government

McLean Hospital sues Lincoln over Bypass Road decision

November 22, 2016

McLean Hospital has filed suit against the town asking the court to find that its proposed residential facility on Bypass Road constitutes an allowable educational use according to state law and Lincoln’s zoning bylaw.

Building Inspector Daniel Walsh initially decided that providing dialectical behavior therapy to adolescent boys and young men with borderline personality disorder was allowed by the Dover amendment, a state law that permits zoning exceptions for educational and religious uses of a property. After a group of residents hired an attorney and appealed to the Zoning Board of Appeals, the ZBA overturned that decision in a 4-1 vote earlier this month.

The lawsuit notes that although the ZBA voted on November 3, its decision will not be signed until December 8. The suit was filed on November 15.

“In the meantime, the delay in openings its program has severely prejudiced McLean, both in terms of its financial investment in the program and also given the needs of the prospective residents whose admission is now delayed,” the suit says. A program director and several other senior staff for the facility have already been hired and have relocated from out of state, it says.

McLean applied for a building permit on October 12 to begin interior renovations on the Bypass Road property, but Building Inspector Daniel Walsh (who is also named as a defendant) refused to accept the application or issue a permit, pending the ZBA’s decision, according to the suit. “Although McLean understands that such renovations are undertaken at its risk, McLean, like any property owner, is entitled to make interior changes to a residential property assuming those changes meet the requirements of state and local building codes,” the suit says.

At the ZBA’s recommendation, the Board of Selectmen voted at its November 2 meeting to retain attorney Jason (Jay) Talerman of Blatman, Bobrowski, Mead & Talerman to represent the town and the ZBA. Talerman has appeared before the ZBA several times, “and the ZBA has been impressed with him and thinks he would be a great fit for the town and the ZBA in these matters,” the selectmen said in a statement.

Prior to joining his current firm, Talerman (who is also the town moderator in Norfolk) was a partner at Kopelman & Paige, where he provided town counsel services to nearly a third of Massachusetts cities and towns, according to his firm’s bio page.

“The Board of Selectmen has every confidence that Town Counsel [Joel Bard] could have effectively represented the town and the ZBA in these matters, but agrees with the ZBA that it would be best under the circumstances to retain outside counsel going forward,” selectmen said. In a May 2 email to town officials, Bard said that in his opinion, McLean’s proposed use qualified as an education use under the Dover Amendment.

Generally speaking for lawsuits of this type, the court will schedule a case management conference in about four to six weeks, after which a trial before a judge or a summary judgement hearing may be scheduled, said Diane Tillotson, McLean’s attorney.

Sale closes on Wang property; town will be asked for $850,000+

November 20, 2016

The Wang property is outlined in blue. The lot on which the house sits is in yellow. Click image to enlarge.

The sale of the 16-acre Bedford Road property owned by the late An and Lorraine Wang was completed on November 17 for $2.375 million, and residents will be asked at Town Meeting to approve the purchase of 12 of those acres for use as conservation land and a new town athletic field.

The Rural Land Foundation (RLF) bought the property together with the Birches School, which plans to relocate to the remaining four acres, including the Wangs’ 12,000-square-foot house at 100 Bedford Rd.

The 16 acres of land comprise seven parcels along Bedford Road and Oak Knoll Road with a total assessed value of $2.3 million and a full development value of $3 million to $4 million, RLF Executive Director Geoff McGean said in October when the planned deal was announced.

The RLF and Birches have agreed to carry the cost of the property until the 2017 Town Meeting, when voters will be asked to pay the two organizations $850,000 and to allocate an additional as-yet-unspecified amount to build the athletic field. If residents reject the proposal, the RLF and Birches will seek to develop the property, which has three potentially buildable lots, to recoup their investment.

Officials hope to have the $850,000+ appropriated from funds collected through the Community Preservation Act. Those funds derive from a 3 percent surcharge on property tax bills, supplemented by money from the state, and can be spent on open space, preservation of historic structures, provision of low and moderate income housing, and recreation.

