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Re: [MysticCrossing] Sister agreement in jeopardy

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  • Bryce Nesbitt (mailing list account)
    Feb 2005 IS the extended deadline. Here s the legal agreement: +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ APPENDIX E Scope of Work
    Message 1 of 23 , Oct 26, 2004
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      Feb 2005 IS the extended deadline. Here's the legal agreement:
      +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

      APPENDIX E
      Scope of Work
      Supplemental Environmental Project
      Mystic River Path Extension


      A. Supplemental Environmental Project Description (SEP)

      1. The MBTA shall donate or place a conservation easement on at least
      one acre of MBTA-owned property (the “Property”) so that the Mystic
      River Path may be extended from the Draw Seven Park in Somerville,
      Massachusetts, to Route 99 in Boston. A map of the proposed path
      extension is attached (although the map does not indicate the width of
      the path, which will vary along its length). The primary purpose of the
      SEP is to promote bicycle commuting into Boston, which should reduce air
      and water pollution associated with car commuting. Also, although this
      SEP does not include the design or construction of the path, the design
      is expected to incorporate several elements that will reduce pollution
      carried to the river through stormwater runoff. In addition, the
      Property is expected to be capped (either with new soil or paving
      materials) to reduce risks from any pre-existing contamination that may
      be in the soils.

      2. While the parties recognize that the property width will vary in
      places, the Property should:

      (a) run along the Mystic River from the Draw Seven Park to Route 99,
      unless EPA agrees in writing that another course for the path is
      acceptable;

      (b) consist of at least 1 acre; and

      (c) at its most narrow point, be sufficiently wide to allow for the
      construction of a seven foot-wide path.

      3. MBTA shall do its best to contain costs associated with the design
      and construction of the path by reducing path constriction points to the
      bare minimum. For example, where MBTA can help lower the costs
      associated with designing and building the path by moving private car
      parking spots to another location within the bus yard or to one of
      MBTA’s adjacent properties, MBTA shall do so.

      4. If MBTA chooses to place a conservation easement on the Property
      instead of donating it in fee simple, the conservation easement shall
      name the United States as a third party beneficiary so that the United
      States has the authority to enforce the easement. Any land transfer
      document shall require the Property to remain in perpetuity as a public
      park.


      5. Access: MBTA shall provide access at all reasonable times to
      employees of the Massachusetts Department of Conservation Resources,
      MassBike, the cities of Somerville and Boston, utility companies,
      contractors and EPA to facilitate the design and construction of the
      path. It is understood that such employees will need to observe MBTA
      safety procedures. In addition, MBTA shall provide public access to the
      path once it is complete.

      B. SEP Deadlines

      The following table describes the deadlines for completing the SEP.


      Date
      Action Required
      Responsible party
      Whether Stipulated Penalties apply

      April 30, 2004
      Determine whether the land transfer shall be in fee simple or through a
      conservation easement and whether the grantee(s) shall be the Cities of
      Somerville and Boston or the Massachusetts Department of Conservation
      and Recreation.
      MBTA
      no

      May 31, 2004
      Submit to EPA a survey indicating the boundaries of the land that will
      be donated or placed under a conservation easement (“the property”).
      MBTA
      no

      June 30, 2004
      Submit a draft conservation easement or property transfer agreement to EPA.
      MBTA
      yes

      July 31, 2004
      EPA shall comment on the draft conservation easement or property
      transfer agreement, if EPA chooses to comment at all.
      EPA
      no

      December 31, 2004
      Property transfer/placement of easement must be complete.
      MBTA
      yes
    • EPDMARINE
      ouch! Feb 2005 IS the extended deadline.
      Message 2 of 23 , Oct 26, 2004
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        Message
        ouch!
         

         
        Feb 2005 IS the extended deadline.
      • Bryce Nesbitt (mailing list account)
        EPDMARINE wrote: Message ouch! Ouch, yes. Yet they ve taken the first few steps. It is not too late. But it won t happen unless some fires start getting lit
        Message 3 of 23 , Oct 26, 2004
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          EPDMARINE wrote:
          Message
          ouch!
          Ouch, yes.  Yet they've taken the first few steps.  It is not too late.  But it won't happen unless some fires start getting lit under people's behinds.

