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Owners of buildings such as Shaw's Supermarket in Newton are responsible for maintaining tunnels. (David Kamerman/Globe Staff) |
Little oversight of tunnels under private buildings
Turnpike seeks more inspections
The Massachusetts Turnpike Authority has no legal responsibility for aging tunnels beneath private buildings through which thousands of turnpike commuters drive every day - a lack of oversight that has infuriated some state legislators and other officials.
Long-term leases leave inspections, maintenance, and repairs up to the owners of the office buildings, hotels, or other commercial projects over the turnpike - including the Prudential Center and Copley Place in Boston, and the Sheraton Hotel and Shaw's Supermarket in Newton. The Turnpike Authority, which controls only the roadways, has done little to guarantee that these private owners are keeping the infrastructure in good shape.
Owners of some of the properties said they inspect the tunnels and make repairs. And Turnpike Authority officials insisted last week that the tunnels are safe. But they acknowledged they don't know how often they have been inspected or by whom. They said they have collected inspection reports from private owners, but the Turnpike Authority has not responded to a public records request for the reports submitted by the Globe Dec. 14.
Last month, the Turnpike Authority's new executive director, Alan LeBovidge, issued a policy directive that seeks to give the agency more control over the tunnels and other private infrastructure. Under the new policy, private owners will be asked to conduct regular inspections and state engineers will perform their own.
"In the past, the Authority relied on the private entities to inspect and maintain their structures under the lease terms," said Mac Daniel, Turnpike Authority spokesman. "Turnpike engineers and maintenance crews did perform spot checks on the tunnels, but they were informal."
Under leases negotiated in some cases decades ago, the private businesses are required to maintain their tunnels, decks, and other supporting structures. But the leases do not specify who should inspect the infrastructure or how often inspections should be done. At least one major property owner, of the Hancock garage, told the Globe that no inspections were required under the lease.
Lawmakers yesterday said they were stunned to learn that the Turnpike Authority has no legal or financial obligation for the tunnels under private developments.
"It's outrageous," said state Senator Steven A. Baddour, a Methuen Democrat who is chairman of the Joint Committee on Transportation. "With all the problems in just the last 20 years, you'd think the Turnpike Authority would have had protocols for every tunnel, every road, and every bridge. It's unacceptable."
Senator Mark C. Montigny, Democrat of New Bedford, a member of the Transportation Committee and former Ways and Means chairman, said he was "horrified" that even after the Interstate 90 connector tunnel ceiling collapse that killed a motorist in July 2006, the Turnpike Authority continued to leave maintenance and repairs of the heavily traveled tunnels in the hands of private businesses.
"In most other states when there is a disaster, government reacts and makes changes," he said. "We're all shocked and horrified, and nothing changes."
There has been at least one incident in a turnpike tunnel since the I-90 ceiling collapse that killed Milena del Valle.
Joanne Caliguri of Waltham, a Department of Defense analyst, was returning home from the office Oct. 12, 2006, when chunks of material fell in the Prudential Tunnel, shattering her sunroof and the trunk of her new car. "It was the scariest day of my life," said Caliguri, who is still afraid to drive to work and has panic attacks when she enters the tunnel.
She doesn't know exactly what happened. When she contacted the Turnpike Authority, she was referred to the owner of the Prudential Tower,
Under the new policy issued this month, development owners will be asked to hire experienced structural engineers to inspect the ceilings of the tunnels and overhead systems once a year and the rest of the tunnel every three years. They cannot be ordered to inspect because their 99-year leases do not contain such rigorous standards. State engineers will also inspect the private tunnels, at the tenants' expense, under the policy. Last January, the Turnpike Authority issued a similar policy mandating regular inspections of all of the tunnels it owns, including the I-90 tunnel in which del Valle was killed, and the Sumner and Callahan tunnels.
All future inspection reports, according to the new policy, will be made public. If a private owner refuses to follow the policy or make any requested repairs, Turnpike Authority officials say they will use whatever leverage they have under the lease to force compliance. But it is unclear what the Turnpike Authority could do to force owners to make repairs.
Officials of several companies with developments over the Mass. Pike said they had not yet seen the new policy and did not want to comment. They said, however, that they have kept up with their legal obligation to maintain and repair their tunnels.
"Since the Star Market was built in 1962, as part of the air rights agreement, regular inspections were required," said Judy Chong, spokeswoman for Shaw's Supermarkets, which took over the store. "This is nothing new," she said, adding that the most recent inspection was done last spring.
"We spent about a year repairing the retaining walls on the side of the tunnel. We also have additional repairs scheduled for next year to the overhead part," she said.
James E. Rooney, executive director of the Massachusetts Convention Center Authority, which operates the Hynes convention center facility over the turnpike, said his Authority has an obligation to inspect and maintain the deck and roof, which it owns. The Authority earmarks a budget for such costs, regularly does maintenance, and in 2006 made substantial repairs on the tunnel roof after a bus fire on the turnpike caused major damage, he said.
Broadway Partners Fund Manager LLC owns the John Hancock Tower and a large parking garage over the turnpike. Under its lease with the Turnpike Authority, Broadway must maintain and repair columns and walls and pay for lighting. "Right now we're undergoing a project of re-fireproofing some steel," said Alan G. Rubenstein, director of asset management for Broadway Partners, based in New York.
State Inspector General Gregory Sullivan, who first raised questions about the conditions of the aging structures last spring, praised the Turnpike Authority for finally trying to fix a problem that could have had tragic consequences.
"Long ago the turnpike entered into these 99-year leases," he said. "It was a huge mistake. They left it up to supermarkets, department stores, and condo associations to inspect and maintain tunnels. Finally, the state will take responsibility to make sure the inspections are done - no matter what. "
He said he was stunned that the Turnpike Authority took no action after Caliguri's car was struck - especially because it happened so soon after concrete panels fell from the I-90 tunnel.
© Copyright 2008 Globe Newspaper Company.
