As you may know, Acton’s Select Board (Board of Selectmen) meetings are still being conducted, and the public is invited to participate remotely. A Piper Lane issue is the last item on the agenda for the next meeting this Tuesday, 3/24 at 7:00 PM.
The agenda is here - https://www.actonma.gov/ArchiveCenter/ViewFile/Item/13052 SANA has submitted a formal request for the town to engage an independent LSP (Licensed Site Professional) to evaluate the proposed project. The LSP is required to investigate the need for additional testing to determine the level of contaminants across the site (lead, arsenic, and others), the requirements under state law for the applicant to report the contamination, and the creation of a site management plan which would adequately protect residents and workers. This request will be discussed by the Select Board members and Town Manager. You can read the letter from SANA here - http://doc.acton-ma.gov/dsweb/Get/Document-71486/Letter%20to%20BOS%20re%20Arsenic%20and%20Lead%20on%204%20Piper%20Lane%20-%20Gene%20Beresin%203-12-20.pdf You can watch the meeting on ActonTV‘s cable or YouTube channel, and participate remotely if you choose, we believe via phone. Instructions to do so will be available on the town’s website Tuesday - www.actonma.gov. We hope you will join us on Tuesday! If anyone living on a well trafficked road would like to display a yard sign opposing the project, please send an email to [email protected].
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...the Piper Lane ZBA Hearing has been rescheduled for Tuesday, May 5th at 7:30 PM in Room 204 of Town Hall. There will be no hearing March 10th.
Although there are MANY other issues to discuss, such as contaminated soils, deficient sight lines, trees on adjacent properties being damaged and killed by construction activity, and a military bunker style entrance within the 10 foot required setbacks of neighboring properties (including town owned Conservation Land), a decision was made to wait until the Peer Review ordered by the Conservation Commission is complete. This Peer Review was ordered to analyze the claims made by the applicant on the impacts of the proposed stormwater management system to the wetlands and adjacent vernal pool. If you can attend the Conservation Commission Hearing, it is scheduled for April 15th. We'll post location and time when those are announced. Thank you all for your perseverance! Thank you to those who attended yesterday's Info Session at the library. For any who were unable to attend, the following is a summary of the points presented.
Join us at the upcoming ZBA Hearing on Tuesday, March 10th in Room 204 of Town Hall at 7:30 PM to oppose the Piper Lane Condominium proposal! The Acton Board of Appeals (ZBA) has the power to DENY this Comprehensive Permit. If the ZBA determines that the Local Concerns (760 CMR 56.07) outweigh the need for housing, this is considered grounds for denial of a 40B project. Local Concerns are defined by 760 CMR 56.07 (3)(c) through (g)
The town has advanced considerable expense and effort to purchase the Piper Lane parcel for at least 12 years - the Open Space Committee and Acton Conservation Trust met with the owners, Town Counsel, Planning and Natural Resources staff, the Board of Selectmen, and the Town Manager to develop a program whereby a reasonable offer could be put forth, and also paid for appraisals on 3 separate occasions to this end (2008, 2015, 2017). The land has been used by residents at least 50 years as de facto Conservation Land without objection from the owners. The hiking trail is marked on the Great Hill trail map, the trail is maintained by neighbors, many of them use it multiple times/day to walk dogs, and there is a mulch path and footbridge leading to the trail (which also crosses another private property). The parcel’s highest, best use is as Conservation Land. Great Hill represents a 40 year investment by the taxpayers, and is one of the most heavily used conservation areas in town, visited regularly by residents and people from many neighboring towns. The applicant has requested 12 waivers from Acton’s Zoning Laws as allowed under Chapter 40B. Some of these waivers might be viewed as inconsequential - waivers from sewer connection fees and building permit fees for the 7 affordable units, allowing multi-family buildings in an R2 district, etc. On the other hand, waivers requested from Acton’s Zoning Laws which fall under Local Concerns because they protect the safety and health of residents, the environment, and surroundings, including private property should NOT be granted. These include requests to -
Additionally, the applicant proposes to re-route Piper Lane, a private way to which all abutters, including the town, have rights and must approve alterations. No approvals are in hand, nor are they likely to be. The construction of the roadway, utility trench, stormwater management system, and buildings will require significant excavation which will result in damage or death of trees on adjacent properties (including town owned conservation land), changes to the water table, and increased risk of flooding to adjacent properties once land is clear cut. Several neighboring properties currently experience seasonal flooding of yards and basements. The plans show a decrease of forest from 96% of the site to 17%, and impervious surfaces would double from .09 acres to 1.78 acres. The soil has significant levels of lead and arsenic (most likely due to lead- arsenate pesticide application in the late 1800s and early 1900s when the site was an apple orchard), which can cause severe physical and mental development issues, cancer, and even death. The level of arsenic in one soil sample tested was at a level higher than any found in a search of former orchards around North America, save one from a superfund site in North Carolina. Fugitive dusts (which can carry these toxins) during construction will put residents, especially children, pets, and workers at risk. Excavating and moving 12,000 cubic yards of this contaminated soil could also result in the contamination of groundwater. We appreciate your continued support of the efforts to put a stop to this thoughtless proposal. We hope to see you AND your neighbors at the hearing next Tuesday, March 10th! |
South Acton NeighborhoodAssociationAdvocating for a balance of citizen needs, retention of Acton's historic and small town character, and thoughtful development. Archives
August 2020
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