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HomeMy WebLinkAbout2011-BLUPC-presentation The Consideration in Tandem of the "Busa Property" and the TWO, Separate "Waltham Street Farms" to Maximize the Achievement of C. P.A. Objectives Bob Pressman 22 Locust Avenue Lexington, Mass November 2010 Table of Contents pace number A Introduction 1 B The Securing and History of the Two "Waltham Street Farms" 2 1. Farm Field #1 [Deeds Book 13110, p 614] 3 2 . Farm Field #2 [Deeds Book 13121, p. 603) 7 C Use of Waltham Street Farms Land for a Community Farm 9 D Requested Action by this Committee 13 Attachments/Maps and other Supporting Documentation A-1 - 31 Description of Photographs A to M Farm Field #1 N to W Farm Field #2 Note The terms "Field #1" and "Field #2" are adopted for clarity of presentation. Proceeding toward Route 2 on Waltham Street -- Field #1 is visible on the right after the Lexington Veterinary Associates Building. It is sometimes referred to as the Waltham Street Farm Field. -- Field #2 is not visible from Waltham Street Continuing on Waltham Street toward Route 2, access is by a farm road shortly after the White House Gardens building It is sometimes referred to as the Hayden Woods Farm Field. A. Introduction The Board of Selectmen' s charge to this Committee seeks identification of desirable uses of "the Busa property" consistent with the four categories authorized in the Community Preservation Act. It requests evaluation of proposals received from persons and entities, as well as a "report to include one or more proposals for allocation of the parcel to a specific use or multiple uses" [Charge at 1, emphasis added] . In the highlighted language, the Selectmen recognized the possibility of addressing multiple CPA- approved objectives. The BLOC has begun following the Selectmen' s blueprint . Doing so, it has been informed of three worthy uses, each emphasizing a permissible use of land secured with CPA funds . These are affordable housing units, a multi-faceted community farm, and a recreation field. This presentation is intended to enhance the likelihood that the Selectmen' s and the Town' s ultimate action in this matter will include use, in tandem with the Busa land, of other Town land, namely the conservation land long known as the "Waltham Street Farms" -- two sizeable, separate farm fields . The reference to the Town' s action is meant to encompass favorable action by the Conservation Commission, which has controlled for the Town and approved the use for farming of each, separate Waltham Street Farms field since the mid-1970 ' s . Use in tandem of the Busa and Waltham Street parcels would 1 allow full achievement of the goals of each proponent group. It could help to avoid the consternation that might arise, should one or more groups feel left out by a different approach to use of such considerable CPA monies .' The general approach of going beyond the Town-owned Busa land finds support in the Selectmen' s charge. It referred to not only land owned by the Town, but also to "any contiguous parcels which may be purchased by the Town within the lifetime of the committee. " [At 1, n 1] This memorandum cites documents from Conservation Commission files . It refers to information provided by James Catalano, proprietor of White House Gardens on Waltham Street, a resident there since 1950 See A-1 (map noting Catalano properties) . It cites 23 photographs designated A to W, taken in October and November 2010 . They appear, in order, at the end of this document. B. The Securing and History of the Two "Waltham Street Farms" In 1976 or 1977, using State grant funds, Lexington purchased 39 5 acres of land along Waltham Street, "nearly 2/3 [of which was] being farmed" as of the application for State funding. Members of the Ricci family of Lexington had owned 16 acres "consisting chiefly of cultivated bottom land' divided and bordered by ' See Attachments 31-33 (chart showing CPA funds approved to date by category and supporting data, as well as monetary breakdown if Busa land use classified entirely as an open space use) [attachments hereafter designated as A- (page number) ] 2 drainage ditches and used for row crops . " Bonny' s Landscape Service of Cambridge had owned 24 acres, "about 1/3 under cultivation. " [A- 9 to 11} The 39. 5 acre parcel is shown on A-1 by the diagonal lines The Town ' s 1976 application for Stare funding stated in part [A-101 : DESCRIBE PURPOSE OF ACQUISITION AND PROPOSED USE 1) to assure that currently productive farmland continues to be farmed, [Id 1 Early on, the Conservation Commission began to refer to the two separate areas of farm fields in the land purchased as the "Waltham Street Earms . " [A-12] The Town moved promptly to continue use of much of this land for farming. In April 1978, the Commission "for [the] Town of Lexington" entered a "lease" with three members of the Ricci family for the period 4-1-78 through 11-78, it covered 15 acres at a cost of $300 for "row crops . " [A-12] 1. Farm Field #1 [Deeds Book 13110, D. 6141 "Field #1" is located on the right side of Waltham Street, proceeding toward Waltham, shortly after the Lexington Veterinary Associates building. It is visible from Waltham Street, many have no doubt noticed corn growing there during this and past summers One map identifies the acreage as 15 . 4 [A-1] , a figure similar to that in tl-,e 1978 Ricci family lease for this Field. {A-12] A The terms "Field #1" and "Field #2" are used for clarity of presentation 3 February 1994 U S. Department of Agriculture analysis identified 5 sub-areas totalling 11 acres : #1 3 . 3, #2 1 . 8 , #3 2 . 2, #4 2 . 2, and #5 1 . 5. [A-2 to 3] 3 Clematis Brook borders this field. [A-7 and photo M] At some past time, those farming it created drainage ditches to facilitate its use [A-10] It contains a pond at least 100 yards long and about 10 yards wide, which may be part of the historic drainage system. See A-7 (ditches and pond as identified by U.S . D A. representative in 1996) ; photo J (pond at present) During the time that the Ricci family members farmed this plot, they operated a pump to move water from the ditches and Clematis Brook under Waltham Street to the continuation of Clematis Brook which then passes Clarke Middle School . [A-24; J Catalano interview] The Ricci family used brook or pond water to irrigate their field. [J Catalano] After moving to Waltham Street, Mr Catalano grew for sale, in Boston' s wholesale market, lettuce, escarole, chicory, scallions and celery on the plot behind his home [A-1] He used the public water supply to irrigate. [J. Catalano interview] The precise date when the Ricci family ceased farming Field #1 is not known After that time, maintenance of the drainage ditches and operation of the pump ceased Wetness increased as a problem in Mr. Catalano' s field The different acreage figures may be due to part of the area becoming overgrown by the time of the 1994 analysis 4 and he ended his commercial farming of vegetables [J. Catalano interview; A-16 (minutes of Conservation Commission meeting of Feb 25, 1992 state: "Clogged ditches are preventing the water from properly draining off the field which makes areas increasingly difficult or impossible to farm. " ) ; A-25 (draft agenda for Conservation Commission meeting of Sept 27, 1994 ) (reference to Mr Catalano' s problem) ] William Levine of Arlington leased from 1 to 4 acres in one or both of the Waltham Street fields from 1988 through 1994 . He raised flowers for cutting He paid $30 per acre [Based upon review of Conservation Commission file, and A-17 to 19] In 1990, Young Park of Lexington leased 10 acres in Field #1 The rental fee was $300 . [A-15] Fran Busa in 1992 [A-17] and Dennis Busa and Fran Busa in a letter to the Conservation Commission on September 22, 1993 expressed interest "in farming the land off Waltham Street " [A-20 to 21] The letter includes this sentence. "A farm on public property with pathways and rows between crops could offer townspeople an opportunity to really get close to nature and be an educational experience as well. " [A-21] Therein, in discussing use of the Waltham Street Farms, the Busas expressed some of the rationale now advanced by community farm advocates On September 27, 1994, Fran Busa entered a "farm license" agreement for 8 acres at Field #1 . It was "for two years at $240 5 per year ($30/acre) . " [A-26] Agreements and payment records in the Conservation Commission' s files evidence Mr Busa' s payment of $240 a year for use of 8 acres at Field #1 for almost all (if not all) growing seasons thereafter to date. See, for example, A-27 . The requirements of federal law arising from wetness issues in Field #1 were addressed prior to the initial agreement with Mr Busa in September 1994 . [A-25; A-26] Drainage issues affecting the use of Field #1 have been noted. Other pertinent information should be added. [i] A 1993 "Inventory and Evaluation" by the USDA Soil Conversation Service stated regarding Field #1: "The soil is a deep, poorly