Category: Mugar Site

  • February 2020 Article by Mugar Site Developer

    Mugar site developer urges plan that works for all

    Gwendolen G. Noyes

    Wednesday, 26 February 2020

    Published by Your Arlington

    The following opinion was written by Gwendolen G. Noyes, founder and senior vice president of marketing for Oaktree Development, the company that seeks to build Thorndike Place on the Mugar site near Route 2 in East Arlington. Comments may be sent to Kimberly Conant, director of marketing at GreenStaxx, at kconant at greenstaxx.com.

    Despite the Massachusetts Housing Court’s decision in favor of ‘Thorndike Place’ development under the Mass 40B ‘safe-harbor’ legislation, it was clear from the Zoning Board of Appeals hearing held Nov. 2, 2019, that public opposition to the proposed development of the 17-acre property in East Arlington has not diminished.

    The 1.5-percent question was resolved by the court in favor of the property’s development. Pending the ongoing review process, Oaktree remains optimistic that a solution beneficial to the town and the property’s neighbors can be reached. Arlington’s deficit of affordable-housing units could be reduced by as many as 54 units!

    Conservation land, housing

    Oaktree has sought a respectful dialogue from the beginning with Arlington residents, one that could include the cooperative involvement of town boards and committees. With that, a positive outcome could be achieved through an environmentally responsible development of the property:

    1. a contribution of much-needed publicly accessible conservation land in Arlington along with the preservation of the wetlands, and
    2. the creation of much-needed housing that will be affordable to middle-income wage earners and retirees. This housing is so clearly needed to ensure that Arlington continues to thrive as a town. (Arlington Housing Production Plan, 2016).

    We agree with the town’s citizens that the preservation of wetlands is paramount. Under the proposed plan, 11 acres of wetlands would be deeded to the town and preserved in perpetuity — at zero cost. If the plan is approved, the wetland area would not only be preserved, its full potential as an environmental resource could be realized.

    This could be conservation land with restored woodlands and tended paths running though it, and it could provide access to the Route 2 overpass and Cambridge Park/Alewife Office Park. In its current state, the property is tangled with invasive species, is inaccessible for recreation and strewn with trash and illegal dumping. It is a scary, even dangerous campground for the homeless. A cooperative effort between the town and developer should be launched and could vastly transform the area.

    Flooding concern

    In addition to the wetlands issue, there is the understandable concern raised by East Arlington residents that development of the property may worsen flooding in the neighborhood, currently a significant problem for the area. Our exceptionally qualified BSC civil engineer assures us that by paying strict attention to hydrological issues in accordance with the mandated U.S. FEMA Rules and Regulations regarding storm-water management regulations, whatever is to be built will cause no worsening of basement flooding conditions for those homes.

    Compensatory storm-water storage measures, if needed, would be a part of a competently planned and designed site that will undergo extensive reviews by Arlington’s boards and peer reviewers. Development of the area will also bring attention to the state Department of Transportation’s role in needed maintenance of drainage systems relating to Route 2.

    Oaktree Development has made sustainability a cornerstone of development during its 40-year history. We have worked on a number of environmentally challenging projects, including the completed Brookside Square in West Concord. Oaktree developed the mixed-use project (74 apartments and 36,000 square feet of commercial space) on a site with a brook that is subject to flooding.

    Upon completion, Stephanie Cooper, the state Department of Environmental Protection chief of staff (and former assistant secretary to the state Office of Land & Forest Conservation), lauded the project as “a great example for other suburban and rural communities of how we can build much-needed housing for the 21st century in a way that benefits both economic development and the environment.”

    219 units of housing

    Besides gaining a tended conservation amenity, the other significant benefit to Arlington that the project would bring is creating 219 units of transit-oriented housing – with 25 percent of those units being affordable to middle-income households. Middle-income is defined as households earning 80 percent of the average median income (Arlington is $65,750 for a three-person household), meaning that teachers, firefighters and office workers would be able to live and work here.

    According to the town’s own 2016 Housing Production Plan, Arlington needs to add several hundred additional units of housing by 2020 – this year! – to meet “the needs of an aging population, the town’s significant number of family households, smaller households and households earning a range of incomes.” [As noted by the state, there is still a significant deficit of registered affordable-housing units in Arlington. By 2020, according to the plan, demographic changes and projections suggest an additional 300-plus affordable units will be needed to meet demand.

