Driveway Through the Blue Hills?

An August 21 Milton Times article (that is not on-line) reported that town Selectmen are moving forward with plans to acquire 5.7 acres of land for the Milton Animal League animal shelter.

We are following these negotiations rather closely because of access concerns that might mean a driveway through the Reservation. The land has no access and while Milton Town Administrater Kevin Mearn said he hopes to establish a right of way through Thomas Nursery, the nursery owner is not interested in agreeing to a right of way that would bisect his property and, he says, decrease the value of his property. The town has thus considered exploring an alternative right of way that would require a road from Chickatawbut Road through the Blue Hills Reservation.

Below, is a Milton Times article from earlier this year that discribes the issue. For an electronic version of the below article, click here.

Shelter Must Move: AG
By Nate Leskovic
Milton Times Staff Writer 3/6/08

The new animal shelter will likely be built at the DPW yard as a result of a letter from the state Attorney General’s office explaining its opposition to it remaining on the town farm, which was left to the community with certain stipulations many years ago.

Despite the letter, it is likely that controversy over the shelter’s location will continue not because people are opposed to it but because of other land-use concerns raised by neighbors as a result of the shelter’s relocation.

Town Administrator Kevin Mearn says he will report favorably to Selectmen that the shelter be located at the DPW yard on Randolph Avenue, after listening to residents at three public meetings that concluded last week.

The letter from David Spackman of the Attorney General’s office acknowledges that at a Nov. 15 meeting Assistant AG Johanna Soris advised town officials that her office could not support use of a portion of the land without a plan for the entire property. Selectmen Chair Marion McEttrick and Town Counsel John Flynn attended the meeting.

The letter further states that an animal shelter would be inconsistent with the terms of the trust for the land and would limit other options for its use.Gov. William Stoughton’s will requires the property be used to benefit “the poor” of Milton. Selectmen are the trustees of the property, and any use of the land must receive the blessing of the AG and approval in court.

The Milton Animal League’s new shelter will cost about $2.5 million. The current building, located on the farm, is deteriorating.While there is little concern about building a new shelter, some residents question the proposed location.

Neighbors near the DPW yard fear development on Randolph Avenue due to the amount of property owned by a corporation in the area that unsuccessfully proposed a shopping center for the DPW yard almost three years ago.

Neighbors near the town farm and others are concerned that moving the animal shelter from there would clear the way for development of the more than 30-acre farm. A committee organized by Selectmen to study possibilities for the Gov. Stoughton trust land recently began meeting.

Bob Sweeney, Indian Cliffs Neighborhood Association president and cochair of the Gov. Stoughton Committee, criticized the letter from the AG as a “weak legal statement” that did not cite any laws.

Other residents have asked why the shelter must be moved now after being on the property for 30 years; if the Gov. Stoughton trust could donate a portion of the land to the town; or if the town could take a portion of the property by eminent domain.

Some residents say the town is set on the DPW site, regardless of comments at public meetings.“(The meetings) weren’t held to see how the abutters feel about this,” says resident Richard Shea. “They were to tell us what is happening. This was a done deal.”

The possibility of using town-owned land off the old landfill access road was shot down after Police Chief Richard Wells wrote a letter to Mearn opposing the location. Wells says he is concerned about the isolation of the area, the lack of traffic, and its popularity as a hangout for underage drinking.At the Feb. 27 meeting, Mearn announced the possibility of using land off Randolph Avenue owned by the Animal Rescue League (ARL) for the shelter.

However, Mearn says there has yet to be discussions with the ARL. The group recently proposed selling the property to the A. Thomas Nursery on Randolph Avenue, according to Mearn. The ARL land is located behind the nursery.

Residents at the meeting were favorable to the idea, though Mearn emphasized there was no proposal on the table.

The proposed 8,100 square-foot shelter, which will be paid for by donations, is about three times larger than the current building. It will hold the same amount of animals as the current building, is designed to suppress barking noise, and will have a ventilation system that eliminates the need to open windows.

For Sale: Boy Scout Camp Adjacent to Reservation

We recently learned that Camp Sayre, the Boy Scout camp on Unquity Road in Milton is for sale. This 107-acre parcel is located on the northern border of the Blue Hills Reservation. According to Coliers Meredith & Grew, 97 of those acres are under a conservation restriction, so development is limited. For an advertisement of the sale, click here.

