http://www.masslive.com/news/index.ssf/2012/03/state_sen_gale_candaras_other.htmlBELCHERTOWN – State Sen. Gale D. Candaras said she isn’t worried about language in a land deal that others say could derail the development of the former State School property; she just wants the state to remove hazardous chemicals from the site and the rest will fall into place.
It’s called an indemnification clause. Before 2002, anyone who filed a lawsuit over asbestos exposure at the State School would have sued the state Division of Capital Asset Management. With the clause in place, the liability transferred to the town’s Economic Development Industrial Corp. when it took ownership, and it will transfer to any future owner.
If the language stays in there, Pennsylvania-based developer Weston Solutions won’t buy the property and develop an assisted living complex, said Selectman Ronald E. Aponte.
The EDIC and the selectmen have been working to strike the clause.
Candaras, though, a Wilbraham Democrat, said she is focused on getting the site clean and said she isn’t aware of any existing or upcoming asbestos lawsuits. She called the indemnification clause an “ancillary” issue.
Massachusetts doesn’t have specific laws governing asbestos exposure lawsuits. According to Wellesley-based Sokolove Law, it would be a personal injury case, so there is a statute of limitations of three years from when a health problem is discovered.
When the state first transferred the property, it removed some underground tanks, but left an ever-worsening environmental mess untouched, Candaras said.
Weston has already committed $2 million for remediation and the selectmen have endorsed a Town Meeting warrant to seek a $1 million bond to build the infrastructure necessary for construction
“I believe strongly that the Commonwealth should still be responsible,” said Candaras. “Once these issues are cleared up, the issue of indemnification goes away.”
She said she understands the position Weston is in, but thinks the clause will be harmless after remediation takes place.
Candaras, state Sen. Stanley C. Rosenberg, D-Amherst, and state Rep. Stephen Kulik, D-Worthington, worked together to secure a $10 million bond bill for environmental remediation at the State School and to assist in development. It was authorized by the legislature in 2008, but it still has to be approved by Gov. Deval Patrick and included in an upcoming capital plan.
Before that can happen, a state agency needs to be brought in to oversee Weston’s remediation, Candaras said. And conversations are taking place to make that happen.
She and town officials met recently with representatives of DCAM and the Westmass Area Development Corp.
“The meeting was very, very productive,” said Candaras. “I think you can appreciate the importance of everyone being in the room at the same time. ... Times have changed.”
Another meeting is in the works.
“We are making this project a priority,” she said.