“The decision to pursue this opportunity was done in concert with two partners: Birches School and Parks & Recreation,” McGean said. “We had three different organizations, each with its own unique needs, and the Wang property provided a potential path forward for all of us. We are grateful to the Wang family, which made this transaction an affordable possibility.”

“We’ve been searching for land for more than 15 years and we recognize that when an opportunity like this comes along, we need to seize it,” said Parks & Rec Director Dan Pereira. “The town doesn’t have the ability to act on short notice, so we’re fortunate to be able to partner with the RLF and Birches School to make this an option for the town. Lincoln is also able to take advantage of significant cost savings, since Birches School will be building and maintaining the parking lot for the potential field.”

“This is an exciting opportunity to balance these different community needs while also connecting an important property to adjacent land already in conservation,” said Lincoln Conservation Director Thomas Gumbart.

The Birches School, which currently has 45 students in rented space in the First Parish Stone Church, has already begun to renovate the home, working with Lincoln architects Woodie and Loretta Arthur of D.W. Arthur Associates Architects. The school hopes to move into their new facility by Fall 2017.

Officials will schedule future public meetings to discuss site plans and project funding.

‘Coming attractions’ aired at SOTT open forum

November 16, 2016

During the open forum segment of the November 12 State of the Town meeting, residents and officials made comments on past issues and previews of “coming attractions”:

Town athletic fields

Lincoln’s athletic fields are in poor condition because there are too few of them to allow a normal “rest period” for each field, said Parks and Recreation Committee chair Jonathan Dwyer, adding that the group will soon “begin discussions with you on what to do.”

Marijuana sales

“It’s time to discuss marijuana,” said Lynn DeLisi, who is vice chair of the Planning Board. In light of the fact that Massachusetts just voted to legalize sales of recreational marijuana, “South Lincoln could have a marijuana candy store” subject to age restrictions, she said. “I would like to see Lincoln free of marijuana establishments.”

Two years ago, a medical marijuana dispensary in Lincoln was proposed, but the Board of Selectmen declined to send a “no opposition” letter,” Selectman Peter Brain noted. The approved legislation is “full of regulatory holes… this is some we’re going to have to study as soon as we have some new information. We can’t tell yet what will be permitted where and in what circumstances,” he said.

School project

The Massachusetts School Building Authority has said they will notify Lincoln in January as to whether the town will be invited into next year’s funding pipeline for a school project, School Committee chair Jennifer Glass said. “Whatever the answer is, yea or nay, it will be all hands on deck as a town to figure out our next steps and to move forward. We will be asking for everyone’s full participation.” If the state again declines to consider funding a project, the town may have to paying for a project alone.

Town meeting format

A group has formed to discuss the structure of Town Meeting, which some believe impairs full participation by all residents due to its multi-hour in-person Saturday format. “I’d like you to be open. There’s been a lot of talk from the younger generation and we need to listen. I want us to think very, very carefully about it,” said Town Moderator Sarah Cannon Holden.

Lincoln newcomers

The town recently sponsored an event to introduced new residents to Lincoln, and the Town Clerk’s office has distributed limited copies of printed booklets that they are working to put online for everybody’s use, Selectman Renel Fredriksen said.

Gas leaks

Resident Alex Chatfield highlighted a local environmental problem: leaks from underground gas mains. Though some leaks in town—notably a long-standing odorous leak on Bedford Road near the First Parish Church—eventually get repaired, utilities are not required to do so in a timely fashion, and even when they do, they are allowed to pass on the cost to customers. The Home Energy Efficiency Team website, which has links to maps showing locations of gas leaks in every city and town in Massachusetts, shows that Lincoln had more than 40 unrepaired leaks in 2015.

Natural gas is “80 times as potent a greenhouse gas as carbon dioxide,” Chatfield said. “Embedded in all our bills is the cost of the gas they’re allowing to leak out into the atmosphere.”