drained organic soil with a high water table near the soil surface during most of the year . . The soil map unit is not well suited to farming because the water table and low strength of the soil greatly reduce accessibility to the field and timing of operations. Despite these limitations, the area has been used for crop production in the past . Aerial photography taken in 1980 shows that nearly all of [this area] was tilled for cropland Small, light farm equipment, intensive management and late season crops made production possible in my opinion. " [ii] In 1996, after beginning to farm in Field #1, Mr. Busa "inquired about the procedures for cleaning out the ditches on the Waltham Street property. " [A-5] [iii] At present, the drainage ditches are clogged. See photos K and L. Nevertheless: Ricci family members, knowledgeable about the 6 land, leased it for farming after selling it and were using nearly all of it in 1980, as evidenced by aerial photography. Mr. Busa has seen fit to lease the area for farming with few if any breaks for about 15 years . Finally, there is no indication of the pumping of water through the culvert under Waltham Street to the continuation of Clematis Brook for a very long period This is very significant, as the height of the bottom of the culvert is above the elevation of water affecting the wetness of the Field. [See photo M and A-5] Photographs C-I show the current condition of the five areas of Field_ #1 identified on the map appearing at A-4 . The five areas are the ones identified by the 1994 U. S. Department of Agriculture analysis . 1A-31 As can be seen, while four areas evidence tilling, some of Field #1 has become overgrown. 2 . Farm Field #2 (Deeds Book 13121, p 6031 Field #2, sometimes referred to as the "Hayden Woods Farm Field, " is not visible from Waltham Street. To reach it, one continues along Waltham Street toward Waltham, to a point shortly after White House Gardens. There one finds a second sign reading "Waltham Street Farms/Lexington Conservation Commission" [photo N] . To its left, one proceeds down an unpaved, "farm road" away from Waltham Street. [Photo 0] Doing so for 300 to 400 yards, one finds four tilled fields of differing sizes Unlike the situation for Field #1, no document identifying the acreage of each tilled area, or the total tilled areas was found. 7 The February 1994 U. S. D.A. report seems to conclude that the largest of these fields is 2 . 6 acres . [A-3] The acreage of the other three tilled areas exceeds the acreage of the largest field. The 1993 U. S.D.A. "Inventory and Evaluation" characterized the soil in Field #2 as "deep moderately well drained [soil] " and "prime agricultural soil", it added that the "cleared section of [this area] has the highest potential for agricultural production on the entire town property. " A handwritten diagram of this area, not to scale, appears at A-8 . The four fields are shown in photos P-U. This area contains a well. [Photo W] The 1993 U S D.A Inventory and Evaluation states : "The well is an asset to agricultural production. It will provide water for a modest drip irrigation system. " No wetness issues were apparent in Field #2 on November 11, 2010, despite recent rainfall File review evidenced that Frank Ordile, a Waltham resident, or another member of his family, leased 5 acres or 5+ acres in Field #2 for most (if not all) growing seasons from 1978 through at least 1990. See for example A-13 ("license" agreement for 1981 for 5+ acres for growing "row crops", fee $150) . A letter from James J Ordile to the Conservation Department of March 27, 1990 states Kindly accept this letter as a request to lease the lot of conservation land on Waltham Street previously held by my father, Mr. Frank Ordile During the remaining period of 1990 I wish to cultivate the property and to maintain 8 the land in its natural state. I wish to use the land for the sole purpose of farming a variety of vegetables including pumpkins, radishes, tomatoes, and parsley. . . The Conservation Commission provided Mr Ordile a leasu. [A-14] At present, there is an "agricultural license lagreement " between Dennis Busa and the "Conservation Commission for the Town of Lexington" for the period December 1, 2009, through November .'30, 2012" for use of 2 . 6 acres of Field #2 at an annual rate of $100 . [A-28 to 29] Moreover, Commission records show that Mr Busa has leased this land for most (if not all) growing seasons since 1994 at the rate of first $90 and then $100 . [A-30] C. Use of Waltham Street Farms Land for a Community Farm This material shows that for many years Mr. Busa' s farming in Lexington has been not only along Lowell Street, but also at each of the Waltham Street farms . This establishes the feasibility of farming at multiple locations. The Town' s 1976 application for funding referred to about 24 acres as under cultivation. [A-91 The Town leased 15 acres at Field #1 to the Ricci family. Mr. Busa has been leasing only a total of 10 . 6 acres each year [8 acres and 2 6 acres] . Use of some of the additional acreage for a community farm would enhance attainment of the Town ' s first-stated objective, quoted above, in seeking funds Lo purchase the land (farming of historically productive farmland) The Town by action of the Board of Selectmen and the 4 Mr. Busa ' s future plans are not known. 9 Conservation Commission, as necessary, should afford the opportunity for community farm advocates to include use of land at either or both of the Waltham Street Farms in a proposal . Whether a community farm operated solely along Waltham Street or partly there and partly on the Busa land, more land could be available than the total acreage discussed in the farm advocates ' November 4, 2010 oral and written presentations . The fact that this approach would extend the process should not deter its adoption First The Town has the option of seeking to extend Mr. Busa ' s use of the land through the 2011 or 2012 growing seasons . Second. The Town faces a significant decision. Recreation fields and affordable housing units have proven to be long term Town assets. The hope is that a community farm will be as well. Taking some more time to evaluate options and make a decision should be seen in this light . The Farm Coalition intends to raise start-up funds by a loan and fundraising Their endeavors at the Busa land purchased with C. P.A monies would be eligible for additional C. P.A. awards . See Community Preservation Act, Section 5 (b) (2) (uses of funds for open space and recreation) ; Section 2 (definitions of "recreational use" and "rehabilitation") . As noted, since 1978, Mr. Busa and other persons have leased land in a Field [s] for farming -- Mr. Busa each Field for roughly the last 15 years. Nevertheless, various actions could strengthen 10 the use for farming of each Field. Dealing with drainage issues and acreage now overgrown (if permitted) would improve the ability to use Field #1 , The access road to each Field would need improvement and space for the parking of some vehicles would need to be addressed The ability to use water supplies -- the brook and pond at Field #1 and the well at Field #2 -- would require attention. The public works department and volunteers' might be able to address some of these issues The monies secured by the Farm Coalition coulo address others, with additional C. P A. funds used at the Busa land site. Also, C. P.A. funds might be available for use at the two farm fields. First. The C. P.A authorizes expenditures "for the . preservation, rehabilitation and restoration of historic resources, . . . " [Sec 5- (b) - (2) ] "Historic resources" include "real property • . that is listed or eligible for listing on the state register of historic places or has been determined by the local historic preservation commission to be significant in the history, archeology, . . . or culture of a city or town. " "Real property" includes "land, . . appurtenant structures and fixtures attached to . . land . . . " [C P A. Sec. 2] At minimum, the two farm Fields are "significant in the history [oil . [the] town. " In 1993 John Carroll and James McLaughlin worked to clean "the Waltham Street Farms waterways . " [A-22 Lo 23] 11 [C P.A. Sec. 2] "Rehabilitation" includes "the remodeling, reconstruction and making of extraordinary repairs to historic resources, open spaces, [and] lands for recreational use . . . for the purpose of making such historic resources, open spaces, [and] lands for recreational use . . functional for their intended uses . . . " [Id. ] Dealing with the drainage, access road, and parking issues at the Farm Fields falls within the definition of "rehabilitation. " Second. The Community Preservation Committee ' s Report to the 2010 Town Meeting includes reports on the status of projects receiving C P.A. support to date. These include: center playfields drainage study and implementation of mitigation recommendations [at 29, 43] ; at the Old Reservoir, reconstruction of the gate control structure, dredging of the existing retention basin, and stormwater mitigation [at 35, 29] ; and pond drainage improvements to Pine Meadows Golf Course [at 29] Some of the needs at the Farm Fields are parallel Use of land along Waltham Street would involve monetary costs and costs in terms of the aspirations of the Farm Coalition. Full acceptance of the Farm Coalition proposal would also involve costs . At a site for which the Town paid more than four million dollars, zero progress in affordable housing and zero progress regarding the principal need identified by the Recreation Committee. 