[Heidi Davis]: Well, thanks for coming tonight.
[Denis MacDougall]: Dennis, do you want to kick us off? Request for determination of applicability, vegetation management. Massachusetts Bay Transportation Authority has filed a request for determination of applicability to conduct vegetation management activities along the MBTA's right-of-way to the commuter rail within the 100-foot buffer zone of a bordering vegetated wetland and or the 200-foot buffer zone area in Medford Pass.
[Unidentified]: Hello, everyone.
[SPEAKER_00]: This is Matt Donovan from Benesch. I'm here to represent Keolis for this RDA.
[Heidi Davis]: Thanks for coming tonight.
[SPEAKER_00]: Yeah, thank you for coming. So this RDA is submitted to your commission every five years, required by CMR 11, and is required to get these determinations before submitting the five-year vegetation management plan to MDAR for approval. The vegetation management plan, or the maps that were provided, were mainly made for the chemical portion of the plan, but often dictate where mechanical methods will be used due to chemical restrictions. Each year, there are two main chemical applications, one in the May to June timeframe that targets the roadbed. up to 12 feet from the center line of track and one in the August-September time frame that targets the brush and areas adjacent to the track. The sensitive areas marked with blue and yellow on the maps are restricted from that brush program further away from the track and will only receive the roadbed program directly down on the track 12 feet from the center. I'll focus on that roadbed program because that's that's the only chemical application happening in your areas areas of jurisdiction in those sensitive areas. However, if you do have questions regarding the BRUSH program in the areas adjacent to the tracks, I would be happy to answer those as well. So the roadway application is performed by a spray truck, drives directly on the track, equipped with nozzles on the backside, located about 18 inches above the ground, spraying the solution directly down onto the track. The certified applicator is always accompanied by an environmental monitor familiar with the site conditions and equipped with these maps instructing the operator as necessary. The applicator has the ability to turn off all the nozzles or in many cases just the nozzles that are targeting the shoulders of the tracks where it may be getting closer to the buffer zones of sensitive areas. They can turn those off at the flip of a switch. The yellow zones typically will never receive any treatment to the shoulders. However, they still may receive treatment directly down onto the ties. This is done at the environmental monitor and applicator's discretion to keep it in conformance with the regulations. And the blue zones will typically receive the full roadbed treatment once per year. In these blue and yellow zones, due to the limited spray, more effort is put into controlling the vegetation with manual and mechanical measures. We are seeking a positive two-way determination. for the confirmation of the maps as well as a negative determination for the work that's included in the vegetation management plan. That's everything I have. I'm happy to answer any questions or open the floor up to the commission if anyone else has any comments.
[SPEAKER_11]: Thank you.
[Heidi Davis]: Does the commission have any questions or comments?
[EO-vAhUJAKo_SPEAKER_18]: Dennis, I just have a question for you. Have you reviewed these delineations?
[Denis MacDougall]: Yes, I mean, I'll be honest. They haven't changed. There's been no. So this is, I think the 3rd or 4th time as me as agent going over these and prior to that, another. 2 or 3 times as a member, so it's basically the same markings. If you want, I can sort of, I don't know if you guys want me to bring up a couple of the maps just to sort of show the areas, maybe. Oh, you got it.
[SPEAKER_00]: Yeah, I have had it ready, so I figured I would. The majority of the resource area that the right-of-way runs through is the riverfront. And in those areas, once you get basically 100 feet away from it, it'll turn into a blue zone. And then 10 feet, but we're always on the conservative side. So maybe like 10 to 20 feet from it, it would be a yellow zone where there is no spray. So as you can see, let me know if you have any questions, but I'm kind of just slowly strolling through. As you can see, it's mostly riverfront. There's the Malden line. So that's the, The extent of the line that I just scrolled through, I'm happy to go slower or stop anywhere if there's any questions.
[MCM00001777_SPEAKER_08]: Dennis, or perhaps Heidi, do you recall, did we confirm the delineations in the prior RDAs?
[Heidi Davis]: I don't recall that.
[SPEAKER_00]: Yeah, you have every five years since the right of way regulations were created and I believe 1987 or so. Um, and I, I believe, uh, at one point in time, someone from your commission actually came out to approve the markings in the field as well. Um, but like, like Dennis said, this is reoccurring. Um, so, so they don't typically, the commissions don't come out every, every year, especially, um, through Medford where it's pretty straightforward.
