February 2023 — Mugar Update
[Read more…] about Legal Proceedings ProlongedMugar Site
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.
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.
More ZBA Deliberations on Nov 16, 18, 22
November 2021 – Mugar Update #3
The Zoning Board of Appeals will continue its deliberations on the Comprehensive Permit for Thorndike Place on Tuesday, November 16, at 7:30 pm. Additional meetings are also scheduled for Thursday, November 18, at 7:30 pmand Monday, November 22, at 8:00 pm, if needed.
The most recent revised draft decision, dated November 11, 2021, reflects changes made at that session. Among other things, a condition has been added to the draft stating that a conservation restriction (CR) on the 12 conservation acres must be in place prior to project completion and occupancy. However, there is no express requirement that the conservation parcel be transferred to the Town or an organization approved by the Town, which ALT believes is the only viable approach.
The upcoming ZBA deliberation meetings are open to the public for viewing only; neither the Applicant, Town officials, nor residents may participate in these webinar sessions.
Register in advance for the 11/16/21 meeting
Register in advance for the 11/18/21 meeting
Register in advance for the 11/22/21 meeting
You will receive a separate confirmation email with information about joining each meeting.
The ZBA has been posting its latest revised draft decision after each meeting, so check the ZBA Agenda page for updated documents.
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.
Concerns Re ZBA Conditions; Nov. 11
November 2021 – Mugar Update #2
The Zoning Board of Appeals deliberations on the Comprehensive Permit for Thorndike Place will continue on Thursday November 11, at 7:30 pm. The most recent revised draft decision is dated November 3, 2021, and reflects changes made at that session.
The Land Trust is very concerned that the current draft has no condition that requires the permanent preservation of the conservation land. A memo sent to the ZBA and the Select Board from ALT president Chris Leich states:
To the Arlington Select Board and Zoning Board of Appeals:
I’m writing to draw your immediate attention to the fact that the most recent draft of the ZBA’s proposed decision on the Thorndike Place project has deleted a crucial condition: the requirement to permanently preserve the promised conservation land.
Prior drafts required that the disposition of the 12-acre “conservation parcel” be determined in a memorandum of understanding between the Town and the developer. Without this condition we have no assurance that the parcel will in fact be permanently protected as conservation land. The current draft includes merely a “finding” that the developer has “offered” to place a conservation restriction on the conservation parcel, but there is no requirement whatsoever that the developer actually go through with this plan.
As prior public discussions and drafts of the ZBA’s decision have consistently reflected, it is absolutely fundamental to this project that the conservation parcel be permanently protected through ownership by the Town or a conservation organization agreed on by the Town and the developer.
A failure at this late stage to include an express condition to this effect would represent a shocking abdication of the ZBA’s responsibility. We urge the ZBA to reinstate the appropriate condition immediately.
Sincerely,
Christopher M. Leich
President, Arlington Land Trust, Inc.
| Register in advance for the ZBA Zoom webinar. You will receive a confirmation email with information about joining the meeting. |
Note that these deliberation meetings are open to the public for viewing only; neither the Applicant, Town officials, nor residents may participate in these sessions. The ZBA now expects to render its decision on or before November 30, and there may be other meetings in the interim.
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.