12 D. Requested Action by This Committee At a global level, the intent apparent from the selectmen ' s charge is the desire that the Town make a carefully studied and wise use of the Busa land, consistent with C. P.A. purposes . The charge recognized that this might involve multiple uses and use of land in addition to the Town-owned Busa land. The Selectmen did not have the three worthy but divergent proposals later presented to this Committee They are divergent in the sense that they can not be fully implemented on the Busa land alone Since the 1970 ' s the Town has owned and, by action of the Conservation Commission, leased to individuals parts of two separate farm fields on Waltham Street, termed the "Waltham Street Farms. " Given the three worthy proposals submitted, this presentation suggests that use of some of this farm land in tandem with the Busa land would provide a path to the most fair and wise use of the Busa land. That is, it would allow full implementation of the proposals of each group. This Committee is required to carefully evaluate the three proposals received and to make the particular report described in the Selectman' s charge. This presentation requests that the Committee also: [a] mention in its report the possible use of the Waltham Street land, [b] suggest that this concept is worthy of consideration by the selectmen and Conservation Commission, and [c] transmit this report to the Board. This will not finally decide 13 anything. It will not prevent any of the Board of Selectmen from choosing to focus on only the three detailed proposals and this Committee ' s analysis of them and report. 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'' - -7-- •- -- - -,, _, - ---:-.J(1:-)- 7 I ifik,C%II-)1 f : 4 4 x '' ' .„..„,;-, ,----1 ,Ire , .,_ 4 ,--%Al I OL -- - ...,_ ,,..,...„ • , k . ; ,41.4....I. 1,140 "44fkL 00„...... 1 i. \a, .. , ...\s„.., ;,, ,,, - , :4 1 .1 i n 1- log i to J...4,.• i ''T 1 ...2; :#4 4°.;:\ s'7---1.-'e' ' 4 1111°: *--"Tr---. --\— I -' Nviiii. 1 1/ /Qrr ,, 40- , eici- , i ,.. 11,, )\, \i. \)--. \ i • ' ;k-li 44 i 1‘ el- 1111 ' \ k kk , `, , solv -‹- ,111 \ }til �' �r \ i • r , ilk i': .. • .i � �� �• , � - i. � , ,. ' t\ k ' 1 . . a , !1 td'�I =.\ + P # 1 \,, . , .1� t, f i J . 1yr, i. i , , , , , .. 1 1 i c:3 .. - ,i. / p / / 'to i ., / v , it , c I ),/ I ` a i l' k I . k ` I / J I f. �i_ h r.� l t• f4► f t�• / / / ,err h�i... 1 A ; / it_ LEGEND Y lit/ ! CZ:kJ/ --:-.... /( ;V . �`�` ' ""° '•Area under License / ' {, + { ; © �, 404 Permit Required , • 0 , / r { ! r / A-4 )/ • i •-...t.: ,t,,.4,.... ,.. • 0:,, . ( / • t E United States Natural Resources 319 Littleton Road Department of Conservation Westford, MA 01886-4104 Agriculture Service Tel. (508) 692-1904 February 22, 1996 Marilyn Nordby FEB 2 6 1996 Lexington Conservation Commission 1625 Massachusetts Avenue Lexington, MA 02173 Dear Marilyn: I met with Fran Busa in our office yesterday morning. He inquired about the procedures for cleaning out the ditches on the Waltham Street property. Maintenance of existing agricultural ditches are exempt from the Swampbuster provision of the Farm Bills of 1985 and 1990. Most normal farming activities are also exempt from the Corps of Engineers, Section 404, (see attached) . It is wise to notify the Corps of Engineers, Wetland Regulatory Division, prior to the work and explain the activity. On the attached map, I marked the ditches and pond area that I consider clearly associated with the agricultural operation on the Waltham Street property. The other ditches affect the agricultural operation but for one reason I believe that they warrant further review before maintenance activities begin. We discussed placing excavated material on the crop fields, on the Hayden Woods property or other areas in town. The culvert under Waltham Street controls the hydrology of the area. From the brief surveying I have done in the past and last fall with Mr. Catalano, very little excavation in the ditch is really needed. Removing the vegetative accumulation and minor grading is all that is really needed. Excavating below the elevation of the Waltham Street culvert will store water but not change the hydrology of the site. Deepening the pond is beneficial for additional irrigation reserve. The improved flow characteristics of the ditches may benefit the Catalano property during times of high water. The activity the town undertook last fall may also have helped the Catalano family property. A-5 f As I review the Massachusetts Wetlands Protection Act, ditch maintenance for land in agricultural use is an exempt activity. I understand that Lexington has an additional town wetland bylaw, but do not know all the particular aspects. If the town bylaw has any bearing on the project, please notify Fran Busa. Sincerely, GC'Z ,262 DAN LENTHALL District Conservationist Enclosures cc: Fran Busa A-6 7 \ ' //X -,,t,:i'e---- ..4 - ...• ....-- 1.., ' / ' 1 ..,,-•-• _,„.." .. „F. -...''-.,.. ‘-x.,-., . -/..„,„ /?/ /). ,s.•:- ,- ‘ ---)A "r ,- ',,z, 11111- A / . ,,' \i'':.,•"" ':, ,c4... 1r s 4, , / -s• , (.- C -A--- c›. k r li t \ \ • t,.., • 7 'N. . , -' Al : 01:401(\:., rc ,-.___A------" ---- 1 7.- t-, c it i ,........ \.....„.... \ *\. tr 1 _ ( ' ;•\/` :'' — \.,,, 1 - . \ I i 1,' ‘. 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N. . t.', • \ 4 tX1 ! i 44, \ \ \ \ \ -- "-' ------------ \ IN, ,. , 4 4 \ i Ns\s) \ \ ,1/4 440.:, ... •-::,------...-,c", ---------- ''''''''---,...:,----s'-• --•-- -----....-„, \t't .. .,----' fr4\.:-...7-. ...- i- 0... 00,00.-_---: 1, _ .. / F---f.-,,,,ii.....„_._---z, .. - -------,e,..,\_. . 00.- )._. • ..„,- , - Isatalikm% ''. ' — • — 1 .i. g .......„, 0,,e,,„,,, _. . — ,...-77.„, , •,,, ,,,,...- .4 ,,,, -,-;.• f1 •'''...• - • lift'-'•"7---- ---' - ----- ,r, r,cil „I I 1 I 11 't -''''' --\---- G -.-• k - •".! -'' . / r..',-„, (- •• - ......—... t f t 01 I t 'r 1 1 ..., *-••••. ----, _ I , i,I . Cd f 1 I , . . s:' .i. i \ ;........,r- t; 1 , ,•.t. .... r •, ly, • \ c., •,- : I 'CI , k r'N. „ ...... I / ! ---,.. , „...... . 1 .;., 1: -: , , t r $ — I y 1 oa,„, , , . , , ,, . 1 , I 1 I ,--' - if NI ,. '-`•-- , f ,< I 411-1 ...>..1.-- , ,...\ I 1 n t 4- , k sw so • ? s .1,w+.+ l i ,n f ill :.mw SIR: u i , _0064 0, -..................„ ...., ii. Aii*-.1' . 11.." _.....00400510, 112 - -, %. . ".ii • 4� *. ..`" Farm Field#1To..s •Lreeolir ;....7. , 44ittstimiert iliiiiiiir4;4141611111111W 4 0., "5. -a 41,44,44*,.1':41 ! izili- fitiar-i :1 '41* I'4 ler / .7.--- 0.0.1 . \ gi aw+ i I I*tcy : ' ' V 7 • 1AM."1411014r.* 911), ----'...•., 01.111114 _....._,. _ / 1 0 4* 44111:4447 11111r" --'-'''' '---- "1.7 .n. i • A 011 HI*, ,0111 0...• _. ,41114 4044411114* ye 7cat-ss, A...... er • NM rra _ 7 _•.. ... • House Gardens p • .. 7 40 Farm Field#2 / access road t st -ea 4::;:" .14*-1.....4.;4, x well N 41,TALA . 1: -, 3rd area ' ' ' 2nd area 1 •/ (--1; it r / f GAKLL M f!.,7 /1(1. .„7 t 17= • 1' 1 3 Lu,-1r,,... tee...,. golf facility . TOWN 4 4th area (igi / z 4146 �5�.. 1 N IA/ . MY 1 Waltham Street '''°'................#-...........7 • ----- c. T. y/f6 4 ; ! am �L IL!'" �aM �.. s ' - '`'r _,• 1...:......7.-1...:......7.-- j a l = . a pyx•��w.. - te Waltham Street Farms LEXINGTON S-Hf DESCRIPTIVE NAME OF PROJECT MUNICIPALITY {to be assi EXECUTIVE OFFICE OF HWIRON, AFFAIRS DIVISION OF CONSERVATION SERVICES SELF-HELP CONSERVATION RVATION PRO= CHAPTER 132A, SECTION 11 PRIIMARY APPLICATION 1. MUNI(•i.NALITY: T,FXINGTON DATE: August 26 . 1976 2. IIJCAIION OF PF }PERTY: (Indicate geographic locus in comm pity, etc.) South of Center - see locus map 3. DOES PROPERTY ABUT ANY OTHER PUBLIC OR QUASI-PUBLIC LAND(S)? Yes X No If "Yes" size of property and ownership Size (Acres) Ownership 64.4 acres "Hayden Woods" Town of Lexington - Conservation ( S-H Appl ( le i,nru 33.061 s.f. Town of Lexington Conservation (to be enlarged; see S-H 40) 4.. PRESENT OcillERaDF E PROP IY TO BE ACQUIRED: Louis, Fred and Charles Ricci 1010 Waltham Street, Lexington, Mass . 0217 Nam and Address Bonny's Landscape Service 41 Bay State Road. Cambridge. Mass . 