Osler ”Pete” Peterson
Medfield Select Board member
I started this blog to share the interesting and useful information that I saw while doing my job as a Medfield select board member. I thought that my fellow Medfield residents would also find that information interesting and useful as well. This blog is my effort to assist in creating a system to push the information out from the Town House to residents. Let me know if you have any thoughts on how it can be done better.
For information on my other job as an attorney (personal injury, civil litigation, estate planning and administration, and real estate), please feel free to contact me at 617-969-1500 or Osler.Peterson@OslerPeterson.com.
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Category Archives: Medfield State Hospital
DCAM to seek its MSH permits by 5-7-12
Andrea D. Stiller, LSP of ADS Environmental Engineering, LLC, one of the town’s consultants on the clean up of the Medfield State Hospital site reports today about the DCAM Medfield State Hospital clean up, that the C&D Phase IV states that they plan to Submit for Permits on 5-7-12. She questions that maybe they will be delayed since the deadline for the town’s comments on the Phase IV have been extended.
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Posted in Medfield State Hospital
Sen. Timilty seeks full clean up of MSH & state funds
Senator Timilty’s (1) email to Shawn Colins today and (2) letter to Governor Patrick about the proper clean up of the Medfield State Hospital –
=============================
Dear Mr. Collins,
Thank you for your email. I have attached a letter I recently sent to Governor Patrick outlining my serious objections to the current plant for a partial cleanup of the Medfield State Hospital site. Please do not hesitate to contact me should you have any questions or require more information.
With every good wish,
State Senator Jim Timilty
============================
MASSACHUSETTS SENATE
SENATOR JAMES E. TIMILTY
Bristol and Norfolk
STATE HOUSE, ROOM 507
BOSTON, MA 02133-1053
TEL. (617) 722-1222
FAX (617) 722-1056
April 28, 2012
His Excellency Deval Patrick
Governor of the Commonwealth
State House, Room 360
Boston, MA 02133
Dear Governor Patrick:
I write today regarding the disposition of the site of the former Medfield State Hospital. After years of involvement with this issue, I remain outraged and extremely concerned about the Department of Capital Asset Management and Maintenance’s current Phase IV remediation plan for the site. Under the plan, DCAM would not fully remove all of the hazardous materials (including, among other toxic substances, construction and demolition debris and hospital waste) from the land on the banks of the Charles River.
First and foremost, as a Commonwealth we share a moral imperative to ensure that residents are able to live and raise their families in a safe, clean environment. Massachusetts has long been a leader in environmental stewardship, and I believe the incomplete cleanup planned for Medfield State Hospital site is inconsistent with the stated goals of the Administration to move toward a greener future.
Specifically, the Climate Change Adaptation Report, required under the Global Warming Solutions Act of2008 and issued in September 2011, identifies restoring and managing flood plains as a priority in protecting the Commonwealth from impacts of climate change. The Report notes the risks posed by former landfills and other contaminated sites with respect to flooding, recommending that the health of flood plains be preserved and restored in preparation for rising water levels in order to limit the potential economic and environmental damage flooding may cause. The Medfield State Hospital site sits on 3.2 acres of flood plain along the Charles River, putting the watershed and community at risk under DCAM’s current plan. This has implications not only for Medfield but also for homes and businesses in municipalities all along the Charles.
In terms of cost, the expense of a total removal of hazardous materials from the site would be a comparatively modest increase over the current remediation plan. The Fiscal Year 2013 budget engrossed this week by the House of Representatives is over $32 billion; the estimated difference between DCAM’s current Phase IV remediation plan and the cost of a total cleanup is $5 million. Certainly, $5 million is no small amount in this economy, but given the grave implications of leaving toxic materials at the site and in comparison to the overall budget, it is absolutely our duty to protect the well-being of those who choose to make Medfield their home.
Most importantly, nothing short of complete removal of all toxic material will guarantee the safety of current and future residents. Labeling town land in close proximity to residences and water resources labeled as limited use, with the potential for severe environmental problems 10, 20, or even 50 years down the road, is simply unacceptable, particularly given the site’s location in Zone II of the town well. And, as you might imagine, it is incredibly frustrating to have the same entity responsible for polluting the site make the decisions as to how to address the problem. If a private company were in the same position, I would argue any cleanup plan addressing less than 100% of the waste left behind would not be approved by state regulators charged with upholding strict environmental protection standards.
