[Denis MacDougall]: I'm just going to read our notice. Start the meeting via Zoom. So on February 12, 2020, Governor Baker signed into law a supplement to the COVID-19 fiscal appropriations and an extension through July 15, 2022, of certain authorizations related to public meetings. This new law extends the remote meeting provisions of the Governor's March 12, 2020 executive order suspending certain provisions of the open meeting law. In accordance with the 2020 executive order, this meeting of the City of Medford Energy and Environment Committee Conservation Commission is being conducted totally via remote participation using Zoom, including committee members and the public. The use of Zoom complies with the law's requirement to provide live, adequate, alternative means of public access to the deliberations of the public body instead of holding meetings in a public place that is open and physically accessible to the public. Persons would like to listen to or view this meeting while in progress may do so by using the link that was included on the meeting agenda posted on the City of Medford website. If despite our best efforts, we are not able to fly for real-time access, we will post a record of this meeting on the city's website in the near future at the link provided in the meeting agenda.
[Heidi Davis]: Thank you, Dennis. I will call the meeting to order. My name is Heidi Davis, and I'm co-chair of the Medford Conservation Commission, and I'm calling this public hearing to order at 6.32 p.m. on June 15th, 2022. As I'm sure everybody recalls, all votes will be taken tonight by roll call. Roll call vote. And at this time, I would ask the other members of the commission to please introduce themselves. Heather.
[Heather]: Heather Shantme Anderson, Conservation Commission member.
[Denis MacDougall]: Eric Rexford, Commission member.
[Christopher Bader]: Alexander Pachich, Commission member.
[Heidi Davis]: Thank you. I don't think we have any members of the public tonight. So we can skip that portion of the template, but following the presentation by the petitioner, the commission, of course, has the capacity to ask questions.
[Unidentified]: So who is going to be presenting to us tonight?
[Heidi Davis]: do we have more than one item on the agenda, Dennis?
[Denis MacDougall]: Well, actually, I was just trying to call up my, hold on a second, I'm going to switch computers here for a second. So we actually, just for purposes of, because it was posted on the agenda, the request for determination of applicability for 400 Mystic Ave is going to be continued until July 6. So that will not be heard tonight. So we're going to be moving on. The next item on the agenda is a notice of intent. DEV file number 215-0229, Bellevue Pond. The Massachusetts Department of Conservation and Recreation has filed a notice of intent for the implementation of an invasive plant management in the Bellevue Pond section of the Millisex Fells Reservation within jurisdictional areas, inland bank, vegetated wetland in the 200 Riverfront area, Floydsbrook, and Medford Bass. This film, the filing is being submitted as an ecological restoration limited project.
[SPEAKER_01]: Good evening, my name is Alia Chandi and I am an Inland Ecologist with the Department of Conservation and Recreation. I first wanted to thank Dennis for all his assistance with this filing and you can slow down if you're, you know, reading everything like the micromachine guy. Never. As Dennis mentioned, we are filing a project for ecological restoration at the Bellevue Pond area of the Middlesex Fells Reservation. Dennis, do you mind giving me access to be able to share screen so I can share a map? Thank you.
[Denis MacDougall]: You're all set.
[SPEAKER_01]: All right. Can everybody see the map that's on the screen?
[Unidentified]: Yes.
