At a meeting on March 24th, the Board of Selectmen discussed SANA's request to hire and independent Licensed Site Professional (LSP) to review the soil report provided by Enstrat to the applicant which showed elevated levels of both lead and arsenic on the project site. Although they decided against this action on the advice given by Town Counsel, they will be sending a letter to the Board of Appeals, asking that body to require an independent LSP to review Enstrat's report and determine a soil management plan that would adequately safeguard the health of current and future residents as well as the wildlife and groundwater located on and adjacent to the site.
You may recall that Acton's Conservation Commission ordered a Peer Review of the applicant's plans to determine the likely impact to the onsite wetlands, adjacent vernal pool, wildlife, groundwater, and neighboring properties. It was completed and submitted last week, and is now available to view online here - http://doc.acton-ma.gov/dsweb/Get/Document-71823/ActonPiperLane_BSC_PeerReviewLtr__Summary.pdf This report is extremely thorough, and substantiates many of the points we and many of you have brought to the attention of town officials. The report sets up a seemingly impossible task for the applicant to prove that the project will not have tremendous negative environmental impacts.
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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]. ...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! The South Acton Neighborhood Association (SANA) is hosting an Information Session on Sunday, March 1st, 3:00-4:30 PM in the Acton Memorial Library Meeting Room.
SANA aims to update concerned residents on the Piper Lane Comprehensive Permit proposal which was submitted to the Acton Board of Appeals (ZBA) last year. There have been changes to the proposed roadway and stormwater management system submitted by the applicant since the last ZBA Hearing on 9/17/19. There have also been additional submissions by peer reviewers, health experts, and town staff. We will also address some inaccuracies we’ve seen circulating on social media. It is critical that the community has accurate information and a clear understanding of the key issues so that we can work together effectively to defeat this project. We hope to see you there! Due to the Primaries election scheduled on March 3rd, the next ZBA Hearing has been rescheduled for March 10th at 7:30 PM in Room 204 of Town Hall. We expect to see you there!
At the request of the applicant, the next Zoning Board of Appeals (ZBA) Hearing has been rescheduled for Tuesday, March 3 at 7:30 PM in Room 204 at Town Hall. We invite you to attend! Please invite your friends and neighbors!
The town's opposition to this project has not waned in the least. If anything, it has only grown stronger as new information has come to light. That being said, it is important to remember that the opposition must continue to be demonstrated by filling the seats at these public hearings. The Conservation Commission has required a peer review of the proposed stormwater management system's potential impact on the site's wetlands and nearby vernal pool. The Board of Health is investigating the dangers of the plan to remove a significant amount of soil contaminated with lead and arsenic from the site. The ZBA is examining the applicant's dubious claim that the proposed intersection at the project's entrance/exit is safe for driver's, cyclists and pedestrians. Please add your voice to oppose this reckless proposal which flaunts common sense protections of human and environmental health and safety. There have been a few recent developments in connection to the Piper Lane project currently before the Board of Appeals and Conservation Commission that you'll want to learn more about.
The Acton Health Department requested that the applicant conduct a soil analysis of the property because the site was farmed as an apple orchard during the late 1800s and early 1900s. In the past, farmers applied a lead arsenate pesticide to trees, usually mixed on site. Consequently, land previously farmed with apple trees is now contaminated with lead and arsenic. The results of the applicant's soil analysis can be found here - doc.acton-ma.gov/dsweb/Get/Document-69536/Enstrat%20LSE%20Report%209_24_2019.pdf All ten of the samples tested confirmed the presence of arsenic and lead. SANA conducted soil analysis on adjacent land to determine background levels of these toxins, and our results (from 4 samples) indicate that the levels of arsenic are between 2-36 times higher, and the levels of lead are between 2-40 times higher, on the Piper Lane parcel than the background levels on land which was not farmed. Furthermore, the applicant was asked to provide diagrams for sight distances looking east from the proposed roadway in addition to those already provided for sight distances looking west. Both the applicant's engineer and attorney confirmed at the most recent ZBA Hearing on 9/17/19 that "on the ground" surveying had already been completed, and this information could be readily provided. However, on 9/24/19, the applicant's survey crew was back out on School Street conducting a survey. The new diagrams provided, based on this newly submitted survey, show calculations of sight distances using an inaccurate property boundary. You can read the letter submitted by SANA's attorney here - doc.acton-ma.gov/dsweb/Get/Document-69645/ltr%20to%20ZBA%2010-15-19.pdf The proposed roadway requires the excavation of a trench to be bordered by 200 feet of retaining wall between 11-14 feet high. This excavation and resulting structure puts neighboring properties, including Town Conservation Land, at risk for damage and destruction. The Open Space Committee has requested an assessment of this potential negative impact, "At a minimum this should include an inventory of the trees abutting the excavations, an assessment of the impact of the roadway excavations on those trees, and an assessment of the impact of the roadway and adjacent utility trench excavations on the seasonal high groundwater levels in the immediately adjacent Gaebel property. Given the applicant’s apparent disregard of the above issues during the design of the roadway, the Committee would strongly suggest that the above assessments be conducted by an independent party." Read the letter from the Open Space Committee here - doc.acton-ma.gov/dsweb/Get/Document-69670/OSC%20Comments%20-%20Piper%20Lane%20Comp%20Permit%20road%20cuts_10-16-19.pdf Finally, the Conservation Commission is seeking a review by a third party consultant to assess the claims made by the applicant regarding the efficacy and impact of the proposed stormwater management system on the adjacent wetlands, vernal pool, and groundwater levels and quality. The proposed project requires the clear cutting of more than 5 acres of trees on a 6.5 acre site. The impervious surface of the property will increase from the current 1% to 26%, and the amount of water being discharged into the existing natural wetlands on the site is expected to double. Please attend the upcoming hearings if you are able! This project poses unnecessary risks to the health and safety of current and future residents and our town's natural resources! The next ZBA Hearing is scheduled for December 9th at 7:30 PM in Room 204 of Town Hall. Upcoming Hearings Scheduled -Wednesday 10/16, 7:40 PM and Tuesday, 11/5, 7:30 PM, Town Hall10/8/2019 Please mark your calendars!
The hearings on the Piper Lane Condominium project have been continued, and you are encouraged to attend! Typically, a Comprehensive Permit Hearing continues monthly for 4-6 months. There are still many significant issues to present to the commissioners and board members for deliberation. Your support and attendance is critical! We appreciate those who have come out to the hearings, written emails, and spoken at the mic. The next Conservation Commission Hearing will be held on Wednesday, October 16th at 7:40 PM in Room 204 of Town Hall. The applicant is proposing a constructed wetland to manage stormwater on the site which would discharge directly into the natural wetlands located in the northwestern portion and also the adjacent vernal pool. The amount of water added to this area is projected to double as a result of the dramatic increase in impervious surfaces such as roofs, roadways, sidewalks and driveways. Not only are these and other natural resources at risk, but also neighboring properties downgrade of the site which already have serious basement and yard flooding. The next Zoning Board of Appeals Hearing will be held on Tuesday, November 5th at 7:30 PM in Room 204 of Town Hall. The applicant is proposing 200 feet of retaining wall (14.5 and 11 feet high) lining a deep canyon to construct the proposed 1050 foot roadway, infringing on abutters' property rights, including the town's. Not only would this roadway pose an unnecessary risk to life safety with less than desirable sight lines and a single egress, limiting emergency vehicle access and maneuverability, it also would severely degrade the contiguous South Acton Historic District and Conservation Land. |
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August 2020
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