[Heidi Davis]: The front area boundaries don't change really. Right.
[Unidentified]: Wetlands can change of course.
[SPEAKER_00]: Yeah exactly. So again we will be seeking that positive 2a as well as the negative. positive two way for the confirmation of the maps and the negative for the work included in the vegetation management plan.
[Heidi Davis]: We can take those one at a time. Is the commission comfortable with a positive two way for the delineation?
[EO-vAhUJAKo_SPEAKER_18]: I guess my question might be more procedural. Is that needed? And I don't know the answer to that. Do we need to confirm? I don't recall doing a quick check like that.
[Denis MacDougall]: I'm looking back at the previous one we did and we didn't do a confirmation. We just did, sorry, just, previous one we just did a negative two.
[MCM00001777_SPEAKER_08]: Were there any conditions associated with that?
[SPEAKER_00]: No.
[Heather]: No.
[SPEAKER_00]: So we're required to fill out the RDA form with the box B checked, which I'd have to have it pulled up here. But whether the boundaries of the resource areas depicted on the plans are referenced above or accurately delineated. So the only real response to that with a DOA form would be the positive 2A or positive 2B. to go along with that negative.
[Denis MacDougall]: I mean, if you want, I can, I'll just sort of read out the language here just so the folks sort of have it. So determination 2A, the boundary delineations of the following resource areas described on the reference plans are confirmed as accurate. Therefore, the resource area boundaries confirmed in this determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this determination is valid.
[SPEAKER_00]: And just to add to that, there has been several commissions because of that kind of binding language that have, as you can see, the DOA form has like lines below it, Dennis, if you're looking at it. A lot of commissions have added language such as this determination is only valid for the sole purpose of the vegetation management plan as approved by MDAR. It won't be binding for any other projects by, other applicants or the applicant. If we do propose something other than vegetation management plan, we would be coming back to your commission. The boundaries wouldn't be binding for any other use. That's an option that other commissions, just because the uniqueness of this RDA, there isn't really a perfect determination. That's a way that commissions have used to issue that.
[Heidi Davis]: Makes sense, yeah. But if we issue both a positive 2A for the delineation and a negative for the work, are we literally issuing two different determinations of applicability?
[SPEAKER_00]: No, every town has just done it on one DOA form, yeah.
[Denis MacDougall]: Oh, because actually I was looking at the very top. It says the following determination, and then S in parentheses. So you can actually have multiple determinations on one. Yeah, never had one before, but it seems.
[MCM00001777_SPEAKER_08]: Thank you, Mr. Donovan. I appreciate that. Yeah, I think I'm inclined to, with that additional language that the delineation is specific to this vegetation management, that seems fine to me.
[SPEAKER_00]: Yeah, Dennis, I'd be happy to send you that language as well from what other towns have used. I've had to send it before, but it's just a sentence or two to add to that determination.
[Denis MacDougall]: You're reading my mind. That was literally going to be my next question. I think so.
[SPEAKER_00]: Yeah, it's pretty much word for word how I just said it, but I wasn't reading it. Great.
[Heidi Davis]: Do I have a motion then?
[Denis MacDougall]: So moved I make a motion to issue, um, can you, Dennis, can you remind me which it's a positive to a, with the, uh, language specifying that it is only for, um, vegetation management.
[MCM00001777_SPEAKER_08]: Yep.
[Denis MacDougall]: and a negative two that the work described in the request is within an area subject to protection, but will not remove, fill, dredge, or alter that area.
[MCM00001777_SPEAKER_08]: Yeah, so moved. Thank you. Seconded.
[EO-vAhUJAKo_SPEAKER_18]: Seconded. Question, is this supposed to be negative two or negative five? Sorry. I think in their application, they mentioned negative five. Oh, you do? Okay.
[SPEAKER_00]: Well, yeah, I think your commission typically issues, it's negative 2, 3, or 5 all work the same for this work. So honestly, just as many towns issue negative 2 and 3 rather than the 5, and it doesn't.
[Denis MacDougall]: For 2020, we did a negative 2.