02118 ASSESSORS SHEET' NUMBER: 24 and 16 DDT N mB :b9 and 11 respectively 5. TOTAL ACRES TO PE ACQUIRED: 39.5 ± PROPOSED COST: $292.450 ( total from each appraiser) APPRAISFI) VALUES: 1) $272,000 2) $282,000 6. COVER, Acres in: A. Forest 9 B. c en 25 C. Wetland 51-- D. Water E. Agricultural Land 26 7. TOPOGRAPHY, Acres in: A. Flat 17 B. Hilly C. Rolling 2-1-- D. Mountain ___8. .1r+TATERFR3NT, Linear A. Ocean B. Lake Feet on: C. River D. Streams 3396 9. PRESENT USE OF THE PROPERTY: nearly 2/3 being farmed, remainder forest 10. ARE THERE ANY BUILDINGS OR STRUCTURES ON PROPERTY? Yes Na X If "Yes", how many, estimated value and current use: A-9 Revised 6/76 -2-- BRIEFLY -2-BRIEFLY DESCRIBE PROPERTY NOTING ANY UNIQUE FEATURES: The Ricci 16 acres consists chiefly of cultivated "bottom land" divided and bordered by drainage ditches and used for row crops . Watershed : Clematis-Beaver Brook. The Bonny 's 24 acres is about 1/3 under cultivation with the fields gradually sloping toward wet bottom land. A small portion of the parcel is wetlands with the majority being well-drained uplands equally divided between open meadow and second growth woodlands . Watersheds : 12. IS PP3PERTY ACCESSIBLE BY PUBLIC TRANSPORTATION? Clematis-Beaver and Hardy 's F (Waltham) Yes x lkx Two bus lines : Lexington-Waltham stops on Waltham Street about 50-100 feet from frontage. Hanscom-Harvard line stops at If "Yes", estimate walking distance:Waltham-Merrett Rd . 2000 and "600 ft . aw 13. DOES PROPERTY HAVE FRONTAGE ON A STREET(S)? Yes X No If "Yes", Harm of strcct(s) Waltham Street (On plot plan (Attachrnnt #3) please indicate access point(s) 14. INDICATE ANY CURRENT OR PROPOSED x ;STRICTION OWN P}CPiyt<Y: (Zoning Restrictions, Deed .I strictions, Conservation Restrictions, Rights of Way) none known 15. IS A CLEAR TITLE AVAILABLE? Yes X No Unknown 16. IS ACQUISITION BY: EMINENT DOr IN FRIENDLY NEGOTIATION X PARTIAL GIFT OTHER 17. DOES PROJECT HAVE 'ION MEETING OR CITY COUNCIL APPROVAL? Yes X No (Attach copy of vote or proposed article) 18. IS THE TOWN APPLYING 'In ANY OTHER AGENCY FOR ACQUISITION FLNDS?Yes No X If "Yes", what agency 19. DESCRIBE PURPOSE OF ACQUISITION AND PROPOSED USE: 1) to assure that currently pz ductive farmland continues to be farmed; 2 ) to protect large peaty wet1E area, headwaters of Clematis-Beaver Brook and a stream flowing* into Harc Pond, Waltham; 3) to connect existing conservation lands with education Possibilities . as two schools and additional conservat_ion land lie acro Waltham Street; h.) scenic amenities . A-10 -3- 20. DESCRIBE HC THE ACQUISITION FITS INTO YOUR TOW;\.1 MASTER PLAN OR WNSRRVATION/ RECREATION PLAN (Cite Pages) : Shows on Interim Conservation Plan map. as "Program II Additions - Minimum" . 21. PROPOSEn DURATION OF PROJECT: FRDM April, 1976 TO October, 1976 22. SIG\TATUIE OF ALL OONSERVATION 00:•2tESSION MEMBERS: CIJAIRAN: ADDRESS: see attached signatures on earlier version of this application form 23. COMMISSION MEMBER FAMILIAR WITH PROPOSAL THAT DIVISION PERSONNEL SHALL OJNTACT FOR FTELD EXAMINATION OF PROPERTY: Staff) W. Clifford Prentiss, Conservation Services Administrator 862-0500 X1/.4_, Address Phone Angela E. Frick 9 Tavern Lane 862-5629 Paul E. Mazerall, Parks Division 862-000 X REQUIRED ATENMENTS 1. Certified copy, by city or town clerk, of data of acceptance of General Taws, Chapter 40, Section 8C. (Art. 9, Nov. 1963 ) and Art. 62, 1972 2. Certified copy, by city or town clerk, of present appointments of conservation commission. 3. Appraisals and/or opinions of value as required by Division of Conservation Services. (14. enclosed ) 4. Corrniunity Cbrrprehensive Open Space-Recreation Plan to be included if not already on file with Executive Office of Environmental Affairs. This plan must not be more than five years old and mist ncet Division of Conservation Services planning requirements. (see cover letter) 5. P]ot plan on nap showing total arca to be acquired. Show ctlrrent use of adjacent laths. If contiguous lands are under public ownership identify agency and managene. nt. Also a locus map. 6-, Articles t.7 and 4E10 1976 . IT IS 91) BF, UNDERSICOD THAT ANY PROPERLY A.C.QUIRM cicu RECEIVE 3 EFTJ'-1MP REIMBURSEMENT ASSISTANCE IS OPEN TO ALL CITIZENS OF THE COMMON7ATEALTH, AND THAT NO MAJOR ALTERATION OF THIS PROPERTY, OR CHANGES IN THE PROPOSM USES CAN TAKE PLACE WITHOUT THE PRIOR APPROVAL OF THE EXECUTIVE OFF OF ENVIR)Nt,ENTAL AFFAIRS, AND POSSIBLY THE GENERAL COURT. A-11 IT IS NECESSARY FOR T . EXECUTIVE OFTICE OF ENVIRON=7ALAFFAIRS TO HAVE ALL OF THE ABOVE MATERIAL. FAILURE TO ANSWER ALL QUESTIONS AND SUBMIT THE sriPPORTINC; DATA WILL RESULT IN TIE APPI.TC.ATION BEING RETURNED AS INACTIONABTF,. „ ,yy rot commission - elease sign and return i I, 1 'h57) 0 This T.4Ja`: Or ._ to.i a n a ^e E fit b- LAIe', i_ he T O. _. IJP ttL.21 WO ?ez e_'i r,..(^t 3i 1.:0110 i 0-,n Ler Jain: ,Imo. .Rig g_i,„,F•ga,R„=_I,.8 ... ISl1~.t... i.SrGi 1010...W.oltham_Stiee:t.„.,Lexingcaa.,,,, _ .�, _______'eFe.l.fax ter called Te.nant, for ace of ._ pax o . 7d .4.P. 'd t"•Aiattn,-i of T0, i_ of Lexington c7ns(.i' v".trin ' 11c12 ti'i ,•._i, a } tlia14„,5 t Emits. .d_ _- --,-._._._. _9 :118 deccr:'-i Sed in a dead zer ..+ded .nrl 3 ? f �� ,�ai fiJ>z1:� �oF,�-�i.:�r .. �:roE:aF Ft) ?i; 1311f_.__ , ";0 `b.14.__ `C'eo,a ,, .�.,�„ _....,._. ) :Col the peri.S1 o1 , AP ii._l__ .w _____ 11_28 Gs-,b•onf.;h t,o-. ,-rb MM _y2e.,_ The rerf.a:1, et, ., Ty, ??s fa a:t -4 i(; "„15_.-w„ 0 ,E„ P;'r ,w _d ,.1;-1.1 be «' 300 00 per year, 5.r--15A_.,CR. i al. ') ,of wh i_ 1-, :a e11 be paid herewith ami the 1,_(1,..01_,.._ pa f e 15th of Novo yrib er, 1978 il...” `H' i 771 on u pa cei r f lane .stall be row cd'i.?TJE. -C;t. I _, lie this 1.,r,,^.a, rth.-.-. '131,:ta;iii a,Tess ',silt h the f'©neoi-n6 [teams r CZ',;anle ). 37. s-,ia-10 - lob, .e mannia :aill3-e preferred far 'd17j ).lea t,lca as Ier-:,11iz ei.8, etreo ,_ ., =n't the e41: of ear,i'i ,_ ,vd:i ig season a C;iave' crop ,hall be plank.,ad .n ,A.i'!t i-0 1-1 i;_..-0 e.fl"se dye erosion control a A't: i no air`! of pati; 4,L,e, .as season-1 a Land Record '-oor-i7c (=nc1c'sed) eIan_11 be ti11ea out a.id returned to the 1,2,in ton Clo7Ssea vation Connie tiler (by Nnvenber �,1,,r)thy if pE;ss ibi e) „ L1,,, Said len shall be hart free from all litt.er, i.e con- tainers, p2e2., ' c.iOfi ..aM 'arm ega_ipicont ahan1 not in user 5. a) 11 reanro or mahTai. cheni-?a-ols are to be used in the com- ing ng ar®Ynl'U-ii season a 11,^11 ,o made in a cvi-]nce of the season etQ the 1 a i:,;r„o_,;. Conserz•at ion Colrmi ss-+_ct1, b) V'111 1;r-v.tiF�,aea oat he:bie'L-t..eo oseci on sa.i.d land must ha vs the a,fproae . I, the Encii'onsiontti P o.,ea ion Agency be 'r,c,',_ fii.' d:} 11 ;den tE-e '°1. scar�l-.isetts department of VlVale a;:.t @:,'n, .iLcision of ''rod and Drugs The rate of i?7.1 t.......4-PM 547.+311 nut er.Ct_�1O: s,iain. abated Li1Oen the pr©= viLi,-In 71. tn.es:, atanciies for the specific' orope being i'l 1 a:.t.164,1 f , Thu, L'e.'rn£.b.l cla.1.' .1..:edClsn",f'. the Tom- of be,iZgton and ea,.:.:J .; :e ,,:'fi aP: ars and a-C21,.. ..,o:ni.: yeae;aiSnat all liability ai'it] arae e-• V1-c0 i i_ n, srcn; cosi en o' as._-i. 1 ad en( 'nr'n.= el , .F. :itb avids.oc.o i:_a,- he 132s .routonce to meet ,1"7 fi- 1 d - )1 E^1-2 Zn;r., - ---'2- i•.r..,.i.i. dais., i,toa 0 2,1 L-i"!_kiln t-C1', ,_ , A” i 0_, LtI 1, 0 I. 1,L5k 1'.Or1;i OP i_J:';g i,,:U'1.(}x' `Angela E. Frick _ __ -. __ Tnant`s oiginaLopy_si,gn,ed bmtt� __David WG WilliamsR__. n following ___ ._. Susan _S. .Solomon„ ,-,___,_._ __.____-______".._-_.......-_.. .—_.,,_- _---- Paul V Allan A A1ci'F0i t. of i"ba iC ._-e i, - P� , .i c1,,, ' ,, � vv-- -� a i•F wE, S1i74_,T::u 3o0,/71.1p 413/78 T1,3-itNI'(e) ”4 _ _ - ..._.._._-. �. Da si :pad �`��.a/..Z.d:�,q,_ A-12 LICENSE This License constitutes au agreement between the TOWN of tEXLNGTON, hereinafter called Owner and_Exuajarauazijgobitnssala.a„, ..T.e.leeieeeeeti.24-;c4.11_ _ hereinafter called Tenant, for use of a parcel of laud, a portion of Town of Lexington conservation lands known aseelealrham et tm5. as described in a deed recorded in Middlesex South Registry of Deeda Book_leyel , Page eel (Certif. ) for the period of , 19261_, through November, 19 Ai . The rental fee for use of said _ 5 + acres of land will be S__Llaja_per year, 4_ (half of which shall be .aid herewith and the remaini.1 meueeeeede's Ot 0* 000 *0 *******O O•O***0*Of** MOW*** SAO* 4AAAA,A,A,A tt•tt AerlitANSOCfttEEKKIXXX The crop grown on said parcel of land shall be row crops. 1:2 signing this License. the Tenant agrees with the following terms: 1. -beganic materials such as manure will-be preferred for application as fertilizers, etc.. 2. At the cud of each growing season a cover crop shall be planted in time to assure effective erosion control. 3. At the add of each growing season, a Land Record Fenn (enclosed) shall be filled Olit and returned to the Lexington Conservation Commission (b7 November 15th, if 4. Said land shall be kept freed from all litter, i.e. C-af=---- taineee, packaging end farm equipment when. not in use 5, a) A report of whet chemicals are to be used in the com- ing growing season shall be made in advance of the season to the Lexington Conservation Commission. b) All pesticides and herbicides used on said land must have the approvel of the Envireemental Protection Agency and be registered under the Massachusetts Department of Public Health, Division of Food and Drugs The rate of application shall not exceed that stated under the pro- visions of thuse agencies for the specific creps-beiag planted 6 The Tenant shali indemnify the Town of Lexington and each of its officers and representatives against all liability and expense arising from use and possession of said land and provide herewith evidence that he has insurance to meet any obligations which might arise under this paragraph. OONSERVATXON COMMISSION for TOW1L7 LEXINGTON 4-4 ) A liaity of the Conservation Commission Date Signed cr-7-, _ (7' A-13 TENANT(s) 6.