The Massachusetts Municipal Association has tried to address this with the state legislature, “but we haven’t been able to make any progress” unless a leak is so severe that it poses an explosion danger, Town Administrator Tim Higgins said.

Benefits and hurdles for solar array at landfill discussed

November 14, 2016

A report by the Solar PV Working Group concluded that the best site for a municipal solar photovoltaic array is the capped town landfill, with the roof of the public safety building coming in second.

Solar Design Associates, a consulting firm hired by the solar working group, looked at 25 potential sites in town. A solar array at the transfer station could have a capacity of 1.4 MW, while a roof-mounted array on the public safety building could generate 58.6 kW. Selectman Renel Fredriksen summarized the report at the November 12 State of the Town meeting and said the group hoped to have a proposal to vote on at Town Meeting in March.

If and when a site is selected, the town would sign an agreement with a private firm to purchase, install and maintain the solar PV equipment, and in return, the town would receive lease payments and/or reduced electricity costs. In a 2015 report, BlueWave Capital said a solar installation on the landfill site could produce more than 50 percent of Lincoln’s municipal electricity.

One problem, though: the landfill is now designated as conservation land, and state law requires that if the town wants to open it to solar use, it must designate another parcel of the same size to offset the loss to the town’s inventory of conservation land. Officials had hoped that part of the Hargreaves-Heald property purchased by the town earlier this year could be used for this purpose, but the state has since said that this was not acceptable.

Removing land from conservation status requires unanimous approval by the Conservation Commission and two-thirds majority votes by Town Meeting and the state legislature.

The town and Minute Man National Historic Park would also have to renegotiate the easement given by the park to the town for access from Route 2A to the landfill. There is a “polite disagreement” with the park about what uses are permitted by that easement, “but once have a concrete proposal, we’ll resume that conversation,” Town Administrator Tim Higgins said.

Once a Lincoln School project is underway, the Ballfield Road campus is promising site for a future municipal solar PV array, as is the soon-to-be-rebuilt Minuteman High School, Fredriksen noted.

In the meantime, “there’s lots that we can do now to to change our electricity use, like getting a home energy assessments or buying more renewable energy,” said Green Energy Committee member Sue Klem, adding that residences account for 80 percent of electricity energy in town.

Small-scale agriculture expansion discussed at SOTT

November 14, 2016

Opportunities for small-scale commercial raising of animals and sale of animal products will be expanded if residents approve a zoning bylaw change at Town Meeting in March.

Current rules under the 2011 Right to Farm bylaw allow property owners to sell produce and flowers on lots of any size, but animal products such as meat, dairy, eggs, wool, honey, etc., may not be sold on parcels of less than five acres, and animals may be kept only for personal use on those parcels.

Allowing sales from smaller-scale farming would be “consistent with common agricultural practices in Lincoln” and would “help feed the community and offer valuable skills to young people to keep agriculture flourishing,” Agricultural Commission co-chair Ari Kurtz explained at the State of the Town meeting on November 12.

There are currently more than 16 active farms on 500 acres of agricultural land in Lincoln.

The changes would impose a small-agriculture minimum lot size of 80,000 square feet (a bit under two acres) and allow annual sales of no more than $5,000. The maximum number of “animal units” permitted would be one per acre. An animal unit is defined as one 1,000-pound cow, five goats or sheep, two pigs, 30 fowl or 20 rabbits (bees would be limited by gross sales rather than number of insects). The revised bylaw would also add requirements and definitions for best management practices for handling livestock and manure.

Anyone who felt their neighbor was in violation of the rules could complain to the Board of Health, Kurtz and AgComm co-chair Lynne Bower said. Prospective small-scale farmers would not have to request a special permit, but submitting a simple application to the town’s building inspector is “worth exploring,” Kurtz said.

Although agricultural land is taxed a a lower rate than residential property, there will be no tax implications because, by state law, parcels under five acres may not be classified as agricultural, Kurtz said. The change wouldn’t itself open to the door to marijuana cultivation because selling marijuana will also require a state license and permit, he added.