[SPEAKER_00]: Yeah. So I've got that form here. We'd be happy with either.
[SPEAKER_11]: All in favor, Heather? Aye. Caroline? Aye. Fred?
[Craig Drennan]: Aye.
[SPEAKER_11]: Eric?
[SPEAKER_00]: Aye.
[SPEAKER_11]: And myself as an aye.
[SPEAKER_00]: Thank you very much, everyone.
[SPEAKER_11]: Have a good night.
[Heidi Davis]: You too.
[Denis MacDougall]: The next item on the agenda is to... There we go. A discussion of the plantings on South Street, and I believe, Greg, you're on the call? No? No. I assume that the other thing was him. Sorry about that. I did contact him last week, Sent him the invite, and he said he was going to be here. All right.
[Heidi Davis]: Can you send him an email?
[Denis MacDougall]: That's what I'm doing right now, yeah. Oh, actually, while we're doing this, I can give you some updates and some other things. So we are going to have a filing in two weeks. We have gotten a notice of intent has been submitted. Actually, two have been submitted. The first one's still in the pipeline. But, you know, that's tending to move on, but I think it's got misplaced or something. So I think it should be already by then. Or on Arlington Street, two notices for basically expanding the houses within the riverfront area and a little bit of some of the work is within 100-year floodplain and buffer zone to drop the backing.
[SPEAKER_11]: and riverfront area.
[Denis MacDougall]: Did I say riverfront area? I thought I said that at the start. I was just double-checking. Yeah, yeah. Oh, yeah, no. The entire house, pretty much, with the exception of a small little corner, is all riverfront area. So yeah, yeah, yeah.
[Heidi Davis]: And so this is the notice of intent. This is the couple that came before us with the determination.
[Denis MacDougall]: And then also the property next door, the owner is doing basically the exact same thing, except it's basically the same project. but two properties for the most part. I mean, there's differences, of course, but. But there's two different file numbers. Yep. Yep. And the one next door has the file number. What was that? What's the address, do you know? 171 and 173. That'll be the 17th. Yep. So. And I was on a call today with DCR. They're going to be doing some roadwork improvements at the High Street Rotary going across into Arlington. That is, they've got some paint down, but it's not going to be there for a while because they were basically asked to put a pathway along, uh, let's see. I'm sorry. It's basically in that neighborhood, but further down, uh, Mississippi Valley Parkway across from the street, Lakeview Avenue, that the residents have asked for a raised crosswalk and better pathway. And that work is not within our resource area, but we went over sort of both of them today.
[Heidi Davis]: It's... And that was in response to the pedestrian fatality last winter.
[Denis MacDougall]: Yes. So that'll be... So if you see something there, it is... It's far enough away. It's like 300 feet from the river at that spot.
[Heather]: There's equipment over at that bridge off and on this past week.
[Denis MacDougall]: Yeah, they're doing work both in Medford and Arlington. And I think they were originally going to start there. And then the Lakeview Ave work was basically pushed to the top due to public interest and public, basically, for lack of a better word, pushing DCR to put that in there. you know, because it is, I actually, two of my best friends grew up on one street over from that and crossing that one down there is a treacherous event. So I think a race thing there would be very helpful. And I, earlier today I went down to walk, we have a conservation restriction on the property along the, at Clippership Park by the Afghan schools, and they have to do a basic inspection of it every few years. So we did a walk today of all the work that's been done around there, and while I was there, they're looking to put in a COVID memorial garden along the river. Um, along the pathway there behind the schools. So, and that will be within our jurisdiction. So I'm sort of going over with one of my staff coworkers who's going to be handling that sort of they're still formulating designs. So depending on the design, you know, then it will come before us. That might not be for a while, but. I was asking who would be the proponent?
[MCM00001777_SPEAKER_08]: It'd be the city.
[Heather]: Dennis, recently I was at a social event and our friend who likes to clear along there and trim was quite vocal about the fact that he's still active.
[Denis MacDougall]: Today when we walked out I found a small pile that looked old, so I couldn't tell if it was there recent or not, so we're still keeping an eye out. You know, we ask people... Just to let you know. Yeah, no, I appreciate it.
[Heather]: He's not ashamed of it, and he's... No, I know.