Blue Hill Weather Observatory Expansion Update

Here's the latest on development at the Observatory. The original article can be found on the Boston Globe website. Like the DCR, we still have many questions about the proposed development.

Sky's the limit as observatory plans new science center
By John Laidler, Globe Correspondent August 24, 2008

Efforts to build a sparkling new science center on the grounds of the nearly 125-year-old Blue Hill Weather Observatory are ready to take flight, provided the state gives the project the go-ahead.

The Blue Hill Weather Observatory and Science Center, the nonprofit organization that operates the state-owned facility in Milton and Canton, recently completed a preliminary design of the nearly 20,000-square-foot building, which would be located on a gentle slope just southeast of the observatory, facing Houghton's Pond.

The proposed center would have a computer lab, a 100-seat auditorium, two large classrooms, a large function room, sleeping facilities for 24 students, and a tower with an outdoor observation deck accessible even when the center is closed. Plans also call for the center to be a "green" building, incorporating earth-friendly and energy-efficient features.

The observatory group has also been in active discussion with the state Department of Conservation and Recreation, whose final approval it needs to proceed with the project. If the organization can secure that go-ahead, the $10 million fund drive needed to build and endow the new building will be launched early next year.

Charles Orloff, executive director of the nonprofit, sees momentum for the project, which aimed at expanding the observatory's educational program.

"We've had a lot of interest. We've had groups of people come to us to know more about what we are doing," said Orloff, who also notes the support the project has received from state Senator Brian Joyce and other local legislators. Joyce in 2006 secured the $100,000 state funding that paid for a study and the resulting preliminary design, which was prepared by the Boston architectural firm CBT.

As another positive, he said the recent state budget authorizes the DCR to negotiate a 25-year permit extension for his group to operate the observatory site, including the land where the proposed center would go. Until now, its permits have been limited to five years. The longer permit would bolster the observatory's efforts to secure funding for the project, according to observatory officials.

Commissioner Rick Sullivan said in a telephone interview that the conservation agency has not made a firm decision whether to give the Blue Hill project a green light.

"We are certainly considering it," he said, noting that his staff has met recently with the observatory board and director. "They've been great stewards of the observatory. I've personally been out there and seen the plans and it's certainly something that over the long term we are willing to continue to have discussions with them" about.

Sullivan said that among the matters to weigh in assessing the plan are "the long-term use of the facility," septic issues, and "overall how this fits into the master plan for the Blue Hills."
Blue Hill Weather Observatory and Science Center board member David Cook said the group has "no misgivings about the fact" that the DCR is asking hard questions. "It's a process that should be gone through." He said he was hopeful, though, that the agency would come to see the value of the project.

"We think most people would agree that having that kind of facility is a very good thing," he said, noting the center's ability to interest students in science, "and that having classrooms located next to the observatory where students can get the benefit of hands-on experience is highly desirable."

Built by Abbott Lawrence Rotch as a private atmospheric measuring and research facility in 1885, the observatory has played a notable role in weather science. The earliest kite soundings of the atmosphere in the 1890s, and the development of the weather balloon in the 1930s, both occurred at the station.

Bequeathed by Rotch to Harvard in 1912, the observatory was owned by the university for nearly 60 years. In 1971, it was taken over by the Metropolitan District Commission, which continued an existing contract to supply weather data to the National Weather Service .
Since 1981, the nonprofit - which began life as the Blue Hill Observatory Weather Club - has operated the observatory for the state, expanding the mission of the facility to include educating the public about weather science.

In 1997, the group opened a small science center within the observatory as part of a state-funded project that also included renovations to the historic building.

Orloff said it became clear early on that the center, located in a first-floor room that Harvard had used as a library, was too small to accommodate the educational program. The space shortage was eased only somewhat by the addition of a second room, formerly the caretaker's quarters, about nine months ago.

