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A new state law effectively requires Lincoln and other MBTA communities to allow denser housing around their train stations, but it will be many months before the state clarifies the law and explains exactly what’s required, Town Counsel Joel Bard said at a March 17 Planning Board/SLPAC meeting on the topic.

State zoning law as revised by the Housing Choice Act says MBTA communities must have a least one district of “reasonable size” within a half-mile of the MBTA stop that permits multifamily housing by right. “Multifamily housing” is defined as a minimum of 15 units per acre, “subject to any further limitations” imposed by the Wetlands Protection Act and Title V, which outlines requirements around septic systems.

For the time being, all communities are considered to be in compliance with the Act, Bard said. Eventually, MBTA communities that do not comply will not be eligible for grant funding from the Housing Choice Initiative, the Local Capital Projects Fund, or the MassWorks infrastructure program. Town officials will gather information about how much funding Lincoln has received from these programs in recent years.

In its preliminary guidance about the new law, the state Department of Housing and Community Development (DHCD) does not define terms such as “reasonable size” of the zoning district, or whether development proposals can be denied if they don’t also meet every wetlands and septic requirement. “There will be a discussion of what is a zone of ‘reasonable size’ in a very small town” that’s more rural than Somerville but more densely populated than Deerfield, for example, said Bard, whose law firm published this update on the legislation last month.

Lincoln Woods has 125 units on 17 acres of land for a density of about 7.5 units per acre. Oriole Landing has about 10 units per acre.

“Lincoln should get credit for allowing density near [the train station] over the years — so ‘reasonable size’ might be smaller for Lincoln than other communities that have done very little,” Bard said.

The existence of Lincoln Woods wouldn’t let Lincoln off the hook in any case. The town would still have to change its zoning to allow future developments of that type by right, rather than by special permit and Town Meeting approval.

Well before the Housing Choice Act was passed, the Planning Board and