Many town residents with professional expertise in environmental matters strongly disagree with DCAM’s current plan and with the rationale behind the plan, and I wholeheartedly share their concerns. I do intend to seek funding for this project during the Senate budget debate next month, and I am hopeful I will receive support from my colleagues in the Legislature and from the Administration in doing so. We must put our words into action and affirm our commitment to a clean and healthy environment by restoring the Medfield State Hospital site to a fully accessible, useful, and beautiful property.
Thank you for your attention to this extremely important matter, and I look forward to working with you to resolve this problem in a way that appropriately protects the citizens of Medfield and surrounding communities.
With every good wish,
James E. Timilty
State Senator
Bristol & Norfolk District
Comments Off on Sen. Timilty seeks full clean up of MSH & state funds
Posted in Environmental, Medfield State Hospital
Town’s MSH clean up supported by State’s s own flood storage initiatives
The town’s newly hired attorney for the environmental issues at the Medfield State Hospital site sent the following email to Senator Timilty explaining why the state should follow the state’s own report on climate change, to remove all the waste so as to recreate the flood storage misplaced by that dumped waste.
==============================
From: Margaret Stolfa
Date: Apr 27, 2012 9:09:59 AM
Subject: Medfield State Hospital
To: James.Timilty
Senator Timilty
As mentioned at Tuesday’s meeting of Medfield’s State Hospital Environmental Review Committee, below is a short description of the Commonwealth’s Climate Change Adaptation Report and how it supports Medfield’s position that DCAM should commit to a more thorough cleanup at the landfill/dump on the State Hospital property. The Administration’s Climate Change Adaptation Report includes specific suggestions on how best to manage just such a situation as this one. DCAM should embrace the recommendations in this report. The Commonwealth has the opportunity to restore needed flood plain, protect the water supply and prevent future flood damage by cleaning up this property. (See http://www.mass.gov/eea/air-water-climate-change/climate-change/climate-change-adaptation-report.html)
The Legislature passed, and the Governor signed, the Global Warming Solutions Act in August of 2008. Section 9 of that Act directed the Secretary of Energy and Environmental Affairs, and an advisory committee, to analyze strategies for adapting to predicted impacts of climate change. The resulting Climate Change Adaptation Report was issued in September 2011. This comprehensive Report provides both short term and long term suggestions on how to prepare for and how to adapt to, the effects of climate change. The Report details the climate change impacts already observed and documented and includes specific examples of the impacts these changes have had on the Commonwealth’s economic, transportation and local infrastructure as well as on natural resources. The strategies recommended include cost-effective and risk based approaches to address known risks and vulnerabilities. Included in the identified risks and vulnerabilities are increased damage due to lost flood storage, the location of “old” landfills/dumps near rivers or in wetlands, and flood impacts to water supplies, transportation infrastructure and businesses.
The Report specifically identifies the need to restore flood plains in order to better manage floods that impact the Commonwealth’s economy. The Report notes the risk posed by landfills/dumps that sit in flood plains in terms of lost flood-storage capacity as well as the risk they pose in releasing debris during floods. The Report references successful storm management projects that manage flooding by maintaining (and restoring) the health of wetlands and flood plains and that are credited with saving millions in flood damages. One of these projects includes portions of the Charles River.
Here, the State Hospital’s landfill/dump is located on 3.2 acres of flood plain along the Charles River. It consists of approximately 12-15 feet of mixed wastes that include incinerator ash, construction and demolition debris, and hospital wastes. It sits not only in the flood plain but also in groundwater within the zone II, the area of contribution for Medfield’s water supply. The landfill inhibits 12.5 million gallons of flood storage – meaning that 12.5 million gallons of flood waters that would normally occupy that space end up somewhere else.
The current DCAM proposal does not restore this flood plain and leaves the majority of the landfill/dump in place. Instead, DCAM should implement the recommendations in the Administration’s own Report and remove the landfill/dump from the flood plain.
Please do not hesitate to contact us if you would like additional information.
Thank you, Margaret R. Stolfa, Esq.
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Posted in Environmental, Medfield State Hospital
Town seeks experts to evaluate its purchase of MSH
The town is seeking residents with real estate development expertise, who are willing to assist the town in the process of evaluating whether the Town of Medfield should purchase the former Medfield State Hospital site from the state. Within the past month DCAM made known that it is willing to sell the site to the town, on terms yet to be worked out. Therefore, the town now needs to determine whether it is in the best interest of the town to purchase that site.