[SPEAKER_01]: Okay, so this is the project location. The project area includes the red and yellow polygons on this map. So here is Bellevue Pond. This is 93 South and the 28 Rotary, and then we have South Border Road. So the project area was selected based on an assessment that DCR completed back in 2017, where DCR hired consultants to do a a GIS desktop study that looked at different overlays of available mass GIS information, including Biomap2, Priority Habitat, Estimated Habitat, Vernal Pools, wetlands, and provide DCRI priority of areas that would require invasive surveys and invasive management. This is one of the areas that was highlighted for the north region of the DCR parks. There was another area within Middlesex Falls reservation which is the with pill section in Stoneham right across the street from the zoo New England. We did have our hearing with Stoneham yesterday, and we were able to close and they'll be issuing an order of conditions. It was pretty much similar filing obviously with different wetland resource areas. So again, this is being filed as an eco restoration project. Our goal is to do invasive species management in order to further the protection of the act specifics to wildlife habitat. We also have the goal of enhancing habitat of rare species. We do have rare species within this area of the Middlesex Frost Reservation. As a result of the endangered species present, we submitted a Habitat Management Plan to Natural Heritage and the Habitat Management Plan was approved. So we have the exemption where invasive species management can be completed without any further review from Natural Heritage. And then it says a copy of both the Habitat Management Plan as well as the letter of approval from Heritage. As Dennis mentioned, the resource areas that are going to be impacted as a result of the invasive species management include BBW, Riverfront Area, Bank, and then the associated buffers or the adjacent upland resource areas as referred to by the Medford Ordinance. The areas were delineated in March and May of this year by DCR staff as well as SWCA staff. SWCA is a consultant that is assisting DCR with some of the mapping and some of the other components of the NOI that DCR just didn't have the capacity to complete. In a visually pleasing manner, we could do it very roughly, but by allowing a consultant to assist us, we can make it look a little better. And I did want to point out that this project is the result of a partnership matching funds grant with the Friends of the Fells, so this is a partnership between the Friends of the Fells and DCR. So, while we were doing the wetland delineations we also completed additional invasive species surveys to kind of bolster the information that had been completed in 2017 because invasive species as we all know spread very quickly. So we wanted to make sure that we had accurate data. We didn't provide the specific invasive species location information to the commission with the filing just because the map would look a little messy. But I do have our Esri online collector map available to show the commission where the invasive species are located, which include all of the resource areas and buffers previously noted. Based on the wetland delineations and our observation of invasive species, we were able to capture a percent cover of invasive species and that's how we were able to determine impacts to each resource area. So as part of the eco and logical restoration project, DCR plans on submitting annual plans to the commission. The annual plan will include a summary of all activities completed during the prior year, as well as proposed activities to be completed the next year. And again, our fiscal year is different than the calendar year. So we're looking at July 1st to June 30th is really our implementation time for invasive species management. invasive species management is going to be completed by contractors hired by DCR, volunteers as well as DCR staff, and attachment E provides all the alternative methods that DCR looks for approval from the conservation commission from an implementation basis. So we have everything from manual to mechanical to herbicide treatment. And I also have a decision tree that I can share with the commission that explains how DCR makes a decision as to how to treat individual invasive species. Unfortunately, a lot of it has to do with funding. If we have funding available to hire contractors and herbicide applications are the most scientifically proven way of managing an invasive, that's what we will be implementing. However, it's going to be a limited herbicides where we're going to be cutting and painting. We're not talking about doing any broadcast spraying or boom spraying or any sort of herbicide application that could impact non-targeted species, so non-invasive species. So again, all impacts associated with the project are specific to the invasive species management that we're proposing. And we are requesting a five-year order condition just because as you may all know, invasive species management is kind of an internal project. So we're hoping to be able to get five years and then continue on in the future. especially with our partners that are supporting this project, and I believe that Myra and the Friends of the Fell submitted letters of support. They're going to be two of the groups that are going to be working with us. And then our hope is that, you know, within the first three to five years, we'll be able to implement some restoration techniques, which will be planting of native species. And we will only be planting native species as listed in the Massachusetts vascular county, vascular plant county checklist. So they're gonna be very specific to this county, as opposed to other native species that may not be present in this area. And we would also be providing that information to the commission prior to any implementation. So we would be providing that as part of the annual plans. And I've been talking a lot. So I don't know if there's any specific questions from the commission or if you want me to go through any other specifics that were provided in the notice of intent.
[Christopher Bader]: I would like to share more about that decision.
[SPEAKER_01]: Yes. So this is the decision tree for DCR again we categorize well it's there's different groups of people that are different groups or categories of personnel that are going to be conducting the work and they're listed on the right hand side, but we do divide the type of invasive species management implementation based on the type of vegetation that it is so you have your. your non-woodies and then that spread by fruit or seed, or you have your non-woodies that can spread by fruit, seed and plant fragmentation, such as Japanese knotweed, which we unfortunately have a lot of in that Bellevue Pond area. Then we also have vines that spread by fruit and seed, and then vines that spread by fruit, seed, and plant fragmentation, and that includes your Asiatic bittersweet. And then you have all your woody shrubs, which is probably the bulk of the invasive vegetation that is present at Bellevue Pond, second to that Japanese knotweed stand that everybody can enjoy from South Border Road as you're driving by.