About 10,000 schoolchildren and others visit the science center for organized programs each year. But due to space constraints, no more than about 100 a day can be accommodated.
"It wasn't ever designed to be a classroom in any sense," Cook said of the current center. "Sometimes we have two busloads of kids up there and there's barely room for one busload."
The new center would solve that space crunch, allowing for visiting groups of up to 200 people a day. It would also allow for expanded programming. Youngsters would have the chance to design, build, and fly kites carrying weather instruments into the atmosphere; create and maintain websites that record weather data; participate in workshops on climate change; and view exhibits on the geology of the Blue Hills. Through the building's "green" features, they would learn about solar, wind, and other alternative energies.

The new center would also enable the observatory to greatly expand the use of computers, employ remote sensors to monitor weather and climate conditions in the Blue Hills, implement a program on aerial photography, and present scientific programs to large groups.

"We will be," said Orloff, "the premier site for atmospheric education in New England when this is done with."

Action Alert: Lantana Land Swap

As you can see in a recent Globe article, the Lantana function hall is drawing closer to reaching its goal of paving over three acres of parkland in the Blue Hills Reservation. In exchange, Commonwealth residents – all of whom own the park - will receive one land locked parcel and another parcel that is a wetlands and thus already protected from development.

We can still make a difference by writing Executive Office of Energy and Environmental Affairs Secretary Ian Bowles and DCR Commissioner Richard Sullivan, urging them to ensure that the Commonwealth is compensated for the full value of the parkland. An accurate appraisal of the true value of the land will show that this is a rotten deal for the Commonwealth and all of us who care about our parks.

What you can do

Let Sec. Bowles and Com. Sullivan know that the owners of the Lantana need to provide a new appraisal for the land parcels in the Lantana Land Swap.

Contact Information

Secretary Ian Bowles

email: ian.bowles@state.ma.us or write:

Executive Office of Energy and Environmental Affairs

100 Cambridge St, 9th Floor

Boston, Massachusetts 02114

Commissioner Richard Sullivan

Department of Conservation and Recreation

251 Causeway Street, Suite 600

Boston, MA 02114-2104

Sample letter

Secretary Ian Bowles
Executive Office of Energy and Environmental Affairs
100 Cambridge St, 9th Floor
Boston, Massachusetts 02114

Dear Sec. Bowles:

I am very concerned about the proposed land swap of 3.2 acres of Blue Hills Reservation property located in on High Street in Randolph. The owner of the Lantana function hall has offered to swap property that is greatly inferior in value to the prime, wooded parkland that the Commonwealth will be forfeiting in this deal.

The two parcels the developer is offering to trade are not of equal value. One is a land locked parcel, with no trails, no access for development and invasives that degrade its biologic value. The other parcel the proponent offers is wetlands which the Commonwealth already protects from development.

We urge you to require the developer to complete an accurate appraisal assessing the fair market value of the Reservation land. The appraisal prepared by Lantana grossly undervalues the parkland because it is over three years old and it limits the potential use of the land to a parking lot.

I understand that you have required the owner of the Lantana function hall to update the appraisal. Please accept only an accurate appraisal of the true market value of the land.
I also know that you have made a commitment to require adequate compensation to all Article 97 land, which includes the Blue Hills Reservation. I ask you to act on that commitment.

Thank you for your attention to this issue that lies at the heart of Article 97 land protection.

Sincerely,

Globe article reports on Lantana Land Swap

The following Boston Globe article describes the latest news on the Blue Hills Reservation. The article can also be found on the Globe website.

Lantana land deal advances after state accepts its report

By Robert Knox, Globe Correspondent August 10, 2008

The odds are increasing that 3 acres of the Blue Hills Reservation will be given to Lantana for use as a parking lot as part of a land swap between the Randolph function hall and the state.
The state has accepted Lantana's environmental report, paving the way for the next step in the controversial land deal.

Opponents of the deal were encouraged last fall when the state demanded a full report on the environmental impacts of the land transfer, seeing it as a serious obstacle to implementation.
But Environmental Affairs Secretary Ian Bowles recently accepted Lantana's draft environmental impact report, writing that it "adequately and properly" complies with the state's environmental protection act.

Bowles also praised Lantana's addition of a 2-acre parcel on the Blue Hills River in Randolph, which added to its original offer of 3 acres near Route 24. The total package creates what Bowles called "an acceptable" 5-acre trade for the 3 acres of Blue Hills Reservation land. "We sweetened the pot," Lantana owner Paul Hart said Tuesday.

