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Standoff puts the House on hold

Two at loggerheads over liquor at Westwood Station supermarket

By John C. Drake
Globe Staff / August 28, 2008
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Business in the Massachusetts House has been brought to a standstill for two weeks by two lawmakers who are locked in a hard-nosed debate over a decidedly small issue: whether to grant a liquor license in the town of Westwood.

August is typically a breezy period on Beacon Hill marked by local bills and legislative housekeeping, so the dispute does not threaten to cripple state government, by any means.

Nonetheless, the skirmishing under the gold dome of the State House has become especially fierce for late summer in the Legislature. It highlights how small-town debates can become ensnared in Beacon Hill politics under state laws that require some local communities to get legislative approval for routine action.

On one side is Representative Angelo Scaccia of Hyde Park, who is strongly determined to block a liquor license request for a new Wegmans supermarket in Westwood. His reason for putting a hold on the bill, he says, is that it would be unfair to an existing Roche Bros. supermarket in Westwood. Roche Bros. does not have a liquor license and has hired a well-connected lobbyist to oppose the Wegmans license, which could put Roche Bros. at a significant competitive disadvantage.

"This petition will not get through this year, period," Scaccia said.

On the other side is Representative Paul McMurtry, a freshman Democrat from Dedham who also represents Westwood and is sponsor of the Wegmans bill. McMurtry has employed parliamentary tactics to block all business on the House floor in protest of Scaccia's hold. McMurtry said he may continue to block all House action today when representatives return to the chamber.

"This has taken on a life bigger than what typical home-rule petitions take on," McMurtry said in a telephone interview yesterday. "It's the underlying principles of democracy. It's not just about the liquor license."

Westwood leaders fret that the impasse could threaten development of Westwood Station, a sprawling mixed-use development off Route 128 in which Wegmans is expected to be an anchor tenant. Westwood Selectwoman Nancy Hyde said Wegmans, a high-end chain based in New York, has told town officials it may reconsider opening at Westwood Station if it cannot sell beer and wine.

Selectmen in the once-dry town only have the authority to grant liquor licenses to restaurants. Efforts to expand that authority to retail outlets have failed in Town Meeting and ballot initiatives, so only the Legislature can grant the license, provided Town Meeting approves.

McMurtry said the home-rule petition was approved by the town's Board of Selectmen and Town Meeting, albeit by only 38 out of nearly 800 votes. He added that the issue cannot wait until formal legislative sessions resume in about three months, when Scaccia's hold could be overruled.

"Everyone's home-rule petitions are important," he said, "but this one is a key component in financing for a project that's been in the works for well over five years. For us to have to wait for the return of formal session in January, it could be too late. I can't allow that to occur on my watch as a state representative."

Scaccia said he is fighting to protect the interests of Roche Bros., a locally owned grocery chain with 15 stores in the state that has been an important corporate citizen of his Boston district.

A long-time football referee, Scaccia used a sports analogy to explain why he is getting involved in a home-rule petition that does not involve his community.

"I only call a foul when one team gains an advantage over the other," he said. "In this situation, Roche Bros. has been [put at a] disadvantage by the town of Westwood."

Roche Bros. has liquor licenses at three other stores in the state, the most the company is allowed under state law. The grocery chain opposed the liquor license for Wegmans at Town Meeting. It has hired former House majority leader Maryanne Lewis, who lives in Westwood and served with Scaccia in the House from 1995 to 2002, to lobby against the bill.

McMurtry said the lobbying efforts led to the delay in getting the petition approved, but Scaccia said his former colleague Lewis "just happens to be on the right side of this issue" and did not influence his position.

He said he will only lift his hold on the Wegmans license if the bill is changed to allow multiple licenses in the town.

House Speaker Salvatore F. DiMasi, who has huddled with both lawmakers in a bid to break the standoff, appeared to backtrack yesterday from previous statements he made in support of getting McMurty's bill approved.

A spokesman told State House News Service last week that the speaker was working with McMurtry to "get this bill done for his district." Yesterday, spokeswoman Victoria Bonney offered a more limited assessment of the speaker's intervention.

"The speaker is very aware of this issue and is working with both representatives to resolve it as soon as possible."

John C. Drake can be reached at jdrake@globe.com.

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