Chelsea development settles pollution claim

Forbes Park, a residential development in Chelsea that touts its "green" features, yesterday reached a tentative settlement with the state Department of Environmental Protection over permitting issues, following a complaint that developers discharged contaminated water into nearby Mill Creek this summer.

The state environmental agency issued a cease and desist order in July to stop work in a wetlands portion of the 18-acre site after discovering some permits had expired. Workers had been planting a salt marsh and building an access road to the site, which once was home to a printing plant.

Under the settlement, which must be formally approved by the state, Forbes Park is required to submit plans for any work in the wetlands area not already addressed, according to Ed Coletta, a spokesman for the environmental protection department.

A $1,700 fine was suspended, pending no other violations over the next three years.

"We did have that minor [water] breach, which we, in fact, have corrected," said Forbes Park consultant Ed Lonergan, who is also a lawyer.

Lonergan said dirty water seeped into Mill Creek after an old pipe ruptured during work on the access road.

Meanwhile, state investigators also are looking into whether a more extensive review of the project is needed.

Developer Urban Design and Development, based in Somerville, is building about 350 lofts that will be powered by a nearby wind turbine. In addition, developers say harvested rainwater and cutting-edge heating and ventilation systems will help Forbes Park residents cut energy use and reduce their impact on the environment.

Laurie Burt, the state's environmental protection commissioner, said her agency wants to ensure that the developer's plans comply with the law and permitting requirements. "There's a lot that commends itself to this project," Burt said. "We aren't trying to give this applicant a hard time. This just happens to be a potentially great project that didn't get its permits up front."

The lofts, which are under construction, "need to go through review," she added, "particularly if they are proposing to put that in a restricted area like a tidelands area."

Lonergan said he is confident the plans for Forbes Park meet state requirements and that developers will work with the state to correct any issues.

Erin Ailworth can be reached at eailworth@globe.com.