-z-z-f.% 6-7 Cil-f2 - ,Date signed 586 Lexington St. Waltham, Ma. 02154 March 27 ,1990 Mr. Kevin R Mendik , Esq. Conservation Department 1625 Massachusetts Ave. Lexington, Ma. 02173 Re: Lease of Waltham Street Conservation Land Dear Mr. Mendik, Kindly accept this letter as a request to lease the lot of conservation land on Waltham Street previously held by my father, Mr. Frank Ordile. During the remaining period of 1990 I wish to cultivate the property and to maintain the land in its natural state. I wish to use the land for the sole purpose of farming a variety of vegetables including pumpkins , radishes, tomatoes , and parsley. If you wish to speak with me further regarding this matter please contact my home at 893-5762 . I will be pleased to answerany questions or concerns the board may have. Very Truly Yours , ' (IL C Jame . Ordile t�� .me-- o-N 070 9� A-14 AGRICULTURAL LICENSE This license constitutes an agreement between the TOWN OF LEXINGTON, herein- after called Owner, and Young Park 312 Waltham St , Lexington hereinafter called Tenant, for the agricultural use of a parcel of land, a portion of Town of Lexington conservation land known as Waltham St Farms , as described in a deed recorded in Middlesex South Registry of Deeds Book 13110 page 614 (Certif N/A ) for the period of December 1 , 19 90 through November 30, 1991 The rental fee for use of said 10 acres of land will be $ 300 00 , payable by June 30, 19 91 In signing this License, the Tenant agrees to comply with the following terms 1. Organic materials and methods for fertilizing and pest control will be preferred to inorganic chemical means 2. All pesticides and herbicides used on said land must have the approval of the Environmental Protection Agency and be registered under the Massachusetts Department of Public Health, Division of Food and Drugs. The rate of application shall not exceed that stated under the provisions of these agencies for the specific crops being planted. 3. A filter strip of at least 20 feet of permanent vegetation shall be maintained between all cropped areas and all streams and drainage ditches 4. Said land shall be kept free frim all litter, including containers, packaging, and farm equipment when not in use 5. A cover crop of winter rye shall be planted by September 20 or immedi- ately after harvest. 6. The Tenant shall take other appropriate measures, in keeping with good agricultural practice, to limit soil erosion and loss from the site to acceptable levels. 7. A written report of land use during the growing season shall be filed by November 15 on a form to be supplied by the Owner 8. The Tenant shall indemnify the Town of Lexington and each of its officers and representatives against all liability and expense arising from use and possession of said land 9 All refuse and debris including leaves and brush shall be removed from the site and disposed of promptly and properly No dumping will be allowed any place on the site CONSERVATION COMMISSION for TOWN OF LEXINGTON ( LDate signed //----/9'-74- TENANT(S) /%9/_/4TENANT(S) Date signed j/ , C3 / A-15 MINUTES -- LEXINGTON CONSERVATION COMMISSION 2/25/92 PAGE 2 TOWN MEETING - BROOK CLEANING ARTICLE In all probability, funds will not be available from Town Meeting for the brook cleaning/maintenance program which the Commission is sponsoring. A decision must be made whether to 1) ask for the full $75,000, 2) ask for one third of it which will allow for a study and then ask for money at another time to do the work, 3 ) ask for an indefinite postponement or, 4) suggest that an environmental firm such as IEP be allowed to draw up guidelines to be used by volunteers in the community. Mr. Langseth felt that if a few brooks were cleaned, it would demonstrate the benefit of the work and then the Town would be more inclined to commit additional funds for other projects. Commissioners agreed that Town Meeting should be made aware of how serious the brook clogging problem is at this time. It was noted that DPW will help as much as possible as long as they can use machinery, they will not remove silt or similar blockages by hand In answer to the feeling by some that the Conservation Fund should be used, the Commission strongly felt that the purpose of the Conservation Fund is to acquire land for conservation purposes and for the maintenance of this land, it should not be used for the maintenance of the brooks which by nature become conduits for draining stormwater from the Town. The brooks/streams are located as much in the developed areas as on the conservation land. Mr. Alan Wade stated the South Lexington Civic Association wishes to be of assistance in obtaining information for Town Meeting and has volunteered to survey the brooks for problems throughout the Town, not just in Swommonland which has been the object of his concern. 7 Waltham St. Farms - Clogged ditches are preventing the water from properly draining off the field which makes areas increasingly difficult or impossible to farm The ditches need to be cleaned before the field is reclaimed by scrub vegetation. It was suggested that possibly some of the field could be offered for community gardens. A quote for cleaning the ditches has been requested. Both Mr. Park and Wm Levine, last years renters, want to return this summer and a decision will have to be made about the rental soon. There was a problem with the two different renters using the water and if it was short in supply, how would it be determined who would be able to use it In addition, there is concern about the condition of the area that Mr. Park farms and it may be more desirable just to rent to Wm Levine who has been growing flowers on the property for a number of years. EXTENSION PERMIT, ST. PAUL'S CHURCH, LOWELL ST. - BL-219 Paul Bongiovanni and Steven LaRusso were present representing St. Paul's Church The Order of Conditions will expire on March 14, and St. Paul's is asking for an Extension of that Order and approval of the revised plans which has downsized the building and parking areas. After the construction of a foundation, the work was stopped due to lack of funds. They hope that the sale of other property in the near future will provide the funds to continue the work on the project The new plan was compared with the previously approved plan. One portion of the building is deleted and a row of parking is moved from the back of the lot to the side. Thi's will free an area for planting. There are no plans to change the drainage. They would like to A-16 MINUTES - LEXINGTON CONSERVATION COMMISSION 10/13/92 PAGE 4 meeting. If the authority to use the driveway cannot be found in the past deeds, the Commission may have to make a decision on the status of the . driveway The driveway is hardpacked with no wetland adjacent to it One suggestion was that the area in question could be used as a parking area for access to the conservation land A contribution from the owner could provide for a sign and the construction of a path to the existing path on the conservation land CONTINUED DETERMINATION, 512 LOWELL ST , MILNE 9 15 p m. Kathryn Milne, the applicant, and Richard and Sean Milne were present. Mrs. Milne reported that a wetlands report was submitted and the wetlands line has been flagged This new delineation shows the bordering vegetated wetlands at the rear of the lot 30 feet from the edge of the tennis court. According to the wetlands report, the areas along the northern and southern borders of the lot did not qualify as a "Resource Area " Two schemes are submitted for the Commission's consideration. Ms Nordby reviewed comments of Sam Sleiman, assistant town engineer In his opinion a major drainage study of the runoff from the tennis court would not show any impact because of the size of the drainage basin in relation to the size of the tennis court, the amount of water coming from the court would have little or no impact on the wetland When asked, Mrs Milne expressed her preference for "Scheme II " The Commission also preferred Scheme II as tennis court is further from the wetlands. It was moved, seconded and unanimously voted to issue a negative determination with conditions requiring a landscape plan, hay bales. etc, FARM LEASE 7 Waltham St Farms Mrs Miller reported that Fran Busa would like to farm a portion of the land near the cart road if the brook is cleaned and that Wm Levine, who has been growing flowers on the field for a number of years, has also