In response to a question about the $5,000 annual earnings limit, Kurtz and Bower said the number was “just a stab in the dark” and could either be revisited periodically, or indexed to another figure that increases over time.

Traffic remedies discussed at State of the Town

November 13, 2016

(Editor’s note: there will be more coverage of the State of the Town discussions tomorrow.)

At Saturday’s State of the Town meeting, residents shared their thoughts about speed limits, distracted drivers, dangers for bicyclists and other roadway issues, though there seemed to be more problems than immediate solutions.

Selectman Peter Braun voiced what everyone has noticed: there’s more traffic all over town especially at rush hour, because GPS has revealed commuter shortcuts through town to more people. He and other officials also reminded residents that many issues such as area-wide traffic and making changes to state roads like Routes 117 and 126 are largely out of Lincoln’s control.

Several measures have been tried to slow and reduce traffic, such as speed bumps and updating signage. There were speed bumps on Lincoln Road at one time but there were removed, and their drawbacks—traffic noise from accelerating cars, and safety issues for emergency vehicles and snow plows—outweigh their benefits, said Braun and Chief of Police Kevin Kennedy.

Changing signage has been somewhat more effective, especially at Five Corners, where stop signs were recently realigned. Sight lines have also been improved at Route 117 and Lincoln Road, but both intersections are still problematic, residents noted.

Reducing speed limits can also have unintended consequences. To change the speed limit on a road, a town must apply to the state, and the new speed limit must be close to the speed at which 85 percent of the motorists already travel on it under normal conditions—something that could actually result in the speed limit going up, Kennedy noted.

“The best way to control speed is volume. It’s one of those double-edged sword things,” Braun said.

When roads are repaved, the shoulder is usually widened a bit, though trees and utility poles often limit how much can be done. But again, there are pros and cons. “Narrower roads serve as effective traffic-calming mechanism but can make it difficult for cyclists,” Town Administrator Tim Higgins said.

Other proposals that were discussed:

Increased enforcement of existing speed limits—this requires hiring more police officers. Braun rhetorically asked if residents would support a Proposition 2½ override to fund such a measure and was met mostly with silence.

Crosswalks—“They can give a false sense of security… we’ve kind of shied away from them,” Braun said.

Roundabouts at difficult intersections—this has been considered, even to the point of having a traffic engineer sketch out some possibilities, but roundabouts are costly, and the town usually doesn’t own enough land adjacent to the intersection to make this feasible, Higgins said.

Restricting access to smaller roads to reduce commuter cut-throughs—one resident objected that “this is a zero-sum game; if you close a road in one place, you increase traffic in another. Don’t change the policy of letting one neighborhood have less traffic than another.”

Other suggestions to improve safety seemed more promising, such as free-standing speed sensors that blink or flash a warning message if approaching drivers are going too fast, or banning cellphone use while driving in Lincoln. Rhode Island, Connecticut, New Hampshire and Vermont already have state laws requiring cell phones in cars to be hands-free, though Massachusetts failed to pass a similar law over the summer.

The town has gotten a Complete Streets state grant to study and identify specific roadway and path improvements, with the chance to apply for a larger grant for any construction projects that can be completed by June 30, 2017. However, even projects that can’t get done in that timeframe can go on a “wish list” to be considered later for town-only funding, Braun noted.

Officials urged everyone to complete a Complete Streets online survey. There will be a presentation and discussion of ideas on Wednesday, Dec. 7 at 7:30 p.m. in the Town Hall’s Donaldson Room. Officials also encouraged anyone with comments or suggestions about specific roadway and traffic issues to contact Higgins at higginst@lincolntown.org.

Letter to the editor: Gallagher Tully thanks citizens

November 13, 2016

To the editor:

It was a great honor and privilege to have my name placed on the ballot. I introduced myself (Stacey Gallagher Tully, candidate for State Representative for the 9th Middlesex District) thousands of times, but it never got old. In fact, it was energizing and refreshing.