    As builders, we believe that housing is the only appropriate use for the developable portion of the site, something the town has previously considered. In 2009 and 2010, the town approached the owners with a plan that included housing on the site, and applied for a wetlands protection grant that would award funding for conservation of approximately 11 acres of the Mugar’s open space – with the town contributing $2.5 million toward the wetland purchase.

    The town worked cooperatively with the Mugars to generate a plan that included construction of townhouses and apartments on the property. The award of wetland protection funding to Arlington did not come through, however, so the project was abandoned. Again, as stated, in the current proposal, the land not built upon – both wetland and upland – would be deeded to the town as conservation land, at no cost.

    Earlier traffic study

    An earlier-commissioned traffic study has determined that the proposed project “adds a barely perceptible increase to an already admittedly bad traffic condition”; there is an updating of the current and projected traffic situation that will be completed after the site-plan review.

    In sum, there are a myriad of benefits that will be realized if the town and developers are willing to work cooperatively to create a true win-win for all concerned. And while many of the concerns of the people of Arlington are understandable, in the balance, those concerns will be mitigated, a publicly available conservation amenity will be created, and significant housing benefits will be realized.

    We encourage anyone in Arlington to follow the project to receive updates and participate in constructive dialogue: Thorndike Place.

  • January 2020 Update on Mugar Development Hearings

    January 2020 Update on Mugar Development Hearings

    At its December 10, 2019 meeting, the Zoning Board of Appeals heard from representatives of Arlington Land Realty, the developer of the proposed 40B housing project to be located on the Mugar land in East Arlington, and from several abutters and other members of the public. Many questions were raised by ZBA members and residents, with no resolution. The case was continued until April 14, 2020.

    For more information, see the ZBA draft minutes of December 10 meeting.

    Next Steps in the 40B Process   

    A developer acting under Chapter 40B submits a single application to the Zoning Board of Appeals (ZBA) for a “comprehensive permit,” so-called because all permitting procedures are consolidated under the ZBA. The zoning board notifies applicable local boards such as the Planning Board, the Board of Health, and the Conservation Commission and requests their recommendations. 

    Within thirty days of the receipt of the application (expected in April) the zoning board begins a public hearing, which lasts up to six months. The ZBA must issue a decision within forty days after ending the public hearing.

    At the conclusion of the public hearing process the ZBA may approve the application as submitted, it can approve the project with conditions or changes, or it can deny the application altogether.

    Zoning boards and other town officials often work with developers to modify the project. The board may include conditions and requirements on any aspect of the project, such as height, density, site plan, utility improvements, or long-term affordability. If the ZBA denies the application or imposes conditions which render the project “uneconomic,” the developer may appeal the decision to the state Housing Appeals Committee. HAC is generally disposed to favor developers, but may uphold the ZBA decision if it finds that “local concerns,” including health and safety matters and open space needs, outweigh the regional need for affordable housing. 

    The comprehensive permit process offers two advantages to the developer: a streamlined and expedited path to permitting the project; and the ability to ask the ZBA to apply less stringent standards than those required by local bylaws, as long as they meet the state’s minimum requirements. A developer may ask for a waiver of any local regulation that it claims renders the project “uneconomic.” For example, Oaktree has already given notice that it may request:

    • Waiver to forego full compliance with the Arlington Wetlands Bylaw 
    • Waiver from prohibition of a new habitable structure in an Inland Wetlands District
    • Waiver to allow less than 2:1 compensatory flood storage

    Our Conservation Commission will review the project under the state’s Wetlands Protection Act, which cannot be waived, but Arlington like many communities has wisely adopted more stringent requirements to protect its natural resources. ALT will urge that these reasonable and prudent local environmental standards be upheld.

  • December 2019: Mugar Development Hearing Begins

    December 2019: Mugar Development Hearing Begins

    Zoning Board of Appeals
    Tuesday December 10th at 7:45pm
    Lyons Hearing Room, Town Hall Second Floor

    Oaktree Development will appear before the Zoning Board of Appeals to begin the public hearing process on its proposal to build a 291-unit housing project in East Arlington. The meeting is scheduled for 7:45pm.

    An overview of the 40B permitting process is below. More background on the proposed project is available on the ALT website and from the Coalition to Save the Mugar Wetlands, which will hold a public discussion at 7:30 pm Tuesday on the steps of Town Hall prior to the Board of Appeals hearing.

