(Left to right) Attorney Philip Privitera, NFL Super Bowl Quarterback Matt Ryan, Payton Privitera, Boston College University President Father William Leahy in the President’s Box at Alumni Stadium.

By Donald Norton

Matt Ryan, the Super Bowl Quarterback of the Atlanta Falcons, inspired Mystic Avenue residents to stand up against MassDOT bullying in Somerville. When Boston College Law School Dean, Vincent Rougeau, and BC University President Father William Leahy invited Somerville Attorney Philip Privitera to celebrate the retirement of Matt Ryan’s Football jersey during the BC vs. U-Conn game, no one imagined the celebration would inspire Somerville residents to stand up against MassDOT bullying tactics, and possibly even help save their lives.

On the day of Matt Ryan’s celebration, conversations soon switched. Privitera mentioned how disheartened he was that the MassDOT was taking open space in a low income, immigrant neighborhood, where the ultimate victims – the residents – didn’t really understand what was going on and that they either afraid or unable to protect themselves.

Jessica Cashdan, BC Law’s Assistant Dean of Development, emailed BC Law Professor Zygmunt Plater, a Property Professor and the author of The Snail Darter and the Dam. With no less than six trees (each over 30 years old) already killed by the MassDOT and a proposed new traffic design, Plater contacted 422 Mystic and suggested several possible procedural and substantive actions, from an Environmental approach, that might protect the Somerville Victims , including filing for an injunction under the Massachusetts Environmental Protection Act.

The land in front of 422 Mystic Avenue represents the last “scraps” of open green space separating residents from 13 lanes of traffic (from Rt. 93 and Rt. 38). If  MassDOT gets its way, residents will soon face 15 lanes of traffic, including a bus stop in place of their front walkway and entrance.

In addition to the property damages, the costs of the MassDOT project to human lives might be astronomical. Somerville Environmental Researcher Wig Zamore visited Mystic Avenue and commented, “I’ve been doing health research near highways in the Somerville and Boston Community Neighborhoods for the last decade, and I contacted the people at 422 Mystic Avenue because I am concerned about studying increase in traffic pollution exposure, resulting from the new Mass Highway Project at Mystic Avenue.”

Residents at 422 Mystic Avenue in Somerville have gained a lot of support in their fight with MassDOT to preserve their important green/open spaces.

The MassDOT Plan essentially eliminates all remaining green space and places a 150-200 foot bus depot directly under the windows of residents. Zamore stated, “From our research and knowledge of particle exposure near highways, we are well aware of increased cardiovascular, lung cancer, childhood asthma and autism risks to residents in these locations.”

It has been suggested that some premature deaths caused by state negligence, such as those resulting from the Big Dig ceiling tile collapses, could be valued as high as $8 Million, or even more, per person, per death.

In addition, to the health and safety costs, the current MassDOT plan arguably ignores public access to the building by the handicapped, elderly, or any other visitors (whether guests, couriers, or food/package deliverers). The building’s current curb cut and drop off area, which is the only public entrance from the street, would be wiped out and replaced with a 100-200 foot bus depot, where parking and stopping is strictly prohibited.

After visiting the premises, Boston Attorney George McGlaughlin, renowned for eminent domain cases, was so optimistic about the damages in this case, that he proposed to represent 422 Mystic at no cost, but to be compensated out of the “additional damages” that he foresaw “over and above” any Pro Tanto Settlement amount that had already been offered by the MassDOT.

While grateful for the outpouring of support for 422 Mystic Avenue and Somerville residents, Attorney Philip Privitera reflected, “When this all started, I just wanted the lives of my Somerville residents to be respected and protected. But, now, after all that has been forced to happen, that perhaps, so much more will come about to help them (the resident victims) and hopefully protect their lives.”

While most residents were originally reluctant to voice their opinions, many such as Denice Laures DaSilva, Junior Rodriguez, D’Muer Varelo and Willene Picanelli spoke out against MassDOT’s plans. DaSilva, a longtime resident, suggested that the project was taking all the beauty away and replacing it with a traffic jam and a concrete jungle. D’Muer Varelo was upset that MassDOT was taking all the green space, trees and decorative granite pillars away.

Zamore proposed studying current residents to measure and record the impact and damages of additional traffic pollution exposure from the MassDOT’s two additional traffic lanes (15 in total) and placement of a bus lane directly below tenant windows where trees and green space once existed.

Boston Attorney James McGrail, who also visited 422 Mystic Avenue and walked the premises, suggested that a modified design that is more palliative and perhaps less damaging might be a solution.

As a former Commonwealth employee, Privitera commented, “Maybe we worked for a ‘different Commonwealth’ back in the day, but back then we took pride in having the backs of every person in Massachusetts. We would never do anything that might be construed as bullying them or ramming something down their throats, especially something we knew they didn’t understand, something they would be afraid or unable to fight, and ultimately, something that would knowingly cause them injury or life-shortening damages.”

Zamore alluded to MassDOT’s responsibility to offer mitigating strategies, such as a traffic-design modification that takes into account the distances of residences from auto emission particles, and the installation of air quality improvement systems for abutting buildings. Zamore proposed to “explore available mitigating strategies, as well as to work cooperatively with residents and Mass Highway or DOT to come up with mitigating strategies that would lower exposures and health risks.”

PHD Environmental Engineer Dr. Neelakshi Hudda, who specializes in Traffic Emissions, also visited 422 Mystic Avenue and expressed interest in doing research, particularly in the project’s impact on 422 residents.

Privitera lamented, “At this special time of year, when we are often reminded that we were all created in God’s likeness, it is always surprising how we let so many suffer around us, especially when we have the power to prevent it. Hopefully, the elected officials and those in those in the proper positions will step up to help us protect Somerville lives while we still have time.