The last Zoning Board of Appeals hearing for the Thorndike Place project was held last December. The next hearing was to have been held last week but has been continued until June 9.
The developer, Arlington Land Realty, has recently provided the Town with additional plans and materials that were requested by the ZBA last December. Among them are a listing of the waivers sought of local regulations and fees under the 40B Comprehensive Permit application, and the results of a new survey of the wetland areas of the Mugar tract commissioned by the developer.
Various state and local regulations place limitations on construction within a 100 foot buffer zone of a wetland area. The Mugar survey shows that portions of the main building would lie within this buffer zone.
 |
| Modified to show surveyed Wetlands and Buffer Zones |
It should be noted that this survey does not agree with Arlington's own GIS survey of wetland areas. The town's database places one wetland area about 100' further north, squarely centered on the proposed east building. The buffer zone for this wetland area encompasses most of the building.
Mugar Survey of Wetland and 100' Buffer Zone
Town GIS Survey of Wetland area and Buffer Zone
Under 40B, the developer can seek a waiver from Arlington's wetland regulations but state restrictions must still be observed. A hearing before the Arlington Conservation Commission will be required. Their most recent record suggests a leniency towards wetland encroachment. Just a few months ago they approved a plan to tear down an existing house on Spy Pond, replacing it with two McMansions that encroach upon the buffer zone. They are not likely to be more stringent with a less visible wetland area with loosely defined boundaries.
It is also worthwhile taking a look at the floodplain boundaries. A large portion of the Mugar tract is within the FEMA AE flood zone.
 |
| Modified to show Floodplain |
Parts of both the East and West Buildings lie within the floodplain. The plans show that the first floors are set at about four feet above the grade but the large parking garage underneath is six feet below grade in this flood zone.
A similar situation exists with the duplex townhouses proposed for Dorothy St. Four of the twelve units are in this floodplain. Like the main buildings, the garages are located underneath, well below grade. But they also have basements with all of the utilities at this subterranean level.
Part of the Mugar tract is also a federal Regulated Floodway. It has special rules that strictly limit not only construction but any modification of the terrain. The Thorndike Place plans show extensive landscaping and creation of a walking path through this area.
Next hearing is scheduled June 9. Hopefully it will be safe by then to hold a real public meeting.
By Don Seltzer