requested to continue his lease, now using the entire field. He would like to continue to cultivate the lilacs on the southerly field His letter of request is on file Because of the good experience with Mr Levine's farming over the past few years, and merits of increasing the area to be farmed, it was moved, seconded and unanimously voted to allow Wm Levine to farm the entire field for the ensuing year In relation to the farm lease, the Commission agreed to Mr Langseth's suggestion to revise #2 of the farm lease regarding the application of herbicides and pesticides. It was noted that the Catalanos, who own the Whitehouse Nursery and the field between the northern and southern Waltham Street Farm fields owned by the A-17 AGRICULTURAL LICENSE This license constitutes an agreement between the TOWN OF LEXINGTON, herein- after called Owner, and Wm. 0 Levine, 88 High Haith Rd. , Arlington, MA 02174, hereinafter called Tenant, for the agricultural use of a parcel of land, a portion of Town of Lexington conservation land know as the northerly field of the Waltham Street Farms, as described in a deed recorded in Middlesex South Registry of Deeds, Book 13110, Pg. 614, and for the care and improvement and use of the row of existing lilac plants located on the southerly field, as described in a deed recorded in Middlesex South Registry of Deeds, Book 13121, Pg. 603, for the period of December 1, 1992 through November 30, 1993 The rental fee for use of said 1 acre on the northerly field and 1 acre on the southerly field will be $60.00, payable by November 30, 1992 In signing this License, the Tenant agrees to comply with the following terms 1. Organic materials and methods for fertilizing and pest control will be preferred to inorganic chemical means. 2 All pesticides and herbicides used on said land must have the approval of the Environmental Protection Agency and be registered under the Mass. Department of Public Health, Division of Food and Drugs The rate and location of application shall not exceed that stated under the provisions of these agencies for the specific crops being planted and pesticide or herbicide being used All other label restrictions or guidelines shall also be strictly observed. 3. A filter strip of at least 20 feet of permanent vegetation shall be maintained between all cropped areas and all streams and drainage ditches. 4. Said land shall be kept free from all litter, including containers, packaging, and farm equipment when not in use. 5. A cover crop of winter rye shall be planted by September 20 or immediately after harvest if applicable. 6. The Tenant shall take other appropriate measures, in keeping with good agricultural practice, to limit soil erosion and loss from the site to acceptable levels. 7. The Tenant shall submit to the Commission a written report of land use during the growing season by November 15. 8. The Tenant shall indemnify the Town of Lexington and each of its officers and representatives against all liability and expense arising from use and possession of said land. (continued) A-18 r Wm 0 Levine Agricultural License -2- 1992-93 Waltham Street Farms CONSERVATION COMMISSION for TOWN OF LEXINGTON /�.rcam_. K C.% 7 Date October 13, 1992 TENANT(S) -W/N - (9 17e2(1/1-.4--' Date A-19 ..." i., „. . _ 1 4,,v .,, iw, i 7.) (1,1.42.2_r rca....:.-, 6";r..)1rt.,,la r...--+-, / K_P/"I/L. 1 /4'.�� --- ---j/C"„27-_.mac-`!_i, .-..,0_Lo - 5• s,=v- .G y';/' eta-u0„.c2_ _—.. 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I 1 I , ---- A-21 I - 1 I 1 (0' _ t ;: TOWN OF LEXINGTON • "".. -4,t1(MOOttMASSACHUSETTS 02173 Department of Inspectional Services 1625 Massachusetts Avenue FAX (617)861-2780 Animal Control 861-2701 Board of Health 861-2700 Building Department 861-2711 Zoning Board of Appeals 861-2707 Conservation Commission 861-2726 Historic Districts Commission 861-2711 September 28, 1993 Mr. ,john Carroll 31 Allen Street Lexington, MA 02173 Dear Mr. Carroll: On behalf of the Conservation Commission, I want to thank you for your very valuable contribution to the town in the cleaning of the Waltham Street Farms waterway. It was a long time coming but the end results are wonderful. In addition, the Commission is very appreciative of your mowing of the fields - they haven't looked this good in years! The Town of Lexington is truly fortunate to have interested citizens willing to contribute their time and effort in helping to preserve and protect the open spaces in Lexington. Thank you again for your continuing interest in helping maintain open space in Lexington. Sincerely, Joyce A. Miller, Chairman Lexington Conservation Commission cc: Board of Selectmen Richard White, Town Manager A-2 2 OJS M031N/. VPS O 9 Y g i TOWN OF LEXINGTON MASSACHUSETTS 02173 i�xMazai' Department of Inspectional Services 1625 Massachusetts Avenue FAX(617)861-2780 Animal Control 861-2701 Board of Health 861-2700 Building Department 861-2711 Zoning Board of Appeals 861-2707 Conservation Commission 861-2726 Historic Districts Commission 861-2711 September 28, 1993 Mr. James McLaughlin 973 Cambridge-Concord Highway Lexington, MA 02173 Dear Mr. McLaughlin, The Conservation Commission want to express their deep appreciation and thanks for your contribution in the cleaning of the Waltham Street Farms waterways The brooks in Lexington are long overdue for cleaning, and the Commission decided on the Waltham Street Farms as its initial project, partly because of the interest and contributions of so many people. It was a difficult job, and in these economically challenged times, one we would not have been able to find funds for. The waterways look wonderful, as do the fields and the Commission is very pleased. You did a beautiful job and we appreciate it very much. Sincerely, Joyce Miller, Chairman Lexington Conservation Commission cc: Board of Selectmen Richard White, Town Manager A-23 r MINUTES - LEXINGTON CONSERVATION COMMISSION JULY 19, 1994 Commissioners present: Lisa Baci, Angela Frick, David Langseth, Joyce Miller, Robert Stewart and Richard Wolk. Absent: Philip Hamilton. Chairman Miller called the meeting to order at 8:10 p.m. in the Room G-15, Town Office Building. 277 WOOD STREET. ENFORCEMENT ORDER It was moved, seconded, and unanimously voted to ratify the Enforcement Order which was issued to John and Paul Caruso, 277 Wood Street, for clearing brush and trees on a strip of Katandin Woods Conservation land adjacent to their lot. Alteration of Conservation land without a permit is prohibited. Mrs. Miller reported that subsequent to issuing this Order some Conservation members met at the site with Mr. Carusso and believe they have resolved problem. Mr. Caruso has agreed to rebuild the stone wall to block the roadway once the fruit trees he plans to plant have been delivered. The Commission also gave him permission to leave the cut tree trunks on the disturbed areas until they can be cut for firewood. Direction was given to send Stewardship membership information to the Carusos. WALTHAM STREET FARM FIELD Fran Busa came to the meeting to discuss his plans for working the Waltham Street Farm Field and wanted permission to prepare it for crops next year. He has walked the land with Dan Lenthal from the U.S. Soil Conservation office and planned to follow an outline Mr. Lenthal developed. This plan had been distributed to the Commission at an earlier date. He also wanted to clean the ditches on the field, but as outlined in Mr. Lenthal's letter, more study is required because some of the work may be protected by the Corps of Engineers. Mrs. Miller said they wanted to review the situation before giving him permission to till the soil. Bob Stewart will be the Commission contact person. Mr. Busa also reported that there is no water flowing through the Waltham Street culvert. He would be happy to install the pump to pump the water through the culvert as Mr. Ricci had done many years ago if the Commission so desired.. He also reported that the Hayden Woods field, where he holdS the lease, came alive when it was planted, but there was a lot of trouble with the animals - deer, woodchucks and rabbits. They are trying to coexist with them by planting crops they don't like. He assured the Commission that the gate is locked at all times. DETERMINATION, 65 LEDGELAWN AVE. ADDITION. WEISER- (f94-131 Mr. Weiser explained that they were installing downspouts and drywells to their addition so that there would be no additional runoff. The work is within 100 feet of the drainage ditch that runs on the northern edge of the bikeway. It was moved, seconded and unanimously voted to issue a negative determination. "Old Res" Weed Problem Mrs. Miller reported that the Commission had received a memo from Maggie Whitesell, Recreation Director, requesting permission to harvest the weeds in the swimming area of the Old Res. The weeds have become a real safety problem for swimmers and if something is not done, the Res will have to be closed to swimming. Recreation was given permission to harvest. Ms. Whitesell said that Recreation would