Conservation commission approves enforcement‑order plan for 66 Dudley Street with 3‑year maintenance condition

The Arlington Conservation Commission on April 2 authorized staff to finalize an enforcement order for work at 66 Dudley Street, accepting a revised site and planting plan but requiring a maintenance agreement and a minimum three‑year survivability monitoring period.

The commission heard from Al Gala of Gala Simon & Associates, who said the revised site plan replaces proposed gabion cages with low stone walls to reduce root impacts and removes roughly 757 square feet of impervious surface to enlarge a vegetated buffer. "It tallies up to about 757 square feet of impervious area removed," Gala told commissioners during his presentation. Nicole Ferrara of LEC Environmental described the planting program and erosion‑control measures, saying the restoration includes three planting areas (she cited a total of about 970 square feet), 45 shrubs across seven species, biodegradable netting for slopes, and no planned herbicide use.

The commission’s staff advised the members that a prior certificate of compliance had been rejected in 2023 because plantings achieved only about a 50% survival rate; staff said the new plan must include monitoring and a maintenance/O&M plan to demonstrate long‑term success before a certificate of compliance is issued. "Three years to be consistent with other permits and orders, perfectly reasonable to me," Conservation Agent David Morgan said during the discussion.

Members pressed applicants on seed‑mix provenance (preference for New England ecotypes), slope stabilization techniques (biodegradable netting, hydroseeding, possible terracing), and how the maintenance agreement with the condominium association would secure long‑term care. Nicole Ferrara said the plan uses Ernst Conservation Seeds mixes and that hand‑pulling would be used for Japanese knotweed if encountered.

Commissioners moved and seconded a motion to accept the plan and authorize staff to work with the applicants and the condominium association to produce a maintenance agreement and to ensure the enforcement order records the conditions discussed. The motion passed unanimously (Brian McBride yes; David Kaplan yes; David White yes; Chair Chuck Terrone yes).

The commission recorded two different area figures during the presentations (Al Gala cited about 757 sq ft of impervious area removed; Nicole Ferrara described three planting areas totaling about 970 sq ft). The commission directed staff to reconcile those figures and to include the agreed numbers and the maintenance‑agreement requirements in the enforcement order before final issuance. Applicant Al Gala said he would coordinate with David Morgan and the condominium association to complete the maintenance agreement.

The enforcement order is a local, non‑appealable action that will include monitoring obligations; staff will return to the commission to close out the action once survivability and other conditions have been met.