[Denis MacDougall]: It's... Until we actually physically catch him again, there's unfortunately not much we can do. We've set up cameras. He's well aware. Yeah, oh yeah. We know that.
[Heather]: And I have one other quick question. You know a house that has been burned out on the river for well over three or four years now, it's up by, oh dear.
[MCM00001777_SPEAKER_08]: Boston Ave and Arlington.
[Heather]: Yes, Boston Ave, it's that second house in. It's still in tremendous disrepair and it's right on the river. Do we have any kind of, authority or anything that we can do to push for that. I mean, number one, it's a major danger to the community, but nothing seems to be happening. And I just didn't know if we had a role we could play.
[Denis MacDougall]: I can check with the building commissioner, because I know it's, I mean, like, obviously, clearly, if it was going to, I mean, it probably, if it's that much of a hazard, it would be taken down. Yeah.
[Heather]: I mean, it is an attractive nuisance, let alone if there is either another fire there, or if there's some kind of collapse into the river, that's the concern.
[Denis MacDougall]: Like the one right at the end of Canal Street, basically? Yeah, it's right there. Okay. Right when Canal Street takes that elbow, it's that little spur that continues on, yeah, I guess. Okay. I will check with the building department. Thank you. And see, and I'll look up, because I mean, obviously, clearly, if they file a demo permit, that would come before me. Yeah, I wish they would. I'd like to see it gone, but. I know. I did get one, it was a while ago. It was actually on South Street. Someone actually filed a demo permit for one of the houses there, and I basically emailed back to them, this has to come before the Conservation Commission, and that's the last I heard from them, so I don't know. They might have looked at how much that would entail and decided that.
[Heather]: Thank you.
[Heidi Davis]: I didn't, I didn't mean to take up a lot of time. I just mentioned, I have a, I have a dream that the city could acquire that parcel and water view, if not waterfront access. I know public access would be difficult, but you could at least have a view spot.
[Heather]: Yeah, exactly. That's an excellent idea. Heidi Jeremy's not here serving on the CPC.
[Heidi Davis]: We could say. Yeah. But of course, who knows what the owner intends to do with that?
[Denis MacDougall]: Given that I'm pretty sure that area is zoned for apartments, weirdly.
[Heidi Davis]: Oh, here we go.
[Denis MacDougall]: Hi, Greg, welcome. Next one, I don't know if you're in yet, but just give us a shout when you're ready.
[MCM00001777_SPEAKER_08]: Dennis, you do have Jeremy's notes on this matter available, correct?
[Adam Hurtubise]: I do, yeah.
[ZQDZZh_VfdI_SPEAKER_09]: Guys, can you hear me at all? Yep. You can? Yes. All right. Sorry about that. A little connection issue. Got to the meeting late here. I lost track of time. I apologize for that.
[Heidi Davis]: We're glad you could make it.
[ZQDZZh_VfdI_SPEAKER_09]: So we're just looking for 54 South Street. We've got all the plantings in and done. I don't know if anybody's been by. take a look to make sure that you're satisfied with what you were looking for?
[Denis MacDougall]: I've gone by, but we actually, unfortunately, one of the members, he's a landscape person. He had some, he basically sent it to me at the end of last week with some questions and concerns about some of the trees and everything. So we'll just see if I can call up the landscape plan and sort of talk about what he Sorry, I had an issue with the PDFs.
[Unidentified]: I thought we were going to approve this plan.
[SPEAKER_05]: I don't believe we have approved it, have we? Not to my memory.
[EO-vAhUJAKo_SPEAKER_18]: Yeah, I guess my question is similar to yours, Heidi, is what was planted and what plan was it planted in accordance to the one? I think the order of conditions are a new one. Do you know that answer Mr. Maynard?
[ZQDZZh_VfdI_SPEAKER_09]: The last meeting we had, we went over the plan and we talked about the plants that were on the plan that we had. I believe you've got that, Dennis, right?
[Denis MacDougall]: Yeah, that's the one from last, a year ago basically, September 24. Right.
[ZQDZZh_VfdI_SPEAKER_09]: And then what do we do? We, we had that meeting about what, about four months ago or three months ago. Um, and about like, there being an issue about some calipers on, on certain plants. Um, and we talked about doing like maybe an extra tree or something that I did in the back of the house. Um, I put, um, a third, um, oak tree, uh, I don't have the exact names for them, but I did the smaller bushes. I think there were five of one specific brand and then seven of another that we did out front, along with the four trees out front. I'm just trying to pull it up and see what time. with the actual names on them.
