Assabet River Bluff, Concord

Assabet River Bluff consists of two parcels, 2B Upland Road and 406 Old Marlborough Road. 406 Old Marlborough includes an existing, two-family home. 

• A survey of the property in 2022 confirmed that the two parcels total 7 acres, with 1 acre utilized for affordable housing and 6 acres protected in perpetuity as open space.
• 2B Upland has extensive frontage on the Assabet River, which is subject to the State Rivers Protection Act. The first 100’ of setback from the River is protected from development. The second 100’ was susceptible to some development before the conservation restriction was put in place: up to 5,000 sf or 10% of the parcel’s buildable acreage within the 200-foot Riverfront Area, whichever is greater. Rough calculations indicate that approximately 130,000 SF (3 acres) of Riverfront Area is present onsite, meaning that about 13,000 SF (0.3 acres) of the outer Riverfront Area would have been developable had it not been protected with a conservation restriction.
• An intermittent stream follows the south property line of 2B Upland. In accordance with the Natural Resources Commission (NRC)’s “No Build Policy”, no development may take place in the first 50’ setback from the stream. Limited development may take place in the second 50’ (in the absence of the conservation restriction), pending NRC approval under the state Wetlands Protection Act and Concord Wetlands Bylaw.
• The property is designated BioMap Core Habitat and Critical Natural Landscape for Aquatic Core habitat areas in the State Natural Heritage and Endangered Species program (NHESP). This does not provide additional protections beyond the protections offered by the Wetlands Protection Act or the Rivers Protection Act. This designation is used as a conservation planning tool.  There are no identified rare species onsite, so the NHESP did not have regulatory authority to review a project here. With the conservation restriction, these habitat areas are now safeguarded.
• The property provides upland and wetland habitat for a variety of species, terrestrial and avian, and helps protect water quality for the fish and amphibians that inhabit the Assabet River.
• This section of the Assabet River is also designated as a Federal Wild and Scenic River. This does not provide additional protections beyond the protections offered by the Wetlands Protection Act or the Rivers Protection Act, but with the conservation restriction, the special riverfront area of the property is protected.  

The property includes a well-used neighborhood trail that connects the sidewalk at the Pine Street Bridge with the Bruce Freeman Rail Trail (BFRT). 

• About 500’ of this trail crosses four house lots, while the rest is located on the Assabet Bluff land.
• There is a roughly 50’, comprised of Rail Trail right-of-way and required Zoning setbacks between the Rail Trail and 2B Upland that could not be disturbed by development on the site, but now with the conservation restriction, the trails and public access on the entire property are preserved for future generations. 

Before the Town's purchase in 2022, 2B Upland Road and 406 Old Marlborough Road were privately owned by DIGI, LLC.

• The landowners gave the Town until July 2022 to designate funds to purchase the land for $2.8 million.

• If not purchased by the Town, the owners would have sold to another buyer, likely a private developer, who could build up to six conventional, single-family homes, which would have required approval from the Planning Board or possibly 11 units in a basic Planned Residential Development (PRD), which would have required approval from the ZBA, with a recommendation from the Planning Board and NRC, and neither would have guaranteed public access. 

  With a 6-lot standard subdivision (and assuming no waivers requested), approximately 2.7 acres of existing riverfront would have been preserved solely through the existing River Protection Act, with no public access. The subdivision road would most likely have been from Upland Road.

  With a privately developed PRD, the density of 11 dwelling units (all at market rate) would have been possible with approximately 2.7 ac. preserved with the potential for public access because the PRD Bylaw requires preservation of open space, but does not mandate that the open space be publicly accessible.  Additionally, the PRD Bylaw allows an increase in the Basic Density up to two times the basic density or 22 units, if affordable housing is provided. The access roadway would most likely have been from Upland Road in this scenario, although #406 Old Marlboro might have been an option for access. 

• With a conservation restriction over the 6-acre portion of this property, public access and its important conservation values are now safeguarded forever, while providing affordable housing on the one-acre portion of the property.

The Concord Community Preservation Committee approved a proposal to purchase this land using a combination of open space and affordable housing funds.

SVT joined with CLCT, the Concord Housing Development Corporation, and the Concord Division of Planning and Land Management to write a letter in support of the Assabet River Bluff acquisition.

The ultimate decision on the scope of the housing and purchase of the property was made by voters at Annual Town Meeting on May 1, 2022. Town voters overwhelmingly approved the use of CPA funds for the purchase of this land.

Following Town Meeting, the Town purchased 6 acres of the property for open space after federal grant funding was awarded, and the Concord Housing Development Corporation purchased 1 acre for affordable housing. 

The total cost for the open space parcel was $1.9 million, including project costs such as surveys, legal fees, and engineering.  As approved by Town Meeting, the Community Preservation Committee contributed $700,000.

CLCT and SVT agreed to raise as much of the remaining $1.2 million as possible, through a combination of individual gifts and grants. 

In order to be eligible for the grants, which would come from either state or federal sources, the Town was required to approve the full project amount at Town Meeting, using a combination of Community Preservation Act funds and free cash or borrowing. However, it was the project partners' intent that private fundraising and grants ultimately would replace the cash or borrowed funds. 

Thank you to everyone who supported our fundraising campaign and helped SVT and CLCT reach our fundraising goal.

Breakdown (includes $100,000 for project transaction expenses)