[Christopher Bader]: Now, didn't they have some success last time with removing Japanese knotweed with doing the grubbing? They had like a grubbing machine. I don't see any of that here. I see hand pulling, but not anything about grubbing, getting the roots out.
[SPEAKER_01]: Yep, so grubbing requires additional reviews for any grubbing on DCR property because everything can be archaeologically sensitive or culturally sensitive so we're trying to get away from the grubbing. Now the grubbing requires a lot of effort to, in terms of the, it's not just grubbing and digging, and then it's continued continues monitoring and removing more and more of those pieces. And then the question comes in and how do you dispose those pieces because they're all those fragments have the potential of reproducing. So I'm not aware that DCR is doing specifically grubbing. But what we are proposing is cutting, continuous cutting, which has been a proven method. If you cut four to five times a year for the next 10, 15 years, it kind of depletes its resources. We're also proposing to try this new technique that is used in England. I don't know if the commission is familiar with Japanese knotweed impacts in England where you can't even get a mortgage if you have Japanese knotweed in your backyard because it impairs the structural stability of a home. What they've been using is like chicken wire that you put down on the ground and the knotweed tries to grow through it when it's little shoots and then it chokes itself out. Other plants that are herbaceous can grow through the mesh, but the Japanese knotweed just doesn't make it. The Japanese knotweed in this location specifically is located right above the bank of a perennial stream, so we would also not want to grow up in order to protect the stream from any potential sedimentation during or after the activity is completed. There's also solarization, and I shared a document yesterday with the Stonehenge Conservation Commission from New Hampshire. They have a really good guide for Japanese knotweed management, and their solarization techniques are really good, and I can share that with this commission as well. It actually tells you how to layer the fabric with just enough soil and doing some plantings over it, what the thickness needs to be in order for the knotweed not to break through the fabric.
[Christopher Bader]: You're also talking about herbicides, can you be specific as to which herbicides you're going to use?
[SPEAKER_01]: Yep, so that is provided in attachment E of the filing and each of the herbicide is highlighted in a different color so that's a hyperlink that you can actually click on and get the SDS sheet as well as the the label, the herbicide label. So we're looking at some glyphosate and triclopyr are the main two. We also are proposing imazapyr if we were to find some naphleid, which we have not seen in this area yet, but it is present in other areas of the reservation. And again, the technique that we would be using, if we use a backpack sprayer, is very targeted with a low flow spray. So it's only the leaf of the plant that we're trying to target and not anything else. Otherwise, we're gonna be, for the woodies, you cut and then you paint the stump, so there's really no herbicide that gets into any of the other areas. And then for phragmites, which we're not proposing for Bellevue Pond specifically, because there isn't any, which is great, but there is in the Stoneham section, we would do hand wiping. This would be only applied by licensed applicators. No one else would be allowed to do any herbicide applications. No staff, no volunteers, just licensed herbicide applicators.
[Unidentified]: Thank you for that presentation, Ally.
[Heidi Davis]: Does anybody else from the commission have questions? I have one that I don't know if you can answer. I see that there is a natural heritage and endangered species polygon here. Can you share with us what species that is?
[SPEAKER_01]: Unfortunately, I cannot share that information, at least not in a public meeting. However, I don't think it's changed since Biomap was published. If you do some detective work, I think you'll be able to figure out what it is.
[Heidi Davis]: I'm sure.
[Unidentified]: Thank you. Okay, seeing no further questions, then do I have a motion from the commission? Or I guess I should back up.
[Heidi Davis]: And we can talk about it among ourselves. I'm in favor of issuing an order of conditions for this project. Does anybody have any other opinions or anything to add?
[Heather]: Heidi, I'm totally supportive of it. I thought it was an excellent presentation and very thorough.
[Christopher Bader]: I also think that it needs to be done. I'm very happy to see that there's a conjunction of different organizations while supporting the same idea with the same goals. That really makes me happy to see that. I did have a question about these red lines though. I wanted to come back to that, but it's not really that important. I just want to know what these red lines then were depicting.
