[SBC] 35R Lexington encroachment re Denise Provost's latest Newsletter

[Alan Moore]

I have all the reports from Julie Davenport and am reviewing them.

Was anyone on the Committee aware of this encroachment and the
contamination? Perhaps it was before my time on the committee but I had
never heard about it.

Alan


-----Original Message-----
From: alanjane at highstream.net [mailto:alanjane at highstream.net] 
Sent: Tuesday, August 22, 2006 10:14 PM
To: sbc members
Subject: Re: [SBC] from Denise Provost's latest Newsletter

I think we need to find out more details before contacting Alderman Sean 
O'Donovan. I spoke to Denise tonight and she gave me the name of Julie 
Davenport who Denise says has all the reports.
Unless I hear from Steve that he or someone at the City has the reports, I 
will contact her and get them to review.

Alan

----- Original Message ----- 
From: <walker2468 at earthlink.net>
To: "sbc members" <sbc at lists.bostoncoop.net>
Sent: Tuesday, August 22, 2006 10:00 PM
Subject: Re: [SBC] from Denise Provost's latest Newsletter


> Thanks for copying this, Ron.
>
> I'd like to suggest that Ward 5 Alderman Sean O'Donovan be contacted about

> this as well, and make sure he's aware of the situation at 35R Lexington 
> Ave. And what it means for the Community Path reaching its potential.
>
> -Greg
>
> -----Original Message-----
>>From: Ron Newman <rnewman at thecia.net>
>>Sent: Aug 22, 2006 8:46 PM
>>To: sbc members <sbc at lists.bostoncoop.net>
>>Subject: [SBC] from Denise Provost's latest Newsletter
>>
>>Two sections of Denise's latest newsletter are relevant to us:
>>
>>
>>B)ISD RESCINDS BUILDING PERMIT FOR 35R LEXINGTON AVENUE
>>As those in the immediate neighborhood know, Somerville?s Inspectional
>>Services Division recently granted a building permit to convert the
>>buildings at 35R Lexington Avenue to two residential units, plus
>>?storage space?. The address may not mean much, but anyone who has been
>>on the Bike Path near Lexington Park has probably noticed the high
>>fence, corrugated steel, and dilapidated buildings of this property. It
>>significantly encroaches on the Path; the City has a lawsuit pending
>>against the property owner to remove the encroachment.
>>
>>Fortunately, ISD recognized that the permit was improperly issued, and
>>revoked it before construction began. The conversion of the building
>>requires a Special Permit from the Zoning Board of Appeals (ZBA) before
>>it can proceed. One hopes that during the Special Permit application
>>process, which includes review by the Planning Board, the property
>>owners can explain the intended use of the ?storage space? shown on
>>their plans, which is even bigger than either of the two residential
>>units.
>>
>>I?m also hoping to get a clear explanation of contamination issues on
>>the site. The state?s Department of Environmental Protection (DEP) at
>>one time put an Activity and Use Restriction on 35R, since there is oil
>>present at hazardous levels. DEP recently removed the restriction, now
>>that property owners are claiming that the contaminated land ? within
>>their fences ? is actually the property of the MBTA (i.e., the Bike
>>Path).
>>
>>I?ve been following the fate of 35R Lexington since 2000, when I joined
>>the Board of Aldermen. It has provided no end of intrigue. I thought
>>that other folk who care about the Bike Path, and the development that
>>occurs there, might want to hear the latest chapter, and follow this
>>story themselves.
>>
>>
>>C) VETO OF GOVERNOR?S OVERRIDE: INSURANCE FOR ?RAILS TO TRAILS?
>>The Bike Path/Community Path in Somerville is a ?rail-trail? - a trail
>>built on land that was previously used as a railroad. It is actually a
>>portion of one the state?s more prominent rail-trails: the Minuteman
>>Bikeway, which goes west as far as Bedford, and which has the potential
>>to extend east into Boston. Somerville was able to develop its existing
>>portion of the path when the MBTA agreed to lease the land to it.
>>
>>However an environmental liability catch-22 can prevent the creation or
>>expansion of rail-trails.  Before it will lease land to a city or town,
>>the MBTA requires that the city or town hold the MBTA harmless for any
>>pre-existing environmental contamination - yet it will not allow testing
>>to take place before the lease is signed.  The combination of these two
>>regulations often creates an impasse, holding up development or
>>expansion of rail-trails. The discovery of contamination on an existing
>>trail ? as in the example of 35R Lexington Avenue discussed above ? can
>>also cause problems for a community.
>>
>>We in the Legislature recently took the important step of including in
>>our ?Economic Stimulus? Act a solution to this dilemma.  Under the Act,
>>there will be $500,000 each year in matching grants to municipalities to
>>help them purchase environmental liability insurance for the development
>>and maintenance of rail-trails.  The insurance will cover both the city
>>or town and the MBTA.  The insurance policies will have coverage limits
>>of at least $3 million per incident, and a maximum deductible of $50,000
>>per incident.
>>
>>The Governor vetoed the rail-trail insurance section of the act, but a
>>coalition of House members successfully organized to override this veto.
>>The funds are now available for Somerville and other communities to
>>apply for, in order to secure environmental liability insurance. I?m
>>proud of my role in explaining this issue to many of my colleagues, and
>>generally promoting understanding of how environmental protection has an
>>economic value, in addition to its value to our health and our enjoyment
>>of our world.
>>
>>_______________________________________________
>>Sbc mailing list
>>Sbc at lists.bostoncoop.net
>>http://lists.bostoncoop.net/mailman/listinfo/sbc
>
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