UPDATED, Nov. 18: Representatives of Oaktree, seeking to develop the Mugar site near Rt. 2, have appealed the September vote of the town’s Zoning Board of Appeals.
The action, based on the view of a consultant for the Cambridge developer that the town does not enough affordable housing, takes the case to the state Housing Appeals Committee, which has 30 days to decide the case.
A second hearing on the Mugar plan was to be held Tuesday, Nov. 15, but the appeal puts that on hold.
Asked to explain the basis of Oaktree’s appeal, company Vice President Gwen Noyes wrote Tuesday, Nov. 1: “As you know, the regulatory and zoning processes for evaluation of a chapter 40B project are pretty prescribed.
Claims town error
“Shortly after the initial public hearing [Sept. 27], the Board gave written notice that it sought to avail itself of a Safe Harbor under the regulations. There is a detailed process prescribed under 40B to work through the calculations.
“Based on data provided by the Town, Oaktree contracted with professional GIS consultants to calculate the Town’s various zoned land areas to determine if in their professional opinion, the qualified land area and percentage derived by their investigation, does in fact, comport with the Town’s calculations.
“As it turns out, our consultants’ independent calculations, checked and rechecked by them, have led our team to the conclusion that an error was made by the Town, and that the qualified land area is less than the 1.5.% required.”
In a follow-up, Noyes declined to name the consultant. “The GIS consultant’s name is likely in the public record at the DHCD [the state Department of Housing and Economic Development]; I respect their confidentiality in this situation,” she wrote.
Town Counsel Doug Heim did not respond to a request to identify the consultant or spell out the next steps in the case.
Selectmen voted Nov. 14 on a letter intended to help the zoning board have a sustainable case in court. It was written with substantial help from Jon Witten, the town’s special counsel on 40B matters. That section of state law refers to a 1969 statute aimed at expanding affordable housing but used increasingly in the last decade by developers seeking to skirt local laws.
Read the full text of that letter >>
Oaktree seeks a comprehensive permit to build a 219-unit 40B project on 17.17 acres along Route 2 in East Arlington.
Oct. 19, 2016: Looking ahead to court, selectmen lay out continued Mugar opposition
Sept. 28, 2016: First zoning hearing for Mugar project draws 100, raucous opposition
Sept. 3, 2016: Developer files application for Mugar site permit, citing affordable housing
Dec. 23, 2015: Zoning board readies one of its Mugar project defenses
Dec. 9, 2015: MassHousing approves Mugar 40B application
Nov. 24, 2015: Mugar developer submits document, and town awaits 40B decision
Aug. 19, 2015: Selectmen’s comments on Mugar project sent to MassHousing
July 15, 2015: Hearing on Mugar site application tough to schedule
June 9: Step toward 40B filed for Mugar sitetown seeks more time to respond
May 26, 2015: Speakers at Hardy send a clear message about Mugar site: NO
April 5, 2015: Coalition responds point by point to Mugar developer’s statements
March 31, 2015: Coalition seeks to preserve Mugar site from development
Coalition to Save Mugar Wetlands: WordPress | Facebook
March 8, 2015: Belmont Uplands permit issued; opponents vow to continue
This news summary, including information by YourArlington freelance writer Susan Gilbert, was published Wednesday, Nov. 2, 2016, and updated Nov. 18.