    Next Steps in the 40B Process

    A developer acting under Chapter 40B submits a single application to the Zoning Board of Appeals (ZBA) for a “comprehensive permit,” so-called because all permitting procedures are consolidated under the ZBA. The zoning board notifies applicable local boards such as the Planning Board, the Board of Health, and the Conservation Commission and requests their recommendations.

    Within thirty days of the receipt of the application, the zoning board begins a public hearing, which lasts up to six months. The ZBA must issue a decision within forty days after ending the public hearing. That timeline for the proposal by Oaktree Development was paused by various state-level administrative proceedings from the time of its original submission in 2015 until the hearing resumes on December 10, 2019.

    At the conclusion of the public hearing process the ZBA may approve the application as submitted, it can approve the project with conditions or changes, or it can deny the application altogether.

    Zoning boards and other town officials often work with developers to modify the project. The board may include conditions and requirements on any aspect of the project, such as height, density, site plan, utility improvements, or long-term affordability. If the ZBA denies the application or imposes conditions which render the project “uneconomic,” the developer may appeal the decision to the state Housing Appeals Committee. HAC is generally disposed to favor developers, but may uphold the ZBA decision if it finds that “local concerns,” including health and safety matters and open space needs, outweigh the regional need for affordable housing.

    The comprehensive permit process offers two advantages to the developer: a streamlined and expedited path to permitting the project; and the ability to ask the ZBA to apply less stringent standards than those required by local bylaws, as long as they meet the state’s minimum requirements. A developer may ask for a waiver of any local regulation that it claims renders the project “uneconomic.” For example, Oaktree has already given notice that it may request:
    Waiver to forego full compliance with the Arlington Wetlands Bylaw
    Waiver from prohibition of a new habitable structure in an Inland Wetlands District
    Waiver to allow less than 2:1 compensatory flood storage
    Our Conservation Commission will review the project under the state’s Wetlands Protection Act, which cannot be waived, but Arlington like many communities has wisely adopted more stringent requirements to protect its natural resources. ALT will urge that these reasonable and prudent local environmental standards be upheld.

  • October 2019 Update on the Mugar Parcel

    October 2019 Update on the Mugar Parcel

    State agency rules against Arlington on 40B “Safe Harbor”

    Mugar hearing resumption postponed at developer’s request

    The state’s Housing Appeals Committee (HAC), in a decision that is disappointing but not surprising given HAC’s longstanding bias against local control, ruled this week that Arlington has not achieved a target that would have strengthened the Town’s hand in controlling 40B development.

    In 2015 Arlington’s Zoning Board of Appeals (ZBA), after extensive research, asserted that the Town has met one of the “safe harbor” thresholds available under Chapter 40B: that of having 1.5% of eligible land area devoted to affordable housing. If achieved, that status gives the Town more control and limits the developer’s ability to override local zoning and wetlands protections.

    Oaktree, the would-be developer, disputed the Town’s findings. The Town’s experts presented a detailed analysis of highly technical land use data to support its position and demonstrate that it is properly applying state regulations. Oaktree relied on ambiguities in the rules to argue against the Town’s position.

    The ZBA strenuously argued against HAC’s finding in extensive comments.

    Read the full ZBA document.

    Read the HAC findings.

    The decision cannot immediately be appealed to a court of law by the Town. If the developer chooses to go forward with the project, the full Zoning Board-led hearing process would have to continue to a conclusion (either an approval, a rejection, or an approval with conditions). At that time, the Town could bring a court challenge on the 1.5% calculation.

    The ZBA announced last week that it would reconvene its hearing on the application on October 29th but the matter has now been postponed at the developer’s request.  Our understanding is that they have asked to resume the hearing process in December. We’ll share more news as it becomes available.

    Arlington Land Trust continues to advocate for the permanent protection of the Mugar parcel as conservation land. The site lies almost entirely in the 100-year flood plain, is subject to regular and significant flooding, and is a critical stormwater buffer for the surrounding and downstream neighborhoods of East Arlington.

  • December 2018 Mugar Update

    December 2018 Mugar Update

    December 2018 Update

    Hearing held and decision awaited on 40B dispute

    Does affordable housing occupy at least 1.5% of the land area in Arlington? That seemingly arcane question was debated in November at a long-delayed hearing before the state’s Housing Appeals Committee (HAC), whose decision will shape the next steps in the proposal to develop East Arlington’s Mugar Parcel. 