Hart also agreed to increase the buffer space in his design for the new parking area, reducing the number of parking spaces.

The Lantana - a family-owned business and popular venue for weddings, proms, and other events - wants an overflow parking lot so patrons don't have to risk crossing the street from the function hall to the current lot.

Hart said Lantana's environmental impact report was buttressed by a consultant hired by the town who concluded that customer safety could not be guaranteed by alternatives such as a traffic signal or an overpass.

The crossing does not have enough traffic volume to justify a traffic light, Hart said, and the study concluded that other measures such an overpass or underpass, or a well-marked crossing with a speed bump, would be only a "Band-aid." Hart also agreed to reserve 10 parking spaces in the new lot for use by Blue Hills trail hikers and pay the state some $250,000 worth of in-kind contributions to mitigate the loss of the parkland.

The land swap has been strongly opposed by conservationists, including the 1,000-member Friends of the Blue Hills, ever since it was sponsored six years ago by Randolph's legislative contingent. The deal's critics said Lantana should have been required to show that a "public purpose" necessitated the deal. "There is no 'public purpose' for the sale of the park property for private developers," said Robert Quinn, co-chairman of the Friends of the Blue Hills' advocacy committee. "Nobody else goes there but customers of Lantana." The Friends argue that the land swap would mean the loss of environmentally valuable land that has been in the state's hands since the 1930s.

The land has "ancient stone walls, ledgy knolls "topped with giant brick-colored boulders, and includes the first 250 feet of the Smith Trail," the Friends' Tom Palmer said last fall. The land "has exactly those qualities that the park was made to preserve." The Friends also estimate the value of the 3-acre parcel at $1.2 million, not the $290,000 assessment the Lantana has placed on it.

Bowles has required the Lantana to get an updated appraisal of the value of the parcel and to respond to minor concerns raised by state agencies in a final environmental impact report.
Bowles's spokesman, Robert Keough, said that the decision to approve the land transfer was made by the Legislature and that state regulators lack the power to reverse it. The law does give Bowles the authority to place appropriate conditions on the land transfer, such as the updated appraisal, which may raise the price for Hart. The Friends of the Blue Hills are now asking those opposed to the deal to contact Senator Brian Joyce, a Milton Democrat, one of the enabling law's sponsors, and ask him to file legislation repealing it.

Joyce's chief of staff, Matt Gaines, said Joyce sponsored the legislation "at the request of the town" along with four other Democratic legislators then representing Randolph (Walter Timilty of Milton, Bruce Ayers of Quincy, Bill Galvin of Canton, and Joe Sullivan of Braintree) and does not deserve to be singled out by the plan's opponents.

Citing the state's regulatory demands on Lantana since the bill's passage six years ago, Gaines said "the process could not have been more open and had more review." He pointed to other transfers approved this year and said the Lantana deal has received more scrutiny than any other.

The Trustees of Reservations is backing a new law that would require transfers of state land to be reviewed by the appropriate state agencies before the Legislature could act on them.

Robert Knox can be contacted at rc.knox@gmail.com.

Governor Patrick Gives a Pass to Mini Fenway Park

We have some disappointing news for the Reservation.

Last Thursday, Governor Deval Patrick signed a bill that gives the proposed Mini Fenway Park a green light to ignore the state’s environmental laws if it moves forward with its plans to develop 11 acres of Reservation land in Quincy. By signing the bill, Governor Patrick agreed that a ball park for kids represents an ‘overriding public interest’ and thus need not concern itself with following the state’s Wetlands Protection Act, which would have required the project to protect known endangered species habit.

Ironically, the provision was tacked on to the Environmental Bond Bill, which will provide investments over the next five years to protect many of the state’s natural resources. The bill also includes another provision we joined other environmental groups in supporting, a state income-tax credit to spur preservation of privately owned land.

We’re disturbed that a provision bypassing key environmental protection in the Blue Hills Reservation could be included in a law to protect the Commonwealth’s parks and beaches.

We appreciate all of you who called and wrote to the Governor on this issue.

