To the Editor:

We are writing to ask state officials exercise their authority to file an appeal of the recent court action overturning their denial of the proposed electronic billboard by Boston Bowl. The Massachusetts Department of Transportation is the only entity which has legal standing to defend its original decision to deny this harmful proposal which clearly violates the substantive requirements of the Outdoor Advertising regulations by virtue of being within 300 feet of the Dorchester Shores Reservation. We ask for immediate action on this request, due to the limited window of time which remains for MassDOT to file such an appeal.

MassDOT denied the request for the electronic billboard due to its location being within 300 feet of the Dorchester Shores Reservation. Owner Bay Colony Associates appealed the denial to Superior Court Judge Claudine Cloutier, who in July issued her decision and reversed the denial. Basically the ruling states that because there was a mistake on the initial permit application by both the plaintiff and MassDOT’s Office of Outdoor Advertising, regarding the distance to Dorchester Shores Reservation, which the state did not mention in their initial denial, the state has no right to correct the mistake and deny the permit now. This decision ignores regulations that allow MassDOT to amend a permit at any time and allow the Director to correct a mistake.

It should be noted that there have been two other changes in the neighborhood that would cause the billboard to be denied. First is the ongoing construction of the Neponset River Greenway Trail extension, a public recreational multipurpose trail directly adjacent to the offending billboard. Second, due to the approval and ongoing construction of turning the Freeport Tavern and Ramada Inn sites, at 780-800 Morrissey Boulevard, into over 500 units of housing, the immediate area is now mainly residential. These properties are being developed by the Phillips Group, owned primarily by the owners of Boston Bowl.

The billboard will permanently degrade the recreational enjoyment of Tenean Beach, the new section of the Neponset Greenway trail, and the surrounding area.

- John Lyons, Ian Cooke, and Frank O’Brien
John Lyons is president of the Port Norfolk Civic Association. Ian Cooke is director of Neponset River Watershed Association; and Frank O’Brien is part of an Intervening Citizen Group.