Meeting so many great people and families—the hearts of our communities—along the campaign trail was extremely rewarding. I was humbled each and every day by the outpouring of support from so many different corners of the 9th district. Engaging conversations with so many people at their doors, at community events, in local grocery stores—sharing personal stories and ideas and concerns—was the highlight of this campaign.

To my volunteers, an outstanding team of hard workers, you offered and gave of your time, talent and treasure to support this campaign. I want to publicly thank you. You are my heroes and I continue to be inspired by your passion and commitment to better government through conservative principles.

Onward and Upward, Lincoln and Waltham for today is a bright new day. This is not the end, it is just the beginning of my public service in the capacity of a candidate. “If your dreams don’t scare you, they’re not big enough.”

Sincerely,

Stacey Gallagher Tully
85 Lincoln Road, Waltham

Letters to the editor must be signed with the writer’s name and street address and sent via email to lincolnsquirrelnews@gmail.com. Letters will be edited for punctuation, spelling, style, etc., and will be published at the discretion of the editor. Letters containing personal attacks, errors of fact or other inappropriate material will not be published.

Final election results show Lincoln voted ‘yes’ on Question 2

November 11, 2016

A more complete (though still unofficial) tally of Lincoln’s election results shows that Lincolnites voted in favor of expanding charter schools—and was one of very few Massachusetts cities and towns to do so.

Preliminary results that were sent to the Squirrel on Tuesday night contained a typographical error in the results for Question 2 that seemed to indicate Lincolnites voted against raising the cap on charter schools. In fact, Lincoln voted by a margin of 1,988–1,768 to raise the cap, and was one of only 15 towns to vote yes. The others were Weston, Wellesley, Dover, Sherborn, Manchester, Mt. Washington, Cohasset, Chatham, Orleans, Nantucket, and four of the five towns on Martha’s Vineyard.

The next-closest margin for a ballot question in Lincoln was the vote of 2,018–1,765 in favor of legalizing recreational marijuana.

The tables below show results by voting precinct, excluding blanks and write-ins. Click here to see a map showing the two Lincoln precincts.

Candidates	Precinct 1	Precinct 2	Total
PRESIDENT and VP
Clinton and Kaine	1,820	1,086	2,906
Trump and Pence	328	285	613
Johnson and Weld	97	78	175
Stein and Baraka	24	23	47
U.S. REPRESENTATIVE
Katherine Clark	1,848	1,166	3,014
COUNCILLOR
Marilyn Devaney	1,681	1,065	2,746
STATE SENATOR
Michael Barrett	1,722	1,097	2,819
STATE REPRESENTATIVE
Thomas Stanley	1,332	783	2,115
Stacey Gallagher Tully	643	533	1,176
SHERIFF
Peter Koutoujian	1,733	1,092	2,825

BALLOT QUESTIONS	Precinct 1	Precinct 2	Total
QUESTION 1: Additional slot parlor license?
Yes	392	334	726
No	1,832	1,128	2,960
QUESTION 2: Allow up to 12 new charter schools per year?
Yes	1,186	802	1,988
No	1,089	679	1,768
QUESTION 3: Prohibit confinement of farm animals?
Yes	1,841	1,180	3,021
No	443	304	747
QUESTION 4: Legalize recreational marijuana?
Yes	1,186	832	2,018
No	1,106	659	1,765

Letter to the editor: an important conversation about Town Meeting

November 10, 2016

To the editor:

On Saturday, the town will have an opportunity to come together and hear what is on the minds of town boards and committees, in addition to asking questions and sharing ideas. That is one important conversation. There is another.

This past summer, an important community conversation was resumed. Every so many years, a new generation of Lincoln looks at itself and asks important questions about our decision making process: Town Meeting. Some clearly feel the format is not conducive to inclusion. Others believe it brings out the best of community participation and decision-making. And, as many have said, democracy is not a spectator sport and requires full participation.