You can read more about the Mini Fenway Park on our website.

The Patriot Ledger printed the following article Friday, August 15. For an online version click here.

Bond bill that aids Mini-Fenway project gets Patrick’s signature
The Patriot Ledger
Posted Aug 15, 2008 @ 09:09 AM

BOSTON —
Gov. Deval Patrick signed a bill Thursday that deems Mini-Fenway Park an “overriding public interest,” giving a boost to the troubled Little League ballfield planned for West Quincy.
The provision was included in a $1.64 billion environmental bond bill, a five-year borrowing package intended to pay for projects, such as park and beach improvements, across the state.
The bill also includes an income-tax credit to spur private land donations to nonprofit groups, the state and communities.

The public-interest title is critical for the pro-ject to bypass state environmental laws. For months, the nonprofit Kids Replica Ballpark Inc. has feuded with state environmental officials over their refusal to allow the project to advance. The 12-acre site, bordering the Blue Hills, is designated as endangered snake habitat and contains two protected water pools used by frogs and salamanders to mate.

The Friends of the Blue Hills, a preservation group, urged Patrick to veto the Mini-Fenway provision, arguing it facilitates skirting procedures to determine if a project should be given special consideration under environmental law.

Ronald Iacobucci, chief executive of Kids Replica Ballpark Inc., said he was grateful for Patrick’s support. State officials have said the nonprofit group must now apply for a variance.

Plans for the half-size replica of Boston’s fabled ballpark have been in the works for 10 years.

Governor Patrick Signs Environmental Bond!

We just learned the good news that Governor Patrick signed the Environmental Bond – see below. We do not know which sections he passed and which he vetoed. We will let you know as soon as a copy of the final text becomes available. (See previous post for details on the amendments that threaten the Blue Hills.)

Governor Patrick Signs Environmental Bond!

Today, Governor Deval Patrick signed into law the 2008 Environmental Bond, authorizing up to $1.68 billion to provide the capital funds for vital state environmental programs over the next five years.

The Coalition offers its thanks to Governor Patrick and the Legislature for their leadership, support and approval of the largest Environmental Bond authorization in the Commonwealth’s history.

The Environmental Bond will provide the capital resources to protect open space, improve water and air quality, repair and maintain public parks, increase energy efficiency, support our agricultural resources, and much more. The final text of the bill will be online at: http://www.envirobond.org/ as soon as it is available.

The Bond also includes a state income tax credit for landowners who donate qualifying conservation or agricultural land to a municipality, the state, or a nonprofit conservation organization (effective January 2010). The tax incentive program, which the Governor sent back to the Legislature with a $2 million per year cap, needs legislative approval. The incentive is a great complement to the capital funds provided by the Environmental Bond, and will enhance and expand the state’s ability to preserve natural areas.
We’d like to thank all of our members for your phone calls and emails to legislators. Our combined efforts—representing 268 organizations and more than 400,000 households statewide—clearly made a difference and showed the breadth and depth of support for the Environmental Bond.

Lantana in the Boston Globe

Last Sunday, The Boston Globe published an article on the Lantana land swap.

Here's a version of the letter that FBH Advocacy Co-chair, Bob Quinn, submitted to The Patriot Ledger on this issue.

Lantana Land Grab Not a Win-Win Situation

The Patriot Ledger reported on Saturday July 26, 2008 that the proposed purchase of more than 3.2 acres of the Blue Hills Reservation is one step closer to reality. The news article further reported that the Lantana owner, Paul Hart, described this proposal as a “win-win for everyone.” Nothing could be further from reality.

Yes, this is a win for the Lantana, but it is great loss to the citizens and taxpayers of Massachusetts.

Yes, the Lantana will have a parking lot that is closer to its front door. This is a win for the Lantana function hall.

Yes, the value of the current Lantana parking lot will be greatly enhanced. Once Mr. Hart moves his parking onto to the land he is acquiring from the Blue Hills Reservation he will then be able to develop his existing parking area. This area can be developed for any of the following purposes: home improvement center, auto parts store, hotel, bank, or offices. The value of Mr. Hart’s property is greatly enhanced by this purchase. This is a win for Mr. Hart.