like to use Sonar to control the weeds next summer This would require application early in the spring. She had been advised that it will be necessary for them to file a Notice of Intent for this work and that it would be a good idea to file during the winter so the permit would be in place in the spring. Ms. Nordby will send a memo confirming this requirement. A-24 � � 1 DRAFT - Agenda 2 Meeting 9/27/94 © Waltham Street Farm Field License - :f you will remember, the license for Fran Busa' s use of the field had not been issued because we were waiting for an inspection by the Army Corp of Engineers and the US Food and Agriculture Department to be sure that we could write the license to avoid any violation of their regulations I joined these agencies' representatives for their review of the field on Wednesday. The areas that cannot be farmed without a permit were delineated and therefore can be specified on the license I also learned that there would probably be no problem with cleaning the ditches under the regulations of these agencies because it falls under a farm exemption for them also. I do not yet have the final language for the license but it is not long and can be dealt with at the meeting. If you will recall, another area of concern was the Catalano field which is adjacent to Waltham Street field. Hr Catalano has had the problem of a rising water table in his field over recent years and felt that cleaning the ditches on our field would resolve his problem. However, this may not be a solution unless the water can be pumped through the culvert at Waltham Street and thio may require a 401 Water Quality or other permit. Also, the elevation of his field versus the elevation of the ditch that directs the water to the culvert will also have to be compared to determine if any ditch cleaning would make a difference. Mr. Lenthal, US Soil Conservation Service, needed the information obtained at the Wednesday meeting of agencies before he could work with Mr. Catalano. A-25 MINUTES - LEXINGTON CONSERVATION COMMISSION 9/27/94 2 WALTHAM STREET FARM FIELD - FRAN BUSA Mr. Fran Busa attended Ms. Nordby presented the license for Mr. Busa to farm the Waltham Street Farm field He already has the license to farm the Hayden Woods farm field. The Army Corp of Engineers and the US Food and Agriculture Department have delineated the areas that the Town must have a permit under the Federal "404 Clean Water Act" to farm These areas are shown on an Attachment to the License. The farm exemption does not apply to the restricted areas because they have not been farmed within the required number of years. This is established from aerial photographs. These areas, however, may be mowed to keep the vegetation under control. Mr Busa said that he would be happy to do the paper work for the "404" permit. It was moved, seconded and voted to issue a farm license to Francis Busa for eight acres of land at the Waltham Street Farm Field for two years at $240 per year ($30/acre) . Mr. Busa said that he plans to grow mostly sweet corn on the Waltham Street field He expressed his enthusiasm for this year's crop on the Hayden Woods field Although, the native animals - woodchucks, deer and rabbits - wiped out his 3.8 acres of pumpkins and squash, he was not dismayed because they left his corn alone which was the best crop he has ever grown. DISCUSSION - LOT 10A, PHEASANT BROOK II - 201-342 Bob Cataldo, Sr. attended This is the lot where t' o utilities were to be attached to the driveway bridge that crosses a wetl.1^d. Mr. Cataldo explained that when he met with Engineering, he learned that the sewer line would require a pumping station. Because of the problems they cause, the Engineering Department does not want pumping stations used and has requested that the line be installed in the ground with at least four feet of cover. Mr. Cataldo presented a plan showing an alignment of the sewer that would not require a pumping station. It is located near the lot line and approximately 30 feet from the nearest wetland edge A small machine is used to dig the trench and install the sewer line. Commissioners Miller and Stewart had visited the site. Mr. Langseth is comfortable with the new plan but would like to see a hay bale line installed for protection around the wetland. Mr. Cataldo said the new owner may come in with a plan to do something with the wetland on the lot. The Commission agreed that the change in the sewer line can be considered a field change pending receipt of a plan showing a clean identification of the change and the delineation of the hay bale line. DISCUSSION, 110 GROVE STREET - 201-346 At a public hearing on May 10, 1994 a preliminary site design for a two lot subdivision, with a full size cul-de-sac off Grove Street, was presented to the Commission. At the request of the applicant, the Commission agreed to continue the hearing to give the Planning Board additional time for review. As a result of the work with the Planning Board, a new plan was developed. Ms Nordby briefly reviewed this plan because the applicants are requesting a decision from the Commission on the wetlands line and they also need to know if a new filing will be required She explained that because of an agreement with an abutting lot owner, which allows the inclusion of their lot into the subdivision, the subdivision regulation dimensional and frontage requirements changed. Under the new rules, the cul-de-sac can be eliminated and the new dwelling moved closer to Grove Street and served by a simple driveway. With the new plan the environmental impact is greatly reduced because all construction is over 100 feet from the wetland. The Commission agreed that they could not make a decision on the wetland line until the hearing was A-26 I nu% MON.. GC k '‘41 1 2 i ) Town of Lexington Conservation Commission 4.4PiArik rrlo, Joyce Miller,Chairman Tel. (781) 862-0500 x226 Philip Hamilton Fax. (781) 861-2780 Angela Frick Richard Wolk Lisa Baci Bernice Fallick Ralph Bitsko January 19, 2001 Mr Francis Busa 1248 Hill Road Littleton, MA 01460-2010 RE Agricultural Licenses Waltham Street and Hayden Woods Farm Fields Dear Fran. Thank you for coming in and signing the licenses. Enclosed is a copy of each for your records. Payment may be paid at any time, but please no later than May 1st The fee for the Hayden Woods Farm Field is $100 and Waltham Street Farm Field is $240 for a total amount of $340 00 Enjoy the winter!! Sincerely yours, Linda A. Gaudet Administrative Assistant Conservation Office A-27 1625 MASSACH USE1 1 s AVENUE• LEXINGTON,MASSACHUSE1TS 02420 AGRICULTURAL LICENSE This license constitutes an agreement between the TOWN OF LEXINGTON,hereinafter called Owner, and Dennis Busa hereinafter called Licensee, for the agricultural use of a parcel of land and the row of existing lilac plants which arc a portion of Town of Lexington conservation land know as HAYDEN WOODS FARM FIELD, as described in a deed recorded in Middlesex South Registry of Deeds Book 13121,Page 603,fo'the period of December I, 2009,through November 30,2012. The rental fee for use of said 2.6 acres of land will be $100 00 a year, payable by December 1, of each year In signing this License, the Licensee agrees to comply with the following terms I The farm plan, dated February 3, 1994,developed for this parcel with the US Soil Conservation Service, shall be implemented. It may be revised from time to time to meet the needs of the crops, licensee or site conditions and local, state, and federal regulations. Revisions shall be documented in writing and submitted to the Commission. 2 Organic materials and methods for fertilizing and pest control will be preferred to inorganic chemical means. 3 All pesticides and herbicides used on said land must have the approval of the Environmental Protection Agency,U.S Department of Food and Agriculture, and be registered under the Mass. Department of Agricultural Resources Pesticide Bureau. The rate and location of application shall not exceed that stated under the provisions of these agencies for the specific crops being planted and pesticide or herbicide being used. All other label restrictions or guidelines shall also be strictly observed. 4 A filter strip of at least 25 feet of permanent vegetation shall be maintained between all cropped areas and all streams and drainage ditches. 5 Said land shall be kept free from all litter, including containers, packaging, and farm equipment when not in use. 6 A cover crop of winter rye shall be planted by October 1, or immediately after harvest if applicable. 7 The Licensee shall take other appropriate measures, in keeping with good agricultural practice,to limit soil erosion and loss from the site to acceptable levels. 8 The Licensee shall submit to the Commission a written report of land use during the growing season by December 1 9 The Licensee shall indemnify the Town of Lexington and each of its officers and representatives against all liability and expense arising from use and possession of said land. (Continued) A-28 - ,--- tvArr t*rkWirAlkAt"-"IT . , CONSERVATION C9 MMISSION for TOWN OF LEXINGTON 7,,,. ..