Among the mountain of permits Wynn Resorts must secure to capitalize on its casino license in Everett is a risky waterfront development approval that one expert said is prone to delays and appeals from project opponents.
Wynn, which has a 3-year construction schedule, needs up to 15 permits for its $1.6 billion casino from a range of agencies, including the state departments of transportation, conservation and recreation, and environmental protection, as well as the Boston Transportation Department, U.S. Army Corps of Engineers, and Massachusetts Water Resources Authority.
Wynn also needs to close a $6 million deal with the MBTA to acquire land for its site access, and file detailed reports with the DEP on cleanup of the arsenic and lead contamination on the former Monsanto site.
One of the most difficult permits Wynn has to obtain for its casino on the Mystic River is a "Chapter 91" waterfront approval, which can be appealed by a group of 10 opponents, as long as five are residents. And it's not unheard of for competitors to prop up local opposition, said Jamy Buchanan Madeja, a permitting expert and former general counsel to the Executive Office of Environmental Affairs.
"The processing time is always long and the appeal opportunities abound," Buchanan Madeja said. "There is no reason this proposal couldn't meet all the legal criteria. However, appeals are allowed either way."
Wynn project manager Chris Gordon acknowledged Chapter 91 is the "longest-lead item" in the menu of approvals it needs, but said the recent explosion of development under the law along Boston's waterfront bodes well.
"I don't think we have any more exposure than a regular developer would have all along the waterfront in Boston," Gordon said. "We've built it into our schedule so it won't hold us up, but it's one we want to make sure we get going on. In this kind of development, you certainly have a lot of regulatory work that's required. We think that we're in pretty good shape."
Gordon said Wynn reps are meeting weekly with state transportation officials to answer their questions about traffic counts, and plan to meet with Boston officials about traffic work at Sullivan Square in Charlestown before filing a key catch-all environmental impact report by the first week of November, when voters will decide whether to repeal the state's casino law.
Gaming commission spokeswoman Elaine Driscoll said the panel will require periodic progress reports from Wynn.
"The commission will use those reports to see where progress is occurring at an appropriate level and where greater speed or effort is needed," Driscoll said in a statement. "However, the commission ... respects the statutory and regulatory responsibilities that other agencies have in making permitting decisions."
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