Mugar Site

November 2023 – Mugar Update

Since the Land Trust’s previous e-newsletter in September, the Conservation Commission has begun its public hearing on the proposed Thorndike Place 40B development project in East Arlington. The Land Trust continues to support efforts to gather accurate and comprehensive information about the complex environmental challenges on the site. 

Con Com Hearing on Thorndike Place

The next Conservation Commission meeting on Thursday, November 16, will include a continuation of the public hearing on the proposed Thorndike Place housing project on the Mugar land. The meeting begins at 7 pm via Zoom, but the Thorndike Place hearing is set to begin around 8:30 pm. It will provide an update on the peer review process, as described below. 

Click here to review the agenda and register in advance for this meeting,

Click here for additional information, visit the Con Com web page on Thorndike Place. 

In September the Con Com received a Notice of Intent (NOI) from Arlington Land Realty, LLC, the owner/developer of the site, under the Massachusetts Wetland Protection Act (WPA). The NOI proposes work within the FEMA 100-Year Floodplain / Bordering Land Subject to Flooding (BLSF), as well as within the Buffer Zone to Bordering Vegetated Wetlands (BVW). Mitigation measures are proposed to compensate for the impacts to these resources.

The public hearing on the NOI began on September 21 and has been continued while the Con Com solicits peer review consultants to supplement their own analysis of two specific portions of the NOI. The first is a review of the Stormwater Report and Management Plan associated with the Thorndike Place development to determine whether it complies with the Massachusetts Stormwater Standards. The second is a review of the Thorndike Place Planting Plan for compliance with the performance standards for restoration work in designated zones and whether the plan will enhance wildlife habitat conditions.

In the meantime, the Land Trust has retained Scott Horsley, a hydrologist with more than 30 years of experience in evaluating water resources projects, to review the NOI and other documents relating to stormwater management. He has submitted his findings to the Con Com, and his report will be posted on the Thorndike Place web page along with other related materials. The NOI hearings will be continued at future Con Com meetings when the peer review process is completed.

We will continue to provide updates about these important hearings that are part of the long-running 40B development proposal for the Mugar land. Thank you for your interest and support.

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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.

September 2023 –Mugar Update

Select Board Update, Monday, September 11
The Select Board will discuss the Thorndike Place proposal for the Mugar property in East Arlington at its regular meeting on Monday, September 11, beginning at 7:15 pm. Board member Steve DeCourcey and Town Counsel Doug Heim will provide an update on the project. The meeting will be conducted in a hybrid format, with both remote and in-person participation options, in the Select Board Chambers at Town Hall. See the Select Board agenda for details.

The Coalition to Save the Mugar Wetlands announced in late July that the abutters’ appeal had been discontinued. The main direction for the appeal against the proposed Thorndike Place was focused on the environmental impact of the project. The Arlington Land Trust had agreed to help fund the work of independent experts and engineers to conduct hydrology testing to determine accurate ground water levels. Unfortunately, the legal motion filed to gain access to the site in order to conduct the necessary testing was denied. Therefore, given the anticipated expense to continue with the lawsuit, and the reduced odds of success, the Coalition and abutters decided not to continue with the appeal.

The Coalition will continue its efforts to educate the community on the process and, in its endeavors to prevent advancement of the project, reserves the right to challenge the development in other forums. The Coalition still needs help to support the legal fund. Go to the Go Fund Me page for details.

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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.

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.