David Morgan, Arlington’s Environmental Planner and Conservation Agent, was the guest speaker at the 2022 Annual Meeting, held via Zoom on January 23, 2023. He described the Urban Ecology Framework he is coordinating with Tufts graduate students to chart the Town’s progress on identified goals for ecological land management and set a timeline for accomplishing them. He has provided a summary of the project, including maps and contact information.
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Recent Actions on Proposed Development
October 2022 — Mugar Update
Since the previous Mugar Update in January 2022, several legal actions have occurred regarding the proposed 40B development known as Thorndike Place, although no final decisions have been made. Following is a summary of recent actions and an update of the Land Trust’s involvement in the ongoing process.
The Zoning Board of Appeals filed its decision and conditions on the project in November 2021, and in December two lawsuits were filed against the ZBA decision: 1) the developers of Thorndike Place, Arlington Land Realty LLC, filed a lawsuit with the Housing Appeals Committee; and 2) three abutters of the Mugar property filed a lawsuit in Middlesex County Superior Court. In April 2022, the developers terminated their appeal, which means the abutters’ case can move forward.
Land Trust to Support Environmental Studies
Attorney Daniel Hill, who has been hired by the Coalition to Save the Mugar Wetlands on behalf of the abutters, recently gave the ALT Board an update on their lawsuit. He explained that a primary goal of the case is to present evidence concerning environmental damage, flooding, and related hydrological and stormwater problems that could be caused by the development. Although the Zoning Board of Appeals approved the project with extensive conditions, the lawsuit argues that insufficient data and analyses of groundwater conditions were available at the time.
Hill and several engineering and hydrological consultants are in the process of preparing the case and gathering such data. The ALT Board has agreed to underwrite some of the costs directly associated with these environmental studies. The analyses and reports will be available for the lawsuit and for the Conservation Commission and other Arlington officials to use in future planning for the Mugar property. Hill does not expect the court trial to begin until 2023 or 2024.
Coalition Seeks to Protect Wetlands
The Coalition to Save the Mugar Wetlands was established in response to the proposed development of the wetlands. The group is engaged in raising awareness about the proposed 40B Thorndike Place project and supporting the efforts of the abutters who have filed suit to prevent any development on the property.
The Coalition has launched a Go Fund Me page to help raise funds to support their legal efforts. On Saturday, October 15, 1-5 pm, the Coalition will sponsor a Yard Sale and Fair on Parker Street as a neighborhood celebration and fundraiser.
Arlington Land Trust continues to advocate for the permanent protection of the Mugar parcel as conservation land. The site is subject to regular and significant flooding, and is a critical stormwater buffer for the surrounding and downstream neighborhoods of East Arlington.
2021 Annual Meeting, February 21, 2022
February 2022 – News Brief
The Board of Directors of the Arlington Land Trust invite you to join us for the 2021 Annual Meeting via Zoom on Monday, February 21, 2022 at 7 pm.
This year we will hold a short meeting to remember our colleague Brian Rehrig, elect Board members, hear a brief Treasurer’s report, and provide updates on the 40B comprehensive permit process for Thorndike Place/Mugar property.
Please save the date and join the meeting using the link below.
All are welcome to attend the meeting. Anyone who has made a general membership payment and/or contributed to an ALT special fund during the past year is considered a member and is eligible to vote. If you have not done so already, please renew your membership or make a contribution here.
Thank you. We look forward to seeing you on February 21.
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Remembering Brian Rehrig
We are deeply saddened to report that Brian Rehrig passed away on January 21 after a long illness.
Celebrating Brian Rehrig on April 10
Brian was one of a small group who established the Land Trust in 1999 and he served as the treasurer and guiding light for more than 20 years. It is impossible to recount all the wisdom and expertise that he contributed to this organization, and to the promotion of land conservation and community service in Arlington and beyond.
We have lost a dear friend and advocate for open space preservation. Recently Brian focused tirelessly on efforts to protect the open space and wetlands on the Mugar property in East Arlington.
The Rehrig family has suggested that donations in Brian’s memory be made to the Arlington Land Trust Mugar Protection Fund. Those wishing to make a memorial donation will find the fund on the Join/Donate page.
Brian’s obituary and other information are posted at rehrigs.com.
Update on ZBA Decision and Appeals
January 2022 – Mugar Update
The Zoning Board of Appeals voted 5-0 at its November 22, 2021 meeting to approve the Comprehensive Permit for Thorndike Place with a host of conditions. Since then, several legal steps have been taken to appeal that decision. In this summary we seek to update Arlington Land Trust members and supporters about this complicated situation and provide links to the respective documents.
The ZBA’s final Decision was submitted to the Massachusetts Department of Housing and Community Development (DHCD) on December 1, 2021. Chapter 40B provides a 20-day appeal period, during which time lawsuits may be filed to challenge the ZBA’s decision. On December 21, 2021, two lawsuits were filed.
The first lawsuit, by three abutting neighbors of the Mugar site, was submitted to the Middlesex County Superior Court. It challenges the ZBA decision primarily due to the impacts on the environmentally sensitive, flood-prone condition of the property and concerns about more intense storms and other climate impacts on the neighborhood in the future. The neighbors also cite concerns about traffic safety and accessibility on the narrow local roadways.
The second lawsuit, by the developer of the Mugar site, Arlington Land Realty, LLC, was submitted to the Housing Appeals Committee. The developer objects to many of the conditions imposed by the ZBA decision and some of the requested waivers from local bylaws, rules and regulations. In a second part of its appeal, the developer seeks to have its filing fee reduced due to “special circumstances.”
According to the provisions of the Chapter 40B statute, the Housing Appeals Committee case must be resolved first, thus delaying the Superior Court’s consideration of the neighbors’ lawsuit. The timeframe for this process is not yet known. We will continue to provide updates as conditions allow.
In the meantime, the Land Trust is initiating hydrological studies to re-examine soil and groundwater conditions on the Mugar site during peak water levels in the spring. We believe that the developer’s projections were based on drought conditions and are thus incomplete and inaccurate. The new information will be made available to the Town and the Conservation Commission when it begins its own hearings on the Thorndike Place project, as required before any permits can be granted. This work will supplement the climate resiliency evaluation by Weston and Sampson that the Land Trust commissioned in December 2020. Some of that information regarding future projections of rainfall data was incorporated into the ZBA hearings and decision.
Arlington Land Trust continues to advocate for the permanent protection of the Mugar parcel as conservation land. The site is subject to regular and significant flooding, and is a critical stormwater buffer for the surrounding and downstream neighborhoods of East Arlington.