Unfortunately, the public does not share in these wins. Instead, the public loses, if this transaction is allowed to go forward.

First, the public loses because it is not getting anything close to the full fair market value for this property. Mr. Hart is going to purchase this property for $290,000.00. Yet this property, based upon the records of the Randolph Assessors Office has an estimated value in excess of $1,200,000.00. This is a loss for the taxpayers of Massachusetts.

Second, this is public parkland that is being taken by a private developer. The Commonwealth has long protected the scarce resources that have been set aside as public parklands. The state itself is limited in its ability to change the use of public parklands to other uses. There is no public benefit or public purpose that supports this transfer. Mr. Hart in his submissions to the state only lists the benefits that will be enjoyed by the Lantana patrons. There is no improvement to the environment, no transportation improvement, no public water supply that will be protected. The transfer of public parklands to a private developer without any public purpose sets a bad precedent. This is a loss to the citizens of the Commonwealth.

For more information relating to this sale please visit the website of the Friends of the Blue Hills: http://www.friendsofthebluehills.org/lantana.htm

Robert Quinn
Co-chair, Advocacy Committee,
Friends of the Blue Hills

Mini-Fenway in the News

Today's Patriot Ledger contains a story on Section 26 of the Environmental Bond Bill that allows Mini-Fenway to bypass environmental regulations. We are still waiting to hear whether the Governor responded to our request to pass the Environmental Bond Bill but veto Section 26. Stay tuned for our letter to the editor in response to this article.

For more information about how a company has leased 11 acres of Blue Hills Reservation to build a Mini Fenway Park, visit out our website.

Call the Governor Tuesday, August 5

We need your help to make sure the Governor passes the Environmental Bond Bill (House Bill 5052), but VETOES Section 26 of this bill. Section 26 is an amendment that would exempt the proposed Mini Fenway Park in the Blue Hills Reservation from parts of the Wetlands Protection Act.

See talking points below. You'll find short summaries of the issues and links to additional information at the end of this email. But remember you don’t need to be an expert to call.

Please call the Governor at 617-725-4005.

Talking Points

Tell the person who answers your name and town. Say you want the Governor to:

• Pass the Environmental Bond Bill (House Bill 5052).
• Pass the conservation tax incentive (Section 8).
• Veto Section 26 which would exempt the proposed Mini Fenway Park in the Blue Hills Reservation from parts of the Wetland Protection Act.

What are the issues?

Mini Fenway Park
The Commonwealth leased 11 acres of Reservation land in September 2004 to developers to build a 'Mini-Fenway’ park. This parcel is a defined Priority Habitat, containing rare species habitat. The amendment attached to the Environmental Bond bill would allow the developer to skirt the state’s Wetlands Protection Act with no explanation of why or how their project constitutes an “overriding public interest.” This is never a good idea and in this case could allow a vernal pool to be filled in without going through the normal environmental process. Our wetlands regulations were enacted to prevent precisely the kind of activity that this amendment would advance—unregulated filling of wetlands and threatening endangered species. For background on Mini Fenway Park, visit our website.

Environmental Bond
The Environmental Bond is the cornerstone of the Commonwealth's long-term investment in our environment. It provides capital funding to protect the state's land, air and water, and natural habitats, restoration of wetlands, parks and beaches, to reduce pollution, remove and repair dams, safeguard drinking water, and many other purposes. For background on the Environmental Bond Bill, visit the Coalition for the Environmental Bond website.

Conservation Tax Incentive
The conservation tax incentive would be a catalyst for conservation and make conservation more competitive with development by providing a state income tax credit on qualified land (as certified by the Executive Office of Energy and Environmental Affairs) up to $50k in value, no more than your annual tax liability, rolling forward 10 years. It is an incentive to encourage private land owners to donate certified conservation land to non-profits, the state or a municipality; it will help land rich/cash poor citizens, by giving them a compelling option to protect our natural heritage as opposed to giving up their land for development. It will also provide capital to farmers and foresters, as working farms and forests may be certified. To ensure the preservation of our most critical natural resources, including agricultural land and land in forestry, the state must employ a variety of tools, from improved local zoning and increased capital investments in land protection, to enhanced tax incentives for voluntary land donations by private land owners.