[SPEAKER_01]: Is that the extent of your... Yes, so for some reason, when we planned the project for surveying purposes, we divided this up into two different survey areas as opposed to one large survey area. It could have been because I didn't know if we were going to have enough funding to complete all of it with the SWCA. So both the yellow and the red are the project areas. So the yellow extends a little further, so it's technically 20 feet out from the trail that surrounds Bellevue Pond, 20 feet out from the trail that goes up to Wrights Tower, and then everything south of Wrights Tower to South Border Road and 93.
[Christopher Bader]: And Bellevue Pond itself, you know, because it's getting pulled in. That's not part of this, is that right?
[SPEAKER_01]: So we're not doing any aquatic treatments, no. No, so no purple loosestrife, which is present in this pond. And like I said, there's no phragmites there, but we're not applying anything to water.
[Christopher Bader]: Or on the area of the water, I mean.
[SPEAKER_01]: The area of the open water area, exactly. Right, okay.
[Christopher Bader]: So will that be coming up with another proposal later on?
[SPEAKER_01]: So, to be honest with you, the only invasive that I saw in Bellevue pond was purple loosestrife, and I do remember seeing the gala reseller beetles which are the bio control, which really keep it in check. There's a really nice diversity of plants in this pond. and in the spillway, which is nice to see. So I don't think that will be necessary, but we'll definitely keep an eye on it. And if something does show up, then we will reach out to the commission and get permission to treat it or remove it as much as possible. No water is just not here, which is awesome.
[Christopher Bader]: Okay, so there's nothing coming, you know, it's not like- No. Okay.
[SPEAKER_01]: Nope.
[Christopher Bader]: So I'm happy moving forward with this too.
[Denis MacDougall]: Just I have a couple of things to just add. We do have three other people who have come on to the call. I don't know if they have any public comments to make. So I don't know if we should open it up to them to give them an opportunity. If anyone wishes to speak, you could just give us a little reaction like this or something. If you wish to speak and let us know. Otherwise, we can move on. Ellie did mention that we did get a letter from Myra that I will just read out from Daria Clark, engagement manager at Myra. Dear me, Dennis, I am reaching out on behalf of the Mystic River Watershed Association to express our support for the Department of Conservation and Recreation's Invasive Species Management work. We've partnered with DCR on invasive species management with volunteers for many years and are always grateful for their support and excellent communication around our projects. Thank you for considering their NOI at your Metro Conservation Commission meeting this week. Sincerely, your Daria Clark.
[Heidi Davis]: So we do have a request for a order of conditions for a five-year period. So again, to the commission, do we have a motion?
[Heather]: I always make the motion.
[Christopher Bader]: I'll make the motion. I would like to make a motion that we accept the order of conditions for the five-year period as requested.
[Heidi Davis]: Second that motion. Great, thanks. I'll take a roll call. Heather? Four, approve. Eric?
[Christopher Bader]: Aye, thank you.
[Heidi Davis]: Alex?
[Christopher Bader]: Aye.
[Heidi Davis]: And myself is a yes. So that is unanimous, and we have approval for an order of conditions.
[Denis MacDougall]: I'll be getting working on that in the next few days and get it to you shortly.
[SPEAKER_01]: All right. Thank you so much. And have a great night. And hopefully I'll see some of you out there when we're doing some of our management.
[Heather]: Perhaps. Hopefully.
[SPEAKER_01]: Thank you. Thank you. Take care. You too. Bye.
[Heather]: That was a very impressive presentation. The paperwork was easy to get through and nice.
[Denis MacDougall]: And so what's next on the agenda? The only other item we had and actually it's been lifted we were going to discuss about uh the project work on uh the Silicon Valley Parkway but there were some questions from our community development board and they're going to be meeting with the city engineer and their consultant tomorrow and that should clear those up. So just to give you a heads up, so that's the former Bertucci's building. We will be getting a filing for an LOI for that work in the near future. So it just hasn't come yet. They're still working on it. So I think they're wanting to go through both the zoning and the community development process first and get that sorted before then coming to us because those are the two processes which usually involve more changes to the actual project. And so it would make more sense for them to actually get all those changes done and then submit to us and then see.
[Heather]: So, Dennis, it's probably not it's probably not going to be on our July agenda.