[Adam Hurtubise]: Great.
[Denis MacDougall]: Do you remember how many, what was the final number of trees planted? Sorry, I should have had this.
[ZQDZZh_VfdI_SPEAKER_09]: I'm trying to pull mine up too.
[Denis MacDougall]: I think it was five within the riverfront area.
[ZQDZZh_VfdI_SPEAKER_09]: I believe it's on the site plan approved. All right, guys. That's the old one. I got so many plans here.
[EO-vAhUJAKo_SPEAKER_18]: This is the most recent plan I have dated September 24, 2024. Is this what we're going off of?
[MCM00001777_SPEAKER_08]: That is the same plan I have for what it's worth in the planting list, top left.
[ZQDZZh_VfdI_SPEAKER_09]: Yeah, I'm looking for that right now. You know what? That that should be it let me pull up the email I sent to because I'm at the last meeting I sent Dennis that email with that particular planting.
[Adam Hurtubise]: Unreal.
[ZQDZZh_VfdI_SPEAKER_09]: What do you, Dennis, what do you have on for the plantings on what's in front of you there?
[Denis MacDougall]: I'm trying to, unfortunately I'm having a little trouble calling up some things on my computer today. All right. I mean, I think this is the one that was sort of submitted. I think one thing which... I'm going over Jeremy's notes.
[ZQDZZh_VfdI_SPEAKER_09]: All right, so I got it here. So we were doing five swamp mellows and seven carnivores, one to two feet in height. I got all those in there. Two flowering dogwoods. And one Easton Redbud. And then it calls for three red maples.
[Unidentified]: I mean, I'm sorry, two maples, but I got three maples out there now.
[MCM00001777_SPEAKER_08]: Dennis, if I may make a recommendation, I think it makes sense to memorialize Commissioner Martin's notes on this planting plan, perhaps in a memo to Mr. Maynard. I think Jeremy raises some valid points about the quantities of shrub in the riverfront area. I appreciate his comments on the species as well, particularly with respect to the proposed trees. Perhaps with that information, Mr. Mater could revise this planting plan. That would be my preference, but I would defer to fellow commissioners if they had thoughts on what is proposed on this plan or as an alternative, what Commissioner Martin is suggesting.
[Heidi Davis]: No, I thought Mr. Maynard said that the plans had been planted.
[Heather]: Yes, that's my understanding, Heidi, as well.
[ZQDZZh_VfdI_SPEAKER_09]: Everything's been planted. I mean, we had the previous meeting. This was approved. And I went ahead and did it.
[Heather]: So I guess the question is, did we approve the plan? And if we did approve the plan, then I'm not sure exactly where we stand right now. So Dennis, can you clarify whether we approved the plan or not? Because if we did, isn't it sort of a fait accompli?
[Denis MacDougall]: I think it is. I think the one thing, Greg, are you available tomorrow? Yeah, yep. Why don't I meet you down there and just sort of go over some things, because I just sort of take up, because I did, honestly, I wish I had more time to like go over there, but I had another meeting today that I was, I was hopeful to get over there today, but I was down on the other emergency front and never made it fully over there. But why don't I do that, walk over with you, and then sort of look at what you have, and then, because I think part of one of the things that our other commissioner sort of asked for was he, his opinion was that the shrubs were too densely far apart, and that there might be room to maybe put in a few other shrubs. In the spaces that might fit in better, but I think that was one of his predominant ones and the other one was with the trees, but I mean, we have right now they were. Because there were part of the biggest problem is that that existing tree in the front that was removed. If that had been kept, we wouldn't really probably having this issue. It's just because that tree was such a I get it. I guess I'm guessing wasn't it wasn't you.