    The issue has been in contention for three years; see the December 2017 update for background.

    At the hearing the Town’s experts presented a detailed analysis of highly technical land use data to support its position and demonstrate that it is properly applying state regulations.  Oaktree relied on ambiguities in the rules to argue against the Town’s position.

    A decision in the Town’s favor would empower it to enforce all local zoning and wetlands protection laws despite the developer’s invoking of state Chapter 40B. 

    HAC is expected to take several months to rule.  Its decision, whenever it comes,cannot immediately be appealed to a court of law by either party.  The full Zoning Board-led hearing process on the project itself would have to continue to a conclusion (either an approval,a rejection, or an approval with conditions). At that time, whichever party continued to dispute the 1.5% calculation could raise it as an issue in a court challenge.

    Arlington Land Trust continues to advocate for the permanent protection of the Mugar parcel as conservation land.  The site lies almost entirely in the 100-year flood plain, is subject to regular and significant flooding, and is a critical stormwater buffer for the surrounding and downstream neighborhoods of East Arlington. 

    December 2017 Update

    Mugar project stalled on procedural lawsuit

    Proposed development of East Arlington’sMugar Parcel is now the subject of a procedural lawsuit between the Town ofArlington and the Commonwealth of Massachusetts.

    The Town has sued the state over thewithholding of information by a state agency – information that is needed to confirmthe Town’s claim that it has the right to enforce its bylaws, even in the faceof a Chapter 40B housing proposal.

    In December 2015 Arlington’s Zoning Board of appeals (ZBA) asserted that the Town has met one of the “safe harbor” thresholds available under Chapter 40B, that of having 1.5% of eligible land area devoted to affordable housing.  If achieved, that status gives the Town more control over 40B projects and limits the developer’s ability to override local zoning and wetlands protections.  

    Oaktree, the would-be developer, disputed the Town’s findings, and in a November 2016 decision the state Department of Housing and Community Development (DHCD) agreed with Oaktree.  In early 2017 the Town appealed that decision to the next level, the Housing Appeals Committee (HAC).

    The current dispute involves defining “Land area devoted to affordable housing”, which includes the area of 40B-eligible housing inventory under the jurisdiction of the state Department of Mental Health (DMH) such as group homes.  In a classic Catch-22, however, the state agency that maintains the data has refused to release it citing privacy concerns.  Arlington included an estimate in its calculations, but only with the real numbers can it be certain.  The Town has sued to obtain the data, relying largely on a recent court decision resolving a similar impasse between the City of Waltham and the state, in Waltham’s favor.

    A court decision on this point may take months, at which point the HAC hearing on the 1.5% claim resumes.  A HAC decision, whenever it comes, cannot immediately be appealed to a court of law by either party.  The full Zoning Board-led hearing process on the project itself would have to continue to a conclusion (either an approval, a rejection, or an approval with conditions).  At that time, whichever party continued to dispute the 1.5% calculation could raise it as an issue in a court challenge.

    Arlington Land Trust continues to advocate for the permanent protection of the Mugar parcel as conservation land.  The site lies almost entirely in the 100-year flood plain, is subject to regular and significant flooding, and is a critical stormwater buffer for the surroundingand downstream neighborhoods of East Arlington. 

    219-Unit Development Proposed for Mugar Site

    Project would be Chapter 40B residential

    Oaktree Development of Cambridge has informed the Town of Arlington that it intends to propose a 219-unit development on the Mugar site.

    The Town Manager reported to the Selectmen in late March that Oaktree informally presented to Town Staff a development consisting of 12 townhomes along Dorothy Road fronting a 207-unit apartment complex with parking for over 300 cars.

    Vehicle access to the site appears to be from the intersection of Littlejohn Street and Dorothy Road, and from the intersection of Edith and Burch Streets, but the developers alluded to an effort to obtain a new curb cut on Route 2 from MassHighway.

    The project would be proposed under the state Chapter 40B law which allow streamlined permitting if a project contains a certain percentage of affordable housing.

    Arlington Land Trust continues to advocate for the permanent protection of the Mugar parcel as conservation land.  The site lies almost entirely in the 100-year flood plain, is subject to regular and significant flooding, and is a critical stormwater buffer for the surrounding and downstream neighborhoods of East Arlington. 

    Coalition to Preserve the Mugar Wetlands is forming.  For more information visit the Coalition’s facebook page.