                          -Bryce
        • Robert Mela
          Who are the reps and senators for that area? Mine in Medford are Donato and Shannon. Would it be useful to contact potentially supportive reps outside that
          Message 4 of 23 , Oct 30, 2004
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            Who are the reps and senators for that area? Mine in Medford are
            Donato and Shannon.

            Would it be useful to contact potentially supportive reps outside that
            area ( e.g., Paulsen, Marzilli, Sciortino [ if he wins...] ) ? Does
            Jehlens district cover the Somerville side of the dam?



            EPDMARINE wrote:

            > Great photos Bryce!
            >
            > I am unaware of the Feb 05 deadline and hope the EPA will work towards
            > an extension (if not already underway). A letter writing campaign
            > would be very appropriate. I would suggest contacting local state reps
            > and senators for support.
            >
            >
            > Officer Patrick Johnston
            > Everett Police Marine Division
            > 617-905-3747
          • Bryce Nesbitt
            YES! Any rep who is willing to write a letter to the MBTA and DCR is valuable here. Any rep with a district within walking distance should be a supporter.
            Message 5 of 23 , Oct 31, 2004
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              YES! Any rep who is willing to write a letter to the MBTA and DCR is
              valuable here. Any rep with a district within walking distance should
              be a supporter. Connecting the Boston Harborwalk to miles of trails up
              the Mystic should be very popular, even with representatives of other
              Harborwalk districts all the way down the shoreline. If you're
              willing to make the contacts, more power to you!

              For lists of officials, see:
              http://www.wheredoivotema.com/bal/myelectioninfo.php

              Or for detailed district boundaries check:
              http://www.mass.gov/mgis/mapping.htm
              Or simply click here for a great view
              http://tinyurl.com/4q7bq
              Or here:
              http://tinyurl.com/5d9b4
              I submitted both EPA settlements to the state GIS office, so they'll
              show on the maps above. Just turn on feature Conservation/Trails/Bicycle.


              The land swap spans the districts of Rep O'Flaherty and Toomey, and
              Senator Shannon and Barrios.

              -Bryce


              Robert Mela wrote:

              >Who are the reps and senators for that area? Mine in Medford are
              >Donato and Shannon.
              >
              >Would it be useful to contact potentially supportive reps outside
              that
              >area ( e.g., Paulsen, Marzilli, Sciortino [ if he wins...] ) ?
              Does
              >Jehlens district cover the Somerville side of the dam?
              >
              >
              >
              >EPDMARINE wrote:
              >
              >>Great photos Bryce!
              >>
              >>I am unaware of the Feb 05 deadline and hope the EPA will work
              towards
              >>an extension (if not already underway). A letter writing campaign
              >>would be very appropriate. I would suggest contacting local state
              reps
              >>and senators for support.
            • Robert Mela
              I know Sciortino will be supportive ( he s trying to live car-free ). I m pretty well tied up until Tuesday helping his campaign. I ll work on letters &
              Message 6 of 23 , Oct 31, 2004
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                I know Sciortino will be supportive ( he's trying to live car-free ).
                I'm pretty well tied up until Tuesday helping his campaign.

                I'll work on letters & contacts over the next couple weeks once we get
                through this election. Barrios has been a good friend of Bike to the
                Sea, I imagine Pat Jehlen will be for it, as well as Jim Marzilli, and
                Anne Paulsen, though they're a bit further afield.

                Would it help to get city councillors / aldermen on board? I'm
                familiar with Medford and only vaguely familiar with Somerville. For
                Malden and Everett I have no clue, but I figure Steve Winslow & Patrick
                Johnson have those covered... Although half the Medford City Council
                hates me, the other half might be willing to sign a letter.

                As for meetings -- dinner / childrens' bedtime is a non-starter for me.
                The time I have to contribute is generally between 10 PM and 11 PM on
                nights when I don't get paged from work and/or can get away with leaving
                the house a mess...



