Re: [MysticCrossing] Sister agreement in jeopardy
- Feb 2005 IS the extended deadline. Here's the legal agreement:
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
(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
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.
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
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”).
June 30, 2004
Submit a draft conservation easement or property transfer agreement to EPA.
July 31, 2004
EPA shall comment on the draft conservation easement or property
transfer agreement, if EPA chooses to comment at all.
December 31, 2004
Property transfer/placement of easement must be complete.
- 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?
> 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
- 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:
Or for detailed district boundaries check:
Or simply click here for a great view
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.
Robert Mela wrote:
>Who are the reps and senators for that area? Mine in Medford arethat
>Donato and Shannon.
>Would it be useful to contact potentially supportive reps outside
>area ( e.g., Paulsen, Marzilli, Sciortino [ if he wins...] ) ?Does
>Jehlens district cover the Somerville side of the dam?towards
>>Great photos Bryce!
>>I am unaware of the Feb 05 deadline and hope the EPA will work
>>an extension (if not already underway). A letter writing campaignreps
>>would be very appropriate. I would suggest contacting local state
>>and senators for support.
- 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:
>Or for detailed district boundaries check:
>Or simply click here for a great view
>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.
- 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
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.
> 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
- Oh... I see.... Assembly Square, not North Point.
So Assembly Square is going mixed-use rather than Big Box after all?
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
- 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
I motivated a letter from the MassBike executive director. The
Charles River Waterfront Coalition has promised one. I'm working on
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.
Attachment: copy of letter
Robert Mela wrote:
>I know Sciortino will be supportive ( he's trying to live car-free ).DATE
>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...
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
Massachusetts Bicycle Coalition
Janice Kearny, MBTA Environmental
Kathy Abbott, DCR Commissioner
Dan Driscoll, DCR Planning
Copy of consent decree
- --- Bryce Nesbitt <bryce1@o...> wrote:
> Letters to the MBTA and DCR are urgently needed, to keep these twoEPA 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
- Great! And how about Walk Boston?
>--- 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