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The Massachusetts Gaming Commission may give Boston a trump card in its ongoing battle with Wynn Resorts, requiring as a condition of licensure that the Las Vegas casino operator obtain traffic mitigation permits from the city by July 1 next year or risk license revocation.
The bombshell item was inserted into the set of license conditions submitted to Wynn on Wednesday. It was not included in the original set of conditions outlined by Commissioner Gayle Cameron at the public hearing on Tuesday and wasn’t discussed during deliberations by the commission on Wednesday. Wynn, which is competing against Mohegan Sun for a Greater Boston casino license, has until Friday at 5 p.m. to respond to the conditions. The commission itself will begin its deliberations on awarding the Greater Boston casino license on Monday.
Hank Shafran, a spokesman for the Gaming Commission, acknowledged Cameron did not specifically mention the discretion to revoke the license in her public presentation on Tuesday to the other commissioners. Asked late yesterday who included the license revocation condition in the list of conditions sent to Wynn, Shafran said he didn’t know.
Wynn officials declined comment.
Boston has been feuding with Wynn for much of this year. The tension culminated in July with Boston Mayor Marty Walsh’s decision to stop negotiating with Wynn on a surrounding community agreement and to leave the issue of mitigation to the Gaming Commission. The commission earlier this week said it would require Wynn as a condition of licensure to pay the city $1 million up front and $2.6 million annually, as well as contribute potentially tens of millions of dollars to relieve congestion at Sullivan Square in Boston.
Those mitigation payments were far less than what Boston negotiated with Mohegan Sun, which agreed to pay the city $20 million a year. Walsh is preparing to send a letter to the Gaming Commission that would apparently raise concerns about its decisions.
Two of the four commissioners who will award the Greater Boston casino license have said Sullivan Square, through which two-thirds of Wynn patrons would travel, is a traffic bottleneck that needs to be addressed. Cameron outlined a number of initiatives Wynn would have to fund to relieve congestion. Commissioner James McHugh has said repeatedly that Wynn, the city of Boston, and state transportation officials need to get on the same page in addressing the traffic problems. The permit condition may be an attempt by the commission to force the parties to negotiate.
As recently as August, the city and Wynn did not appear to be on the same page. In an August 8 letter from the Boston Transportation Department to Maeve Bartlett, the state’s secretary of energy and environmental affairs, city officials harshly criticized Wynn for failing to adequately address congestion problems at Sullivan Square in environmental filings with the state. The city officials also noted that they first learned about Wynn’s mitigation plans for Sullivan Square by reading the filings.
“The mitigation plans for Boston streets were developed without consulting the Boston Transportation Department,” wrote James Gillooly, the interim commissioner of the city transportation department.