                Bryce Nesbitt wrote:

                >YES! Any rep who is willing to write a letter to the MBTA and DCR is
                >valuable here. Any rep with a district within walking distance should
                >be a supporter. Connecting the Boston Harborwalk to miles of trails up
                >the Mystic should be very popular, even with representatives of other
                >Harborwalk districts all the way down the shoreline. If you're
                >willing to make the contacts, more power to you!
                >
                >For lists of officials, see:
                >http://www.wheredoivotema.com/bal/myelectioninfo.php
                >
                >Or for detailed district boundaries check:
                > http://www.mass.gov/mgis/mapping.htm
                >Or simply click here for a great view
                > http://tinyurl.com/4q7bq
                >Or here:
                > http://tinyurl.com/5d9b4
                >I submitted both EPA settlements to the state GIS office, so they'll
                >show on the maps above. Just turn on feature Conservation/Trails/Bicycle.
                >
                >
                >The land swap spans the districts of Rep O'Flaherty and Toomey, and
                >Senator Shannon and Barrios.
                >
                > -Bryce
                >
                >
              • Robert Mela
                The 5 mixed use developments -- are they 1) North Point, Cambridge 2) Charlestown Navy Yard 3) Rivers Edge, tri-city 4) Mystic Place, Medford 5) Mystic
                Message 7 of 23 , Oct 31, 2004
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                  The 5 mixed use developments -- are they

                  1) North Point, Cambridge
                  2) Charlestown Navy Yard
                  3) Rivers Edge, tri-city
                  4) Mystic Place, Medford
                  5) Mystic Landing, Everett

                  I was in Baltimore part of last week. What they've done with the
                  waterfront in just two decades has been astounding, and it hasn't
                  stopped. There's new office construction, and there are new residential
                  developments on the south side of the inner harbor. The old warships,
                  coast guard cutter, lighthouse ship... all that are neatly integrated
                  around rental pedalboats, restaurants, the Hard Rock Cafe, an
                  outstanding acquarium, childrens museum, etc. & etc...

                  What's happening along the Mystic has all sorts of potential & positive
                  ramifications. I just hope it's done well.

                  Actually, I'd just be happy with sailboat rentals or a place to keep a
                  small sailboat...

                  Unfortunately meetings are a no-go for me unless its teleconference
                  early AM or after childrens bed time. The best I can do is write
                  letters, start a blog or web site & try to make some contacts.


                  EPDMARINE wrote:

                  > You should also be aware that there are plans for development old the
                  > Charlestown Navy Yard Lot 5 (where Testa currently has a Big Dig
                  > laydown yard) alongside the Little Mystic Channel. This would be the
                  > 5th mixed use development along the water within a mile of each other.
                  > I have contacted the Rivers Edge developer regarding a water based
                  > transportation link. This developer (John Preotle) was instrumental in
                  > the design phase of the Wellington Greenway). There are many
                  > possibility here. Perhaps we should hold a Mystic Crossing meeting in
                  > the near future to discuss these and other issues?
                  >
                  >
                  > Officer Patrick Johnston
                  > Everett Police Marine Division
                  > 617-905-3747
                • Robert Mela
                  Oh... I see.... Assembly Square, not North Point. So Assembly Square is going mixed-use rather than Big Box after all?
                  Message 8 of 23 , Oct 31, 2004
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                    Oh... I see.... Assembly Square, not North Point.

                    So Assembly Square is going mixed-use rather than Big Box after all?

                    http://www.ci.somerville.ma.us/departments/development/FinalASMDZoning042204.pdf

                    Robert Mela wrote:

                    >The 5 mixed use developments -- are they
                    >
                    >1) North Point, Cambridge
                    >2) Charlestown Navy Yard
                    >3) Rivers Edge, tri-city
                    >4) Mystic Place, Medford
                    >5) Mystic Landing, Everett
                    >
                    >
                    >
                  • Bryce Nesbitt
                    With the elections out of the way, what s next? Letters to the MBTA and DCR are urgently needed, to keep these two EPA settlements from reverting to fines. I
                    Message 9 of 23 , Nov 4, 2004
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                      With the elections out of the way, what's next? Letters to the MBTA and
                      DCR are urgently needed, to keep these two EPA settlements from reverting
                      to fines.

                      I motivated a letter from the MassBike executive director. The
                      Charles River Waterfront Coalition has promised one. I'm working on
                      Harborwalk/
                      The Boston Harbor Association.

                      Who else is willing to jump into the party? A great public place hangs
                      in the balance.
                      Now is when a small effort can have a big payback.

