Lincoln Journal
February 20, 2003

Massport a Hanscom ally?
Agency advocates for Logan runway

By Barbara Forster / Correspondent

On Thursday, Feb. 13, the slogan "No more commercial aviation at Hanscom" had an unexpected proponent - Massport.

The agency was in Suffolk Superior Court before Judge Margot Botsford in an ongoing two-year-old court battle over the construction of a new runway at Logan. Several communities around Logan, including the city of Boston are against the proposal. One argument is that Massport hasn't exhausted all other options to reduce the number of flights at to the international airport. That includes developing Hanscom as a commercial airport and/or having general aviation flights that currently land at Logan go to Bedford.

Leonard Singer of Boston-based Craighead Glick, counsel for Chelsea, pointed out that Hanscom is in the middle of a densely populated high-income area with enormous (air) traffic potential.

"It is beyond any doubt that the area around Hanscom supports use [of the field]," he added, citing a study commissioned by Massport several years ago that reached that same conclusion.

The potential number of passengers is between 500,000 and 800,000.

"Massport is confident that Worcester can support service even though Worcester has one-third of the passenger potential," Singer said. "There is an adequacy of demand [for Hanscom]."

The attorney also dismissed Massport's arguments that airlines would refuse to operate out of Hanscom because they would compete with their own operations at Logan.

"No airline professional has testified to that," Singer said. "Massport's position is that massive amounts of commercial service at Hanscom is not realistic."

"The fact that commercial service there (in the past) has had mixed results leads us to the conclusion that commercial service is market driven," said Roscoe Trimmier of Ropes & Gray in Boston. "Even if there were two times the volume [of commercial services] at Hanscom it would not make a meaningful dent at Logan."

Stephen Leonard of Brown, Rudnick, Berlack, Israels, counsel for the city of Boston, who compared Hanscom to LaGuardia, argued that the Bedford site has "essentially the same air side facilities" as the New York airport.

"But they (Massport) are perfectly happy to have a second LaGuardia serve no commercial purpose," he said. "General aviation, for example, also could be transferred easily to Hanscom."

"Massport could ban general aviation at Logan during certain hours," said Leonard. "This is supported by FAA documents. And at peak hours, Logan has 10 general aviation flights per hour. If you take that out, it makes an enormous difference."

Instead, argued Leonard, Massport has adopted an "It-can't-be-done-at-Hanscom" attitude.

"Massport's response to any suggestion is that "the FAA (Federal Aviation
Administration) "won't let us" or "Did you know that there is a 60-seat limit at Hanscom?" said Leonard.

In a later interview Trimmier stated that the record "doesn't support" viable commercial activity at Hanscom.

"So far 23 organizations have tried it, plus there are environmental issues and community opposition," he said.

Trimmier added that even if the judge decided that Massport should do more to encourage commercial and general aviation at Hanscom that decision would not be legally binding. Building a new runway at Logan and continuing to divert traffic to Manchester and Providence, he said, "is more feasible than trying to divert traffic to Hanscom."

- Decisions, Decisions

In 1976, Massport agreed to an injunction against building more runways at Logan. Today, Massport wants the court to set aside, or at the very least adjust, the injunction so that a new runway can be constructed.

When the trial began in June 2001, Massport asked for at least one of four decisions. First on the list would be a declaration that the injunction doesn't apply to this particular project and even if it does, the single "infirmity" that established the basis for the injunction - Massport's failure to comply with MEPA regs - no longer exists.

The Massachusetts Executive Office of Environmental Affairs did not exist until the mid-1970s and the process of compliance was still being adjusted and agencies were getting used to the process.

If all else fails, Massport argued that a quarter-century later equity issues are involved and that the court should eliminate the injunction or modify it.

Final closing arguments in the case are expected to take place within the next two to three months.

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