But how do we best achieve that when we have a form of governance crafted in the 18th century that is still serving us in the 21st? Are there ways we can improve access to information, debate and decision-making to expand participation? The Town Moderator, an elected position established in the 18th century, stepped to the plate and took these and other questions to the Board of Selectmen on October 24. The conversation’s focus was to explore how we might improve Town Meeting and decision-making. After some discussion, the Selectmen agreed that having a town-wide conversation about fine-tuning Town Meeting was important and urged the moderator to consider how best to move forward.

Other models for Town Meeting exist so that we need not reinvent the wheel. We have neighbors who debate this issue on a regular basis. Years ago, HATS (Hanscom Area Towns—Lincoln, Lexington, Concord and Bedford) hosted just such a discussion. In attendance were other Town Moderators, representatives of the League of Women Voters, Town Meeting members and others. Many towns have created a guide to Town Meeting for their own communities. Our own Town Clerk has created such a guide: “Welcome to Lincoln! A Guide for New Residents.” This is being distributed to newcomers and will soon made available online.

But what more can we do? How can we include new ideas, technologies and innovations? What became clear in the meeting between the Selectmen and Town Moderator is a need for the setting of context to open any discussion:

What exactly is Town Meeting?
Where did it come from and why?
What are the state statutes that establish it, and that also dictate how decisions are made?
What can and what can’t we do to alter voting and decision-making?
And, if we want to make fundamental changes to how we govern ourselves, what would it take to do so?

Once we have established the basic information and “road rules,” we can then begin a discussion of how we might make changes. While no date was set for the Town Moderator to return to the Selectmen to report next steps, it is clear that there is a need, and an important conversation has begun.

Many of us wonder how we, as a clearly divided country, can come together to govern at a national level. But we should not doubt that we can and will come together as a community. It is important to find time to listen and share thoughts this Saturday morning at our annual State of the Town meeting, and also to participate when and where we might find an opportunity to discuss how best to fine-tune Town Meeting, and celebrate the civility that has dominated our ongoing community conversations.

Sincerely,

Sara Mattes
71 Conant Rd.

Lincoln voters say yes to Hillary and three ballot questions

November 9, 2016

Early election results in Lincoln show that Hillary Clinton won by an overwhelming margin of 83% to 17%. Lincolnites also said “yes” to more charter schools, banning confinement for farm animals, and legalizing recreational marijuana while voting against an additional slot parlor in the state. Lincoln was one of only 15 towns to vote yes on the charter schools question.

Incumbent State Rep. Thomas Stanley (D) handily beat independent challenger Stacey Gallagher Tully by a margin of 65% to 35% among Lincoln residents.

Here are unofficial and incomplete results for how Lincoln voted in the 2016 presidential election as of 10:30 p.m. on Election Night from Town Clerk Susan Brooks. Click on a ballot question to see the Boston Globe’s statewide results.

PRESIDENT	# Votes	Ballot Q: Yes	Ballot Q: No
Hillary Clinton	2,906	—	—
Donald Trump	613	—	—
Gary Johnson	unknown	—	—
Jill Stein	unknown	—	—
U.S. REPRESENTATIVE
Katherine Clark	unknown	—	—
COUNCILLOR
Marilyn Devaney	unknown	—	—
STATE SENATOR
Michael Barrett	unknown	—	—
STATE REPRESENTATIVE
Thomas Stanley	2,215	—	—
Stacey Gallagher Tully	1,176	—	—
SHERIFF
Peter Koutoujian	unknown	—	—
BALLOT QUESTIONS (yes/no)
QUESTION 1: Additional slot parlor license?	—	726 (20%)	2,960 (80%)
QUESTION 2: Allow up to 12 new charter schools per year?	—	1,988 (53%)	1,768 (47%)
QUESTION 3: Prohibit confinement of farm animals?	—	3,021 (80%)	747 (20%)
QUESTION 4: Legalize recreational marijuana?	—	2,018 (53%)	1,765 (47%)