To evaluate the possible purchase of the former Medfield State Hospital site, the Board of Selectmen are seeking to recruit residents with real estate development experience to advise the town. If you have skills that can assist the town in this process and if you are willing to volunteer some time, you can let me, Mike Sullivan and/or Kristine Trieweiller know of your interest.
DCAM is proceeding with the feasibility study of uses for the former Medfield State Hospital sits that it commissioned from Jones, Lang, LaSalle. We are told that feasibility study should be finished in 60-90 days.
Posted in Medfield State Hospital
MSH – discussions with state today
My email exchange today with DCAM about the Medfield State Hospital site –
======================================
Sandra,
I am glad to learn that I am not the only one working today. Please call me Pete. Also, I am no longer the chair of the Board of Selectmen. Ann Thompson was elected chair at our meeting last Tuesday evening – we have a nice system of taking turns.
Mediation –
Yes, the Board of Selectmen did agree a week ago today at our 4:30 PM meeting to accept Commissioner Cornelison’s generous offer to mediate the Medfield State Hospital clean up, and at that time we appointed the crew I listed to do so for the town. We also like the suggested mediator, so thank you too for a great selection. I apologize if the information of our interest in mediation has not yet reached DCAM, as I know you are trying to adhere to a tight schedule to get the clean up accomplished this year. The town is holding our annual town meeting on 4/30, so we are fully engaged with making that process happen, perhaps to the detriment of other tasks.
Medfield State Hospital Purchase –
Finally, please know also, that at the Board of Selectmen meeting one week ago the selectmen also decided to proceed to investigate the possible purchase of the Medfield State Hospital site by the Town of Medfield, and to that end look forward as a first step to getting the materials that the Commissioner mentioned when we met at her office about how that process has occurred with other towns.
Second, we also look forward to the feasibility study DCAM has commissioned, and renew our requests that (1) it be released in a draft form the town first, so that the town can make suggestions, before the study gets released in final form, and (2) that we would welcome any other opportunities to take part in the study. While we do not know how to do such a study, we do know our town well.
Third, we are trying to mobilize the expertise needed to responsibly react to and deal with the possible purchase of the Medfield State Hospital site from the state.
Fourth, while not DCAM’s issue directly and not yet the Board of Selectmen’s position, I have suggested that the town make use of the services of someone like Lawrence Susskind to come to a town wide agreement about the Medfield State Hospital site – where the town will have a complicated factual and political process through which to go, if it purchases the site. I heard Professor Lawrence Susskind speak to the Massachusetts Municipal Association’s Leadership Conference last June, and was impressed by his use of his system to get complex entities to agree on resolutions to complex problems. “Breaking Robert’s Rules” is his book on how to conduct such a process. What follows was the blurb about Lawrence Susskind from the MMA’s program –
Lawrence Susskind, a renowned public dispute mediator, is the Ford Professor of Urban and Environmental Planning at MIT and Director of the Public Disputes Program at Harvard Law School. He is the author of more than 15 books, including “Breaking Robert’s Rules” (2006).
My thanks all at DCAM – I am personally enthused both by the offer to sell the site to the town and that we seem to be renewing the collaborative approach to solving the issues we share surrounding the Medfield State Hospital.
Best,
Pete
Osler L. Peterson, Attorney at Law
PETERSON | Law
580 Washington Street, Newton, MA 02458
66 North St, PO Box 358, Medfield, MA 02052
T 617.969.1500
T 617.969.1501 (direct)
M 508-359-9190
F 617.663.6008
osler.peterson@verizon.net
Medfield Information at: Facebook, https://medfield02052.wordpress.com/ & http://twitter.com/Medfield
—– Original Message —–
From: “Duran, Sandra (DCP)”
To: “Olson Peterson (osler.peterson@verizon.net)”
Sent: 4/06/2012 11:33AM
Subject: FW: Friday Special Medfield Selectman’s meeting
Mr. Chairman:
Commissioner Cornelison asked me to reach out to you regarding her offer to engage in mediation. We saw your blog of April 3rd and want to confirm with you the Town’s interest in mediating and the list of participants.
Would you mind responding to this email to clarify/confirm the above? We would like to schedule the mediation sessions as soon as possible.