[Denis MacDougall]: No, no, although we do have them 1 of July 6, but yeah, but yeah, if not for a little while, because they're, they're not meeting with the zoning board until the end of end of this month. And then it would be. If that's and that could be a multi month process as well because it's a large scale project.
[Christopher Bader]: We're looking like September.
[Denis MacDougall]: It wouldn't shock me. Yeah, yeah, probably something along those lines. So. But I think that and so that, that, that, you know, that sort of got sort of sorted a little bit. So there. We got some information from them. Yes, they're, they're, they're consultants are still working on the NLA at this moment. So they, I was, they and myself were a little bit wary about doing too much too early before us anyway. So, just to give you a heads up that the project, it is coming towards us, so it will be happening. We just. You know, until until all the changes are made to satisfy both zoning and community development doesn't really make a ton of sense to show something because they might show something and then it's going to not be there in 2 months.
[Heather]: Sounds good. So, I told him we have no other business.
[Denis MacDougall]: No, no, we are good. So, um. I'm trying to think of this. Actually, I do want to talk to you also. At the last meeting, I mentioned that the workup on a twin rink for the fitness area has finished. I've received a contact from the applicant there. Well, Sandy from BCR. They are able to get funding right now. to regrade and pave the parking lot. But it's given the time of year and them doing a submittal, I don't know if they have time to actually submit anything. So I was wondering, do you have any exemptions for just regrading and repaving a parking lot? I was trying to look it up, but I wasn't really finding anything. I was finding things for like driveways and things like that, but like an actual parking lot, I wasn't really having much success with. But I'd hate for them to be unable to do anything there due to more of a timing issue.
[Christopher Bader]: And they're not talking about changing the footprint or anything.
[Denis MacDougall]: They're just talking about milling, like doing like the milling and then, you know, grant, you know, doing the, yeah, basically just sort of like, it's not going to change. It's the exact print of the, of the, Of the that's there, but so it's not changing. No alterations, but. I mean, it's not too dissimilar from what happened in the park a few years ago. When they did it, and we found out after the fact. And that was actually a similar type thing where it was basically, you know, mid June end of year when they have money in their budget, they're like, hey, we can do this now. And so she's pretty sure that this off.
[Heather]: So basically, the situation is, we don't have any specific legalese with regard to this in terms of any of our information, how we have had an experience where basically someone did it and didn't tell us till afterwards. And now we have the situation where someone is coming, there is no change in the footprint, and they're doing us the courtesy of coming first. So, yeah, it's kind of, do we, I guess my, I guess our approval in some ways is neither here nor there, since it's not reflected in any of our specific documentation. Heidi, I could see that you were looking something up. Did you find something?
[Heidi Davis]: There's no minor project that would exempt this project from filing, but I suggest that they file for a determination of applicability.
[Christopher Bader]: Yeah, and then we don't have to find that it's applicable.
[Denis MacDougall]: I just think the problem is that this would have to get done before the end of this month.
[Heather]: Well, can it get done fast enough to get on to our July 7th meeting?
[Denis MacDougall]: Oh, you're talking about the end of the meeting? That's the issue. It's purely a timing thing.
[Heidi Davis]: Two weeks from today is the 29th. I don't see how there's no mechanism for us to exactly.
[Denis MacDougall]: All right, let me let me talk to her about seeing if we can get them before us here just quickly for an RDA because that's what that's what the McDonald Park one was just an RDA. So, because initially she was talking about if they had time, they were going to file an amended file for an amended order since they're already doing work there. But maybe we can just do that and just do an RDA and get that on. And so I will. I'll talk to her tomorrow, and if we can do it, then I'll send out and just check on availability for, you know, before the end of the month and see if we can get it done. Yeah. Okay.
[Heather]: I don't think this is something we'd go out and create on our own. Fair. Okay.
[Heidi Davis]: Okay, if that's the test, then I will ask for a motion to close the hearing. I make such a motion.
[Christopher Bader]: I second the motion.
[Heidi Davis]: All in favor, Heather? Aye. Alex?
[Christopher Bader]: Close the meeting.
[Heidi Davis]: Eric? Aye. And myself as a yes. Perfect. This meeting is adjourned at 7 o'clock.