Arlington Adopts Subdivision Controls
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NEWS VOLUME 8 NEWS NUMBER 1 FALL 2008 The Arlington Land Trust is a Arlington Adopts Subdivision Controls community-based nonprofit own Meeting in 2008 took a major step forward in shaping Arlington’s future develop- organization established in ment by enacting an updated—and groundbreaking—set of controls on small-scale 2000 to protect undeveloped Tresidential subdivisions. Replacing a nineteenth-century Board of Survey process that gave the Town essentially no land in Arlington. As a oversight of subdivisions of fewer than six units, this new law creates a fair and efficient review membership organization, system that levels the playing field between developers and the community. It gives the Town leverage to guide development that is appropriate to the land, addresses the concerns of neigh- ALT accepts donations and bors, and respects the size and scale of nearby dwellings. welcomes volunteers With the urging and support of Land Trust file a subdivision plan and lock in current to support its work. members, the Board of Selectmen brought zoning status for eight years—and then, to to Town Meeting an updated Board of Survey build something that in no way resembles process that is the first of its kind in the the original plan. Arlington Land Trust Board Commonwealth. The Board of Selectmen, with the assis- President Arlington has long operated under a two- tance of attorney Jay Wickersham, a former Clarissa Rowe tier subdivision control process: a good and Arlington resident and head of MEPA thorough review mechanism by the Planning (Massachusetts Environmental Protection Vice President/Clerk (Redevelopment) Board for subdivisions of Act), developed a creative rethinking of the Ann LeRoyer six units or more, and an arcane Board of Board of Survey law. It incorporates and Treasurer Survey process for smaller subdivisions. The builds upon the most valuable provisions Brian Rehrig latter process cast the Board of Selectmen as of Subdivision Control, in a form that is the presiding Board of Survey, and limited its simpler, more efficient, and in the end more Directors authority to review only the location, direction, powerful for the community. Nellie Aikenhead width, and grade of roadways. No review of The new law makes the Arlington Rede- Nora Frank utilities, stormwater and drainage, or broader velopment Board the reviewing body. The Chris Leich environmental impacts on the site or the com- ARB has far more experience and expertise Ben Reeve munity was possible, and there was no way to in development matters than the Selectmen, Ted Siegan require the developer to meet with neighbors and is already the board that reviews devel- Nathaniel Stevens about his plans. opment proposals of six units or more. The Arlington Land Trust News Subdivision Control, the provision of Chapter law provides for the promulgation of rules 41 of state law adopted by most municipalities, and regulations by the ARB that govern the Editor is a mechanism that attempts to provide such content of what must be submitted, the de- Ann LeRoyer oversight, but it does so in a broad-brush sign and construction of site improvements, Contributors manner better suited to managing 50-acre and the board’s procedures and review Nora Frank suburban developments than to the unique standards, including requirements for public Brian Rehrig challenges of a mature community such as hearings and input. Critically, it provides that Clarissa Rowe Arlington. It is cumbersome and expensive the scope of the ARB’s review emphasize David E. White both for town and developer, and it has major environmental impacts including stormwater flaws. One glaring example—and a reason storage requirements, the appropriateness often given in the past for not adopting Subdi- of the design to the land, and mitigation of vision Control in Arlington—is a grandfathering traffic impacts. provision that allows would-be developers to Continued on page 4. Arlington Land Trust, Inc. P.O. Box 492, Arlington, Massachusetts, 02476 Phone: 781-643-3156 Email: [email protected] Challenges Continue in the Alewife Area By Rep. Will Brownsberger or the past five years, Arlington, Belmont, and Cambridge officials and citizens have been work- ing together to identify and implement projects to control flooding in the Alewife area. Much of Fthe necessary work is being done under the direction of the state Department of Conservation and Recreation (DCR). The following notes summarize a September 25 meeting at the State House regarding the status of flood control and other projects in the Alewife area (with some more recent updates). Attendees included Arlington Selectman Clarissa Rowe, the current chairman of the tri-community working group; most of the Alewife and Mystic River region legislators; and key members of DCR’s management team. I am grateful to DCR Commissioner Rick Sullivan for his continuing attention to this wide range of concerns. Alewife Reservation Mystic Lakes Dam Blair