hanscom Airport (as distinct from Hanscom Air Force Base, which has no aviation activity).
The next hearing (the fourth) is scheduled for this Wednesday, April 9 at 7:45 p.m. in the Lincoln Town Offices, Donaldson Room. A vote by the ConCom is anticipated. [Editor’s note: it’s unclear whether the vote will take place an April 9—see this Lincoln Squirrel article.]
In standard cases, the ConCom reviews applications under both the state Wetlands Act and local Lincoln wetlands bylaws, which have stricter conditions than the state. Until the April 2 hearing, the ConCom has been proceeding on the assumption that Massport and its tenant Jet Aviation are exempt from Lincoln’s wetlands bylaws and are therefore only subject to review under state wetlands regulations. This assumption originated from an exemption statement filed by Massport citing its standing as a state agency.
At the April 2 hearing, Attorney Greg McGregor, environmental law and local jurisdiction specialist and board member of the Massachusetts Association of Conservation Commissions (MACC), representing the nonprofit citizens group Save Our Heritage, provided a lengthy list of failings in the Jet Aviation application.
McGregor’s remarks were followed by another comment from the public asking if the applicant Jet Aviation, being a private enterprise, were not subject to Lincoln’s local bylaws. Other public comments pointed out that Jet Aviation has produced multiple development scenarios, some of which would not intrude on Lincoln wetlands buffer zones at all. At an earlier hearing, when asked why a two-story garage on existing impervious ground had not been considered, Jet Aviation’s response was that they had considered it but felt it would be too expensive. Jet Aviation is owned by General Dynamics.
On Monday, April 7, McGregor & Associates submitted independent legal opinions to the ConCom on two matters: 1) Massport is not exempt from Lincoln wetlands bylaws, and 2) legally sound reasons exist for denial of the Jet Aviation application under the state Wetlands Act.
It’s been a roller coaster ride since the April 2 hearing, and yesterday’s assertions that Massport and Jet Aviation are not immune from local jurisdiction changes the playing field. Jet Aviation is anxious to close the hearings this Wednesdayand receive approval of their application. The Hanscom-area communities (Bedford, Concord and Lexington in addition to Lincoln) are following the proceedings closely, as are towns across the state, to see if local home rule will be applied and upheld.
Kati Winchell
Projects Director, Save Our Heritage
227 Concord Rd.
Letters to the editor must be signed with the writer’s name and street address and sent via email to lincolnsquirrelnews@gmail.com. Letters must be about a Lincoln-specific topic. Letters containing personal attacks, errors of fact or other inappropriate material will not be published. Letters may be edited for punctuation, spelling, style, etc., and will be published at the discretion of the editor.