                      -Bryce Nesbitt

                      Attachment: copy of letter


                      Robert Mela wrote:

                      >I know Sciortino will be supportive ( he's trying to live car-free ).
                      >I'm pretty well tied up until Tuesday helping his campaign.
                      >
                      >I'll work on letters & contacts over the next couple weeks once we get
                      >through this election. Barrios has been a good friend of Bike to the
                      >Sea, I imagine Pat Jehlen will be for it, as well as Jim Marzilli, and
                      >Anne Paulsen, though they're a bit further afield.
                      >
                      >Would it help to get city councillors / aldermen on board? I'm
                      >familiar with Medford...
                      >


                      DATE

                      Dear MBTA;

                      In 2003 the EPA levied a fine against the MBTA, for (among other things)
                      pollution in the Mystic River. As part of the settlement, the MBTA
                      agreed to a land transfer. We are writing out of concern that the
                      deadlines imposed by the EPA are fast approaching, and that an inferior
                      project may be substituted.

                      The settlement's land transfer creates a multi-use pathway between
                      Sullivan Square, the Boston Harbor Walk, and Assembly Square (see
                      attached maps). This is an area heavily impacted by decades of dirty
                      industrial use by many parties, but undergoing redevelopment. The
                      transfer would allow the MBTA to help create a great public place, and a
                      transportation link at the same time. The link hooks the Boston Harbor
                      Walk into scenic pathways up the Mystic River, and puts a new
                      residential development within walking distance of the proposed Assembly
                      Square Orange Line Stop. The project will be a public relations win, as
                      well as a transportation win.

                      We understand there are certain concerns: security, safety, lighting,
                      utility obstructions, and loss of several supervisory parking spots at
                      the Charlestown Bus Yard. We feel that all these concerns can be
                      mitigated in the project design stage. We believe that bus yard
                      employees will come to appreciate the new parkland created, on lunch
                      break. We firmly believe that attracting legitimate users to this
                      sparsely trafficked area enhances, and does not detract from, the
                      physical security of the facility. As cyclists, we believe that the
                      crossing of the bus yard entrance can be made safe even for the novice
                      cyclists such a pathway will attract.

                      We urge you not to substitute projects in this case. The river's edge
                      land transfer offers sweeping vistas of the Mystic River, and travelers
                      on the path will be visible to passing boats and to drivers on route
                      99. The alternative proposed route would not have these advantages.

                      We urge you to move up the priority of this land transfer, as originally
                      envisioned.

                      Dorie Clark
                      Executive Director
                      Massachusetts Bicycle Coalition

                      Cc:
                      Janice Kearny, MBTA Environmental
                      Kathy Abbott, DCR Commissioner
                      Dan Driscoll, DCR Planning

                      Attachments:
                      Map
                      Retouched Photo
                      Copy of consent decree
                    • kenmedford
                      ... EPA settlements from reverting to fines. Who else is willing to jump into the party? I can get letters sent from the Medford BiPeds and the Friends of the
                      Message 10 of 23 , Nov 5, 2004
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                        --- Bryce Nesbitt <bryce1@o...> wrote:
                        > Letters to the MBTA and DCR are urgently needed, to keep these two
                        EPA settlements from reverting to fines. Who else is willing to jump
                        into the party?

                        I can get letters sent from the Medford BiPeds and the Friends of
                        the Mystic River.

                        I can also ask Medford Mayor McGlynn, State Rep. Marzilli and the
                        Mystic River Watershed Assn. to send one.

                        - Ken Krause
                      • Bryce Nesbitt
                        Great! And how about Walk Boston?
                        Message 11 of 23 , Nov 5, 2004
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                          Great! And how about Walk Boston?


                          kenmedford wrote:

                          >--- Bryce Nesbitt <bryce1@o...> wrote:
                          >
                          >
                          >>Letters to the MBTA and DCR are urgently needed, to keep these two
                          >>
                          >>
                          >EPA settlements from reverting to fines. Who else is willing to jump
                          >into the party?
                          >
                          >I can get letters sent from the Medford BiPeds and the Friends of
                          >the Mystic River.
                          >
                          >I can also ask Medford Mayor McGlynn, State Rep. Marzilli and the
                          >Mystic River Watershed Assn. to send one.
                          >
                          >- Ken Krause
                          >
                          >
                        • kenmedford
                          ... I think Bob Sloane is on it.
                          Message 12 of 23 , Nov 5, 2004
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                            --- Bryce Nesbitt <bryce1@o...> wrote:
                            > Great! And how about Walk Boston?

                            I think Bob Sloane is on it.
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