Category: Mugar Site

On April 10, the Massachusetts Department of Environmental Protection (DEP) issued a Superseding Order of Conditions approving the Thorndike Place project, including approval of the stormwater and groundwater management systems proposed by the developer. ALT members may recall that the Arlington Conservation Commission’s split 2-2 vote in March 2025 led to the developer’s appeal to DEP. 

DEP’s Superseding Order of Conditions is very disappointing, especially considering that the extensive monitoring and testing data collected and documented by ALT and our consultants has shown that the developer’s proposed stormwater management system does not meet the DEP’s own regulations and standards, and is not in keeping with prior DEP policies for similar projects.

Due to the critical nature of these deficiencies, including the anticipated impact that improperly managed stormwater would have on the surrounding land, the ALT Board voted to appeal the DEP’s Superseding Order to the Office of Appeals and Dispute Resolution (OADR), which is the next level of administrative review for these types of decisions. Our attorneys filed the appeal to OADR on April 24, 2026, based on the grounds that DEP’s Superseding Order improperly permits a project that does not comply with the Massachusetts Stormwater Standards and the Massachusetts Stormwater Handbook, and that the project’s design is based upon unreliable groundwater data submitted by the developer. 

We appreciate your continued support of the Land Trust’s advocacy on this project, and we will provide further updates as more information becomes available.

The MA Department of Environmental Protection (DEP) issued a Superseding Order of Conditions dated April 10, received by the Arlington Land Trust on April 14, approving the Thorndike Place project and specifically the stormwater and groundwater management system as proposed by developer. ALT members may recall that the Arlington Conservation Commission’s 2-2 vote in March 2025 led to the developer appealing to DEP. 

DEP’s Superseding Order of Conditions is very disappointing considering that the extensive monitoring and testing data collected and documented by ALT and our consultants have shown that the developer’s proposed stormwater management system does not meet the DEP’s own stormwater management handbook or its past determinations on projects with similar monitoring data and stormwater management systems.

The ALT Board met on April 16 and is now considering whether to file an appeal with the DEP Office of Appeals and Dispute Resolution (OADR). We will provide further updates as more information is available.

Unfortunately, there is no update yet on the Mugar situation. Analysts at the state Department of Environmental Protection (DEP) Wetlands Program are still reviewing the extensive history of the proposed Thorndike Place project. As reported previously, the Land Trust has been directly involved in this process by hiring water resources consultants and legal counsel to monitor the current appeals case and provide their research findings to DEP and the Town.

The records of the Conservation Commission’s 2023-2025 wetlands protection hearings, including peer review and consultants’ reports, public comments, recordings of previous meetings, and the MassDEP appeal correspondence, are posted on the Commission’s Thorndike Place Wetlands Permit web page.

It’s been a while since we had any hard news to report, and we are still waiting. However, we do want to report on what has happened over the last several weeks.

In brief, the Conservation Commission held its final hearing on the Notice of Intent (NOI) for Thorndike Place under the Massachusetts Wetlands Protection Act (WPA) on March 6. Members reviewed and discussed the wetlands permit application and concluded with a 2-2 tie vote among the four eligible members, meaning the Commission recommended ‘No Action’ on the NOI.

On May 1, the Applicant (Arlington Land Realty LLC) filed an appeal of this vote with the Mass Department of Environmental Protection (DEP). Georgia Pendergast, the environmental analyst with DEP’s Wetlands Program, accepted the appeal in accordance with the provisions of the WPA and scheduled a site visit for May 28. This inspection of the site with the respective parties and discussion of pertinent issues in the appeal is done in preparation for DEP’s issuance of a Superseding Order of Conditions (SOC). 

The Land Trust continues to be directly involved in this ongoing review process through the hiring of water resources consultants and legal counsel to monitor the appeal case and provide additional information to DEP and the Town. Our representatives at the site visit were able to present much of their research that had been part of the Con Com hearing, along with additional data gathered since March. The Select Board has also chimed in with a strong letter expressing the members’ concerns about the environmental impacts of the Thorndike Place project. We now await DEP’s decision.

The full records of the Con Com’s NOI hearing, including peer review and consultants’ reports, public comments, recordings of previous meetings, and the recent MassDEP appeal correspondence, are posted on the Commission’s Thorndike Place Wetlands Permit web page.  

The Conservation Commission held its final hearing on the Notice of Intent (NOI) for Thorndike Place under the Massachusetts Wetlands Protection Act (WPA) on March 6. Members reviewed and discussed the wetlands permit application and concluded with a tie vote among the four eligible members, with two members approving the permit with conditions and two members denying the permit. The split vote means the Commission will take ‘No Action’ on the NOI.

To date, there has been no news about any response from the Applicant or the state Department of Environmental Protection, which has jurisdiction over this aspect of the project. The Land Trust continues to monitor the situation and will report on next steps as they are known. Thank you for your continued interest and support.