„. Or/ { :i7 .. -7 . - k \---) , - ,- Date Dle_p_jfyi Q521) c/I) oL-6 05' ----- / LICENSEE(S) ,r -V----rt--72-±CDate 7 /; ----/-417 A-29 _ .. ___ __ , _.._.-- 1995 e-,-r" 1 2 3 4 5 8 7 l'-'11k. . i . 11 1 '' 1 'fr ' g p 5Q 17 12 13 14i' t � 45 ,s t7 t8 19 20 21 - .431 + jy fi- i + 22 23 24 25 26. 27 25 -1 JI .k1V.G lYf ''',� IL i.Ils_..4 ..`1-, -,1 29 30 31 V �' __ ._�_ 55 H FEBRUARY }�5 .'4' I 5 6 7 8 9 10 11 + ` 12 13 14 15 16 7 18 _. ''7'`ctl 19 20 21 22 23 24 25 "4-, 26 27 28 � i r MARCH2 3 4V. + i ..1 R This 5 6 7 5 9 19 '1 -271,,,,,, if/ Z .V iwner,[ 12 13 14 15 16 17 18 1 19 20 21 22 23 24 25 ! ':;;s1,..'','''''fDent 2s z7 as 29 30 31 jj !ll���'ff 9/1. a „ existin, 5::x4} APRA + 71, �.�J ' lilac / /� j� MDS FA • l g 10 1 12 13 14 15 r( Q 7 t! 6 U"'z^' 1F ?7 18 t9 20 21 22 r i I F / HELL 5O3,t .. ,, 24 25 26 27 28 % _ R_I'�'1 ry, 30 (547,�! 1 perio( MAY , f .q 7 , )f land 1 2 3 4 B (.., 'J 7 8 9 '0 11 12 73 I f +? i be SD 14 15 16 .7 8 9 20 A 1 yf.J (Sri, `j PS �(77I 21 22 23 31 25 26 27 ftjU V ,rt J fi--0 28 2g 30 31 A 15 0 / f v v k7 d'JRE 6141'' ! CV 1 g 2 3 ' G.l Jn srir 4 5 5 7 8 9 10 ��r [7b( l � 1 yi 19 13 74 15 i6 17 U V . ',8 19 20 21 22 73 24 6 25 27 76 29 3C JULY 1 trlit:27: arc5 rvation 2 3 4 5 6 7 8 qqp {1j a Sh \crops, 9 10 1` 12 13 14 15 ) ,,.,,� p ilii �7 16 17 18 19 28 2i 22 t/V/`"t' rented 39 24 25 26 27 28 29 4/°° .L° 0 C! 30 31 i8 ;g 74 At1G.. 3 o 1 °9 3 4 15 9 8 7 I7 11 2 / f 13 16 18 17 ib 19 1j SIC' 20 2' 22 29 24 25 28 +7 28 29 30 31 i SEPTEMBER 1 2 4 5 6 7 8 9 �.al f � .a ii 12 13 14 15 t6 ..,j 17 18 19 29 21 22 23 24 25 26 27 28 29 ;10 SS - ' I pGTQeE71 8 7 I shalt r s. 1 7 8 5 it 11 12 13 14 nd r! 15 16 17 18 19 20 21 22 23 24 28 26 27 28 29 30 31 tiC JEA79061 1 2 3 4 5 9 7 B 9 10 11 1 12 13 14 15 16 17 18 1 7 2 i9 20 a4 22 23 24 25 pped y 25 77 26 29 30 • b DECEMBER - � 7 2 3 4 5 6 7 8 9 f 5 t0 11 i2 4.3 14 15 19 lurpment 17 18 18 22 71 22 23 24 25 e8 27 29 23 35 V. 31 6 ._.... .",audit ae planted by October 1 or immediately after harvest if applicabkk ` i 7 The Licensee shall take other appropriate measures, in keeping with good agricultural practice,to — limit soil erosion and loss from the site to acceptable levels. •i 8. The Licensee shall submit to the Commission a written report of land use during the growing season by December 1 I 9 The Licensee shall indemnify the Town of Lexington and each of its officers and representatives • against all liability and expense arising from use and possession of said land. (Continued) A-30 Cumulative Allocation of Community Preservation Act Funds to Date Category 1 "Bucket"1 Thru 7-1-09 FY 2011 Total community housing $2, 657, 468 $1, 091, 129 $3, 648, 597 historic resources $3, 556, 645 $2, 356, 033 $5, 912, 678 open space $3, 105, 111 $1, 717, 000 $4, 822, 117 [bonded for Cotton farm] $2, 300, 000 recreational uses $1, 106, 635 $1, 225, 220 $2, 331, 855 administration $ 275, 000 $ 150, 000 $ 425, 000 not allocated to a category; Busa Farm Purchase $2, 562, 100 $2, 562, 100 $4, 197, 000 [retire part of bonds] [additional payments will be $974, 600 and $930, 300] * * * * * * * * * * * * open space including Cotton Farm bonds $7 , 122 , 117 open space if Busa land use classified entirely as an open space use [ includes Cotton Farm] $11, 589, 117 Sources . Lexington Community Preservation Committee, Report to Town Meeting, 4-5-10 (updated) at 42-43 (with information on 2010 Town Meeting actions provided by Ms . Nathalie Rice, Admin . Asst . ) (with Busa Farm purchase removed from open space category because use [s] of land not yet determined) A-31 CPC Account Balance and Recommendation 2010 Annual Town Meeting APPROVED TO DATE (by category as of 7/01/09) Community Housing $2,557 468 Historic Resources $3,556,645 Open Space $7,302,117 Recreational Uses $1 106,635 TOTAL $14,522,865 Administrative Expenses $275,000 TOTAL $14,797,865 AVAILABLE FOR APPROPRIATION At 2010 Spring Town Meeting UNAPPORPRIATED BALANCES Community Housing Reserve $7,289 Historic Resources Reserve $141,195 Open Space Reserve $397,207 Unbudgeted Reserve $935,336 Undesignated Fund Balance $5,163,878 TOTAL AVAILABLE $6,644,905 ESTIMATED REVENUES, FY 2011 Property Surcharge $3,153,000 State Match (31%per DOR est.) $941,700 Investment Income (estimated) $50,000 Total FY2011 Estimated Revenue $4,144,700 TOTAL AVAILABLE $10,789,605 42 A-32 | RECOMMENDATIONS CPCC - FOR FY 2011 PROJECTS AND EXPENSES 1-NA 16-10" Requested Recommended ---�-- `-i/ COMMUNITY HOUSING Greeley Village Siding Replacement 388.128 386,129 Vynebrooke Village Drainage Study 10.000 10.000 LexHAB Purchase of Two Properties 605.000 685.000 HISTORIC RESOURCES Archives and Records Management 150.000 150.000 Cary Library Preservation Project 100.000 100.000 Cary Mem B|dnQ - Improvements Study 60.000 60,000 Cary Memorial Building Signage 25.000 25.000 Building Envelope 73,000 73 O08 ,,�^ . ' 'f\v` V0-6-4- Town Office Building Renovation 1,823,881 1 �OO�)O�-fly ' |`) V��/ ��< Cary Memorial 8|dng./TOB HVAC Upgrades 35.000 35.000 Police Station Ventilation System 31.700 31.700 Muzzey Senior Center Improvements Study 45 100 45.100 White House Historic Structure Report 18 UOO 18 000 Stone Building Exterior Stabilization 202,933 203.833 Munroe Tavern Capital Improvements 400.000 400.000 Comp Cultural Res. Study' 8uppiApprtn 6.300 5.300 Battle Green Master Plan 26.000 25.000 OPEN SPACE Minuteman Bikeway Preservation (1/2 rec) 160.000 160.000 Cotton Farm Land Acquisition 3'857.000 tbd |` -51;7, C bu,-vi-e'` ,`-',3'6° 8': RECREATIONAL USE Minuteman Bikeway Preservation (1/2 osp) 160.000 180.000 Stormwater Mitigation Old ResiPNarrett Rd 190.047 190.047 Center Playfields Drainage - Implementation 875,173 875,173 ADMINISTRATIVE Administrative Expenses (including $50.000 150.000 150.000 ( for land planning expenes) TOTAL (Projects and Admin.) 9.478,2G3 ���f�f2�- �/���/ + Buao Debt Service 2 562.100 2 562.10O ����'/ -- TOTAL 12.040,363 7'869,482 't`»\, 4 4 @ � ' °.° / borvie-j \ 40i/ A-33 Y~ ' Description of Photoaraohs Photographs from late October and November 11, 2010 Waltham Street Farms. Field #1, Near Lexington Veterinary Associates Building A. sign with part of field in background B. entry road C. area #1 of field per U. S. DOA analysis; said to be 3 . 3 acres, looking away from Waltham Street; A-4, A-3 (# designation and acreage) D. left side of area #2 per U. S DOA analysis, looking toward Waltham Street, some standing water visible, A-4, A-3 (# designation) E. right side of area # 2 per U. S. DOA analysis; looking toward Brookside Avenue and Waltham Street; area #2 said to be 1 . 8 acres; A-4, A-3 (# designation and acreage) F. part of area #3 per U S. DOA analysis; looking away from Waltham Street; area #3 said to be 2 . 2 acres, A-4, A-3 (# designation and acreage) G left side of area #4 per U. S DOA analysis; looking toward Waltham Street, area said to be 2 .2 acres; A-4, A-3 (# designation and acreage) H. right side of area #4 per U S DOA analysis, looking toward Waltham Street; A-4, A-3 (# designation) I part of area #5 per U. S. DOA analysis, looking toward Waltham Street; A-4, A-# (# designation) J pond between areas #1 and #3; looking away from Waltham Street, A-4 (pond) , A-7 (pond) , A-3 (# designations) K. end of drainage ditch between areas 2 and 4, looking toward Waltham Street; A-4 (drainage ditch) , A-3 (# designations) , A-7 (drainage ditch) L drainage ditch parallel to Waltham Street, to left of entry road shown in photo B. near Waltham Street; A-7 (location of ditch) M. Clematis Brook near Waltham Street and culvert for Brook and drainage ditch water to pass under Waltham Street to continuation of Brook on the way to Clarke Middle school vicinity Waltham Street Farms, Field #2, Access Road to left of White House Gardens Buildina on Waltham Street N. sign 0. entry road after walking down hill through wooded area; A-8 P. first field reached, looking away from Waltham Street, A-8 Q. first field reached looking back toward Waltham Street; A-8 R. part of second field reached; view is toward Waltham Street golf facility, with part of short course golf course visible (barely) through trees; A-8 S left side of the second field looking toward Waltham Street; A-8 T. most of third field reached looking away from Waltham Street; A--8 U. from a different point, most of third field, looking away from Waltham Street; A-8 V. fourth field reached; looking away from Waltham Street; A-8 W well adjacent to second field with water level visible, A-8 • Patin Fitiklitt = JI • • • . • 110 rr - - I • - - - • .'6 • - - • Jr' .F- ji; ei; V AL" .11 • .• •.r• y rikr r I II MOT@ B • PHOTO C ti ' 'tib ffigrrn n r - - - _• __ - I ■■ 1 �� • Y 1 IL• Mann • 17, = MAIIIIii=.11111110=1011111= IN II =11,0=MI • Mi 11111111. !..11.1111MF T • • I• • Lr- Nor j Yrk I X 7 Paget tir2 Alin • .� A � .q_ • MID 14 • ..■ -•1 1 111 ti • • • • • new • 1 r .. .. J • PliCFPO mooT 1 .. 1 J Mini U- • • •IP MOTO Nil imam f 1�= loll =nom . . . - - - -