Pond state agencies, the Executive Master Plan DCR is well along in designing DCR is currently doing depth Office of Energy and Environmental The plan is partially implement- the repair and reconstruction mapping to design their ap- Affairs and Division of Capital ed in the area of the Arthur D. of the Mystic Lakes Dam to ad- proach to dredging the pond to Asset Management. The DCR Little parking lot, but is waiting dress safety reasons due to the alleviate sedimentation prob- General Counsel is attending to for Cambridge CSO work in the dam’s weakened condition. The lems. It may or may not be pos- the movement of the documents area across Little River from renovations will also create a fish sible to move materials within through these approvals. the lot. The proposed Belmont ladder and allow active manage- the pond as opposed to trucking Uplands acquisition was vetoed ment of the upper lake for flood materials off-site. This decision Craddock Bridge by Governor Patrick, and without storage purposes. DCR hopes to will affect permitting issues and Reconstruction those funds DCR does not feel put out an ENF before the end of the timeline. No deadlines were Design for this project in Med- it has the financial ability to the year. One inevitable negative set, but the work appears to be ford Square is proceeding under acquire the property. Imple- impact of the reconstruction moving forward. the direction of Mass Highway. mentation of the master plan in will be the removal of trees Engineers from the tri-commu- the area toward Little Pond will on the dam. The trees are all McCrehan Pool nity group will be meeting with occur as a later phase. volunteers and their roots create It was agreed that DCR would Mass Highway engineers this fall Regarding the proposed bike- faults in the dam that diminish review the possibility of allocat- to confirm that the new design path segment in the Sunnyside its strength. It is expected that ing staff resources to participate will maximize channel width area of Arlington, DCR is plan- construction will start in Fall in a visioning conversation about and minimize the likelihood ning to organize more conversa- 2009 and take approximately the pool—to inventory short- of obstruction by debris. Many tions with town officials this fall two years. term needs as well as longer- believe that debris problems to resolve differences about the term possible goals. (November at this bridge (last removed in location of the bike path. (No- Dredging and Debris update: Pool neighbors met and 2003) raised the water level in vember update: A Conservation Removal in the Little River sent to DCR a list of short-term the larger flooding events of the Commission hearing was held and Alewife Brook suggestions.) preceding decade. in early November; discussions The ongoing concern about continue.) maintaining a free-flowing chan- Bikepath Right-of-Way Note: This article is adapted from nel in these waterways is well The transfers and easements to Rep. Brownsberger’s report Amelia Earhart Dam recognized by both DCR and create the right-of-way for the published in the Arlington DCR feels that the FY08 and community groups. Currently, Belmont to Alewife bikepath are Advocate and Belmont Citizen- FY09 budget earmarks to study DCR is testing the materials in all approved by the grantors. The Herald on October 9, 2008. For the dam suffice to move forward the channel bottom to identify actual documentation received more information, contact www. to address (a) the feasibility possible hazardous materials has to be approved by two other willbrownsberger.com. and cost of installing a fourth (including debris from the pump; and (b) the feasibility and homeless population) and to advisability of changing pumping define the process to be used Arlington Land Trust Annual Meeting protocols at the Amelia Earhart in clearance and/or dredging. Dam to control flooding. DCR DCR cannot order large crews of Monday, January 26, 2009 expects to announce an RFP in people to work in the channel, 7:00–9:00 pm late 2008. (November update: even for branch removal, before Robbins Library Community Room This funding was stricken by the assessing risks. They expect to 700 Massachusetts Avenue, Arlington, MA Governor’s 9C cuts; Commis- make findings this fall and to Guest speaker Rep. Will Brownsberger will address the topic “Making sioner Sullivan has not yet stated define a course of action from Land Conservation a Priority in the Alewife Area.” Refreshments will be whether he plans to go forward there. provided, and a short business meeting will follow his talk. with the project.) 2 Arlington Lake St. Rte. 16 Envisioning a Future for the Mugar Site Somerville After Governor Deval Patrick vetoed funds for the acquisition Route 2 Mugar Site of the Belmont Uplands and Sil- ver Maple Forest in Belmont and Cambridge last summer, legisla- Massachussetts Ave tors and local officials mobilized Alewife Brook to continue to look for ways to Cambridge save both the Uplands and the Mugar property on the Arlington side of Route 2.