SEC named as one of Dirty Dozen list
Published on December 3rd, 2003
Strolling unannounced into the Gutierrez Company's Burlington Headquarters with a mock environmental award in hand, four Stoneham Executive Center (SEC) protestors confronted a company representative before being briskly expelled from the property.
The four protestors were there on behalf of the Toxics Action Center (TAC), an environmental watchdog group there to "award" the Gutierrez Company with one of their Dirty Dozen Awards.
The plaque, one of 12 annual Dirty Dozen awards given by the Toxic Action Center to businesses deemed to pose the largest environmental threats to New England, was bestowed upon the developer for its plans to pave over 29,000 square feet of the Fellsway Reservation for the SEC, according to Jay Rasku, the Field Director for the non-profit advocacy group.
Meeting the four unexpected visitors in the company's lobby, David Potenza, the Gutierrez Company's Director of Property Management, angrily refused to accept the award on Vice-President Arthur Gutierrez, Jr.'s behalf.
"I'm not going to accept that. It denigrates us as a company, and there's no truth to that," stated Potenza, who wouldn't even touch the award. "We don't pollute anything. In fact, we do the opposite. So why would you hand out something like that to a company that cleans property up?" Potenza asked.
"This is a historic site and we shouldn't be turning over any pubic land so a developer can make a quick buck. That's the key thing...I know he [Gutierrez] has tried to do a couple of things to alleviate water contamination of Spot Pond, but that also is still a major concern," Rasku remarked.
Citing misinformation in the official Toxics Action Center write-up for the award that lists 29,000 square feet of public parkland being used for parking lots, the permanent removal of 60 trees, and inferences that the project will contaminate or pollute Spot Pond, Gutierrez wants to make sure the public is aware of what he deems the true facts.
"I think this is ridiculous and there's no factual basis for it. We're not paving over 29,000 square feet of land - it's 18,000 square feet that's being converted from green space to pavement to widen roads. And a lot of that space is being taken from land that's already cleared. It's not like we're destroying a virgin forest there and we're replacing any downed trees with a two-to-one ratio," remarked Gutierrez early this Wednesday morning after returning from a business trip.
Prior to the lobby confrontation, the four activists endured the stinging cold outside the Burlington building to explain their reasons for joining the protest. The most vocal of the group, Friends for Fells President and Melrose resident Mike Ryan blasted Gutierrez for his proposed 1 million square foot office park.
"We are here to deliver a message and an award to Mr. Gutierrez. The message is that we will not allow you to drive a stake into the heart of the Fells...You will not be allowed to transform our parkways into a traffic infested, exhaust filled nightmare to serve your great greed," Ryan declared.
"The award we will deliver today to Mr. Gutierrez places him in the company of others in the Commonwealth who must be reminded in the strongest terms of their civic responsibilities -- that they cannot continue to steal our land, that they cannot continue to poison our health because they think this is the way it is always done," Ryan added.
Appearing blindsided by the award and being offered little tangible information explaining the reasons for receiving the plaque, Potenza defended his company's environmental record and strongly refuted the charge that the Gutierrez Company would seize public land for its development.
"It just really confused me because I didn't know what they were talking about. We were completely unaware that this was going to occur. No parkland will become our property...We have bought properties that have had pollutants and we've removed them. So we improve the environment and we have documentation to show that we reverse pollution," remarked Potenza.
"Our properties have never been cited for environmental violations while we've controlled them...We would never even show up on anybody's radar screen. We don't even use salt to melt ice on sidewalks," added Potenza, who cited the removal of large quantities of asbestos from the Boston Regional Medical Center site as evidence of their commitment to the environment.
Still agitated by the confrontation, Potenza also questioned his company's place among the dirty dozen's other 11 recipients, which include several landfills, a nuclear power plant, and pesticide users.
With the majority of other businesses on the Toxic Action Center's list being directly linked to specific contamination of nearby neighborhoods, the property manager considered the award to be an attempt to smear his company's good name.
"The net effect of what we do on properties is we remove existing pollutants. We're a responsible property owner and a good community citizen. I'm just sitting here in awe right now. This award is so misconstrued that I can't even respond to it anymore," the property manager vented.
While the Stoneham Board of Selectmen also had no idea the Gutierrez Company was named one of the Toxic Action Center's Dirty Dozen, several Selectmen challenged the timing and nature of the award.
"It just doesn't seem consistent with the other choices. All these other ones seem to deal with contamination. I just think it's unwarranted and if they're accusing the Gutierrez Company of polluting in any way, it's not an issue because they're not," remarked Selectman Tony Kennedy.
"In this case, I can't really comment because I don't know much about it. But I think timing has everything to do with it and everybody opposing this project is pulling out all the stops," said Selectmen Chairwoman Mary Pecoraro.
For his part, Ryan still stands by his comments and accused the Selectmen of allowing themselves to be bought off by Gutierrez.
"This is a man who's coming in with big bucks, promising his tax relief and buying his way into this project. The man is a snake. I'm sorry but he just doesn't have a clue about what he's messing with," charged Ryan. "The Selectmen got bought off in Stoneham. That's like selling your soul for a few bucks."
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