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Conservation commission says proposed change to Cabot & Forbes plan requires new NOI
Summary
Developers requested to modify an approved two‑lot project to build only Building 1 and omit Building 2/garage; the commission determined the change was substantial and voted that a new Notice of Intent must be filed.
Representatives for Cabot & Forbes asked the Conservation Commission to amend an existing order of conditions so the developer could build only one of two previously approved buildings (216 New Boston Street / 225 Merrimack Street). The project team said the proposed change reduces impacts to resource areas — removing two box culvert crossings and eliminating the parking garage — and argued an amendment would let them obtain a construction loan and start phase 1.
Commissioners debated whether the change is a minor amendment or substantial enough to require a new Notice of Intent (NOI). Citing DEP guidance on amended orders and considering that the scope and purpose of the project would change (including the relocation of stormwater infrastructure and easements, and the loss of previously committed water‑quality treatments on the second parcel), the commission determined the modification was substantial and voted to require a new NOI for the altered scope. The motion passed with a majority vote.
Applicants said they would return with a new filing and preserve commitments such as daylighting an existing culvert segment, while several commissioners emphasized that any future redevelopment of the second parcel would need its own permitting and water‑quality treatment.