[ZQDZZh_VfdI_SPEAKER_09]: So it's no, no, I know Dennis. I'm just a little confused from the last meeting. I was under the that what I gave you here for this plan. was approved to go ahead and do it that's why we did it and i think we we specifically said that um some of the because i said some of the calipers might not like be um exactly what you're looking for and um like say on the maples and um we agreed that you know instead of doing two maybe i put uh put three in and that's what i did okay um so are you right that does ramp up yeah yeah we didn't i mean i'm just kind of like i'm This is done. You know what I mean? I put it in. I mean, I don't I don't mind going back and throwing a few more shrubs in but There's really not a ton of room in here for more trees. No, I Mean, especially when these trees, I mean these maples are gonna get you know, I'm not a arborist, but I mean, they're gonna be 60 feet tall. I mean you can along with the With the red, you know, these are dogwoods. I mean they get pretty big. Yeah, I
[Craig Drennan]: Dennis, at the risk of asking a loaded question, do we have minutes from that meeting?
[Denis MacDougall]: Let me check. I don't think so. I definitely have it recorded, so I can go look at that just to double check, but... And that's not something I'm asking us to do live.
[Craig Drennan]: It's just, you know, if the two of you are meeting later this week, it might be worth going in either with a transcription or minutes and please share those with us if we have them.
[EO-vAhUJAKo_SPEAKER_18]: Yeah. And I guess... Mr. Maynard, could you at least, in an email to Dennis, confirm what was planted, the size of the trees, and maybe some photos for us as well would be helpful?
[Denis MacDougall]: Yeah, I can take the photos when I've done it with Greg. I can sort of do like a point by point of all the different trees and everything and get those and send them to you. I can do that. I think that might sort of help too for us to sort of be able to see it as well.
[Heather]: Yep, that's fine. So just to repeat, we would like to know the details of the minutes, ideally see the minutes, but at least review the minutes in some fashion. And number two, gather the additional information just requested by Caroline. Yeah. And that's pretty much, I mean, we seem to be at a point where we need more information. Yeah, exactly.
[Heidi Davis]: We could report back to us on our next meeting on the 17th.
[Denis MacDougall]: So Greg, give me a call tomorrow when you're free and you want to meet down there. I'm here all day. I have no meeting scheduled, so I can come down whenever it's good for you. So just anytime after 9 o'clock, give me a shout. All right, sounds good.
[Heidi Davis]: Appreciate it. Thanks for coming, Mr. Banner. Thank you, Dennis. OK.
[MCM00001777_SPEAKER_08]: What was the date of that hearing, Dennis?
[Denis MacDougall]: That's what I'm trying to go back and find out.
[SPEAKER_11]: It was, like, 4th of March.
[Denis MacDougall]: I think early June.
[EO-vAhUJAKo_SPEAKER_18]: Yes, because I think I was away.
[Denis MacDougall]: Oh yeah, that would have been, yeah.
[SPEAKER_05]: I think that was. That's right.
[EO-vAhUJAKo_SPEAKER_18]: So one of the first two weeks in June.
[Denis MacDougall]: OK. I will look through my notes and stuff and get you something.
[Craig Drennan]: I think this emphasizes the need to get minutes up to date as soon as we can.
[Denis MacDougall]: Thank you, Craig. We have interns, and I've been told that they can do those. So I think I'm just going to start sloughing them off to them to do some of the other. Apparently, I didn't realize this. Apparently, some of my other fellow co-workers have been having me do that for ages, and I was not aware that that was an option that I can take and use. So I'll be doing that.
[EO-vAhUJAKo_SPEAKER_18]: Can you stop sharing for the moment? Oh, sorry.
[Adam Hurtubise]: Thanks.
[Heidi Davis]: Do we have any other business items?
[Denis MacDougall]: Not even that I'm aware of. I think I gave you kind of the updates on potential projects.
[Heidi Davis]: We are meeting again on the 17th. If we could close the public hearing portion of this. I make a motion to close the public hearing portion of the meeting.
[Craig Drennan]: Seconded.
[Heidi Davis]: All in favor, Heather. Aye. Eric.
[Craig Drennan]: Aye.
[Heidi Davis]: Greg.
[Craig Drennan]: Aye.
[Heidi Davis]: Greg, Caroline. Caroline. Sorry, Heidi. Yeah, I mean, aye. I just wanted to talk about, I'm going to call it a social outing.
[Heather]: Heidi, I have to literally get to an airport. I'm going to leave. And I also have, I just opened the email and I haven't had a chance to go back over it. So I will.