Off-Cape legislators file amendments to reduce project referrals.

BOSTON — Two central Massachusetts lawmakers have filed proposals to significantly limit operations of the Cape Cod Commission, bypassing most of the Cape’s legislative delegation and igniting the political equivalent of a turf war.

The amendments to Gov. Charlie Baker’s supplemental budget legislation were filed on Beacon Hill within the past week by state Sen. Dean Tran, R-Fitchburg, in the Senate and state Rep. Jonathan Zlotnik, D-Gardner, in the House.

The proposed amendments advocate for eliminating the ability of towns in Barnstable County to make discretionary referrals for projects under 10,000 square feet to the Cape Cod Commission for review.

State Sen. Julian Cyr, D-Truro, said Tran told him Tuesday that the amendment was filed on behalf of constituent Gregg Lisciotti, president of a Leominster-based real estate and development company known for its retail centers.

“Most towns on Cape Cod don’t have the resources to conduct analysis on complicated development proposals,” Cyr said. “Fortunately, they are able to rely on the Cape Cod Commission for discretionary referrals. If (the amendments) passed, it would add significant costs to towns and provide advantage to developers.”

The districts served by Tran and Zlotnik are more than 100 miles from Cape Cod.

“This is not the first time somebody has tried to slip in an amendment to change the rules on Cape Cod for the benefit of the rich and entitled,” Cyr said. “It really makes me angry that some people have the audacity to think they can bend the rules to their favor.”

Lisciotti is a major donor to Republican elected officials and candidates in the state, including Baker and Lt. Gov. Karyn Polito, and is a member of the board of directors of the Massachusetts Convention Center Authority.

Locally, he has made the maximum allowable campaign contributions to state Rep. William Crocker, R-Centerville, in 2016, 2017 and 2018, according to the Massachusetts Office of Campaign and Political Finance database.

Crocker said Wednesday that he had been asked by Lisciotti to consider filing the amendment. He said he worked with House counsel to draft the language eventually filed by Zlotnik but was not prepared to file it himself, citing the need to conduct more investigation and have discussion with constituents and the commission. Crocker said he did not approach Zlotnik to file the amendment.

Lisciotti also made the maximum $1,000 campaign contribution to Tran in 2018.

State Rep. Timothy Whelan, R-Brewster, who serves on the House Committee on Ways and Means, was the first member of the Cape delegation to notice the amendments when reading through the supplemental budget filings last week.

“I brought it to the attention of my colleagues because it affects development and projects in our backyards,” said Whelan, who said he thought the intent of Zlotnik’s amendment was to take power away from the commission and Cape towns.

“It’s not customary, it’s outside of the norm, but it’s within his rights to file any amendment,” Whelan said of Zlotnik. “But I certainly wouldn’t file anything to do with Gardner.”

Zlotnik eventually withdrew the amendment during the House debate after being confronted by members of the delegation.

The Senate will debate proposed amendments to the supplemental budget Thursday.

“I will do everything I can to make sure this (Tran’s) amendment doesn’t advance, and it won’t,” Cyr said.

According to the company website, clients of Lisciotti Development Corp. include Dollar General, Dollar Tree, Burger King, Chick-fil-A, Tractor Supply Co., CVS, Five Guys and many other well-known retailers and chain restaurants.

In 2017, a Lisciotti Development project to build a 9,100-square-foot Dollar General store in Eastham was referred to the Cape Cod Commission, but the company never submitted a Development of Regional Impact application.

Lisciotti had not returned a call from the Times as of late Wednesday.

“It is unsettling that anybody outside the district would file an amendment to the Cape Cod Commission Act — especially since it’s such a confusing and problematic amendment — without any consultation with the commission, and more importantly from the citizens of Cape Cod, who should have the opportunity to be heard,” said Kristy Senatori, executive director of the commission.

The Legislature passed the Cape Cod Commission Act in 1989 in response to a decade of booming development. The commission is the region's land-use planning, economic development and regulatory agency.

Cyr questioned why Lisciotti would not approach all members of the Cape and Islands delegation regarding an amendment that would affect the entire region.

“Mr. Lisciotti, if you wanted to discuss something, all you had to do was come in and meet with me,” Cyr said. “Anyone who has spent more than three minutes working with the Cape and Islands delegation knows we work in a bipartisan and collaborative fashion. Going to legislators from central Mass. is insulting to members of this delegation who work so hard for the region.”

A spokeswoman for Tran declined to comment on the amendment until after the Senate hearing concludes Thursday.

Several calls seeking comment from Zlotnik this week were not returned.

“I get that my colleagues are in a tough place when an influential constituent comes to them and asks to file something,” Cyr said. “They were placed in a difficult position, but this is obviously someone who knows government well and wanted to quietly slip in a change that would benefit him financially.”

Follow Geoff Spillane on Twitter: @GSpillaneCCT.