Thank you,
Sandra
Sandra R. Duran
Director of Building Maintenance and Operations
Comments Off on MSH – discussions with state today
Posted in Medfield State Hospital
Medfield.TV’s programs on MSH & 40B
Pam Jones of Medfield.TV has grouped their shows related to the Medfield State Hospital and those related to 40B issues under links on the Medfield.TV home page, for easy access. http://www.medfield.tv
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Posted in Affordable housing / 40B, Medfield State Hospital
DCAM granted the town a 20 day extension to respond
Emailed extension from DCAM last night for town’s time to respond to DCAM’s Phase II and III remediation materials – permitting to proceed –
From: Duran, Sandra (DCP)
Sent: Tuesday, April 03, 2012 9:41 PM
To: Kristine Trierweiler
Cc: Wiggin, Allen (DCP); O’Donnell, John (DCP)
Subject: RE: Meetings and Extension Request for Phase II/Phase III
Ms. Trierweiler:
DCAM intends to proceed with its planned PIP and permitting efforts as we are trying to keep the work on track for implementation this summer. As such, we have scheduled our next PIP meeting with the Town on April 12, 2012 from 7-9pm. At this meeting, we plan to present the Phase IV Remedy Implementation Plan to the community. This plan will speak to the specific construction design aspects of the currently proposed remediation effort.
On March 27, 2012, the Town of Medfield requested a 20-day extension to the public comment period of Draft Final Phase II Comprehensive Site Assessment and Draft Final Phase III Alternative Analysis MCP Documents. These documents were provided to the Town on March 15, 2012 (presented on March 22, 2012). We have considered the Town’s request.
Please be advised that we will grant the Town the requested 20-day extension request; however, we will file the various permit applications simultaneously with the circulation of the Phase IV and the requested PIP extension. Those permit proceedings would run on a parallel track with the Phase IV PIP Comment period. If those Phase IV comments warrant revisions to the permit applications, those revisions can be made for each application as needed. All permit proceedings would still be open beyond the Phase IV comment deadline.
Please let me know if you have any questions or comments regarding the above matter.
Sandra
Sandra R. Duran
Director of Building Maintenance and Operations
The Commonwealth of Massachusetts
Division of Capital Asset Management
Comments Off on DCAM granted the town a 20 day extension to respond
Posted in Medfield State Hospital
Mediation team for MSH clean up
At Friday afternoon’s meeting of the Board of Selectmen, the team to mediate with DCAM over the clean up of the Medfield State Hospital site was selected. That mediation team will consist of the following individuals:
- John Thompson, SHERC chair
- Peg Stolfa (the town’s new attorney for environmental issues)
- Bill Massaro, PIP member and active resident
- Kristine Triereweiler, Assistant Town Administrator
- Andrea Stiller, an LSP and town consultant on the clean up
- Ann Thompson, the Board of Selectmen representative as its chair
DCAM announced a willingness to mediate the clean up issues at its March 22 meeting, and the town has elected to engage in that mediation.
I asked that the Board of Selectmen get our new environmental attorney’s opinion as soon as possible on our ultimate legal rights, so we know how much legal leverage the town actually possesses if it opts to exercise those rights.
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Posted in Environmental, Medfield State Hospital
Medfield State Hospital purchase
The Board of Selectmen met in executive session, at the request of Ann Thompson last Friday afternoon, to discuss the possible town purchase of the Medfield State Hospital site. Ann’s question for the board was, given how complicated it will be for the town to buy the Medfield State Hospital site from the state, did the town really want to proceed to even consider its purchase. Mark and I both agreed that the town needs a lot more information to make that decision, and at the moment that we have little salient information on which to base the decision, so the town needs to first gather the all the data and then to make a reasoned decision based upon all the facts whether it makes sense for the town to buy the property.
DCAM has promised the town copies of the materials they used for similar sales of state lands to other towns. The Board of Selectmen members and town administrators will seek counsel from those with expertise in the redevelopment of similar large, complex sites. If any one in town has that sort of expertise, please let us know.
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Posted in Medfield State Hospital
Truck route for MSH Clark Building demo
I just contacted DCAM at the request of a Hospital Road neighbor, who noted that the trucks related to the demolition of the Clark Building no longer appear to be routed directly out to Route 27, and instead seemed to be set to go through the residential neighborhoods. At the request of the alert Tracey Hogan, I have asked DCAM to have the trucks instead use the direct route from and to Rte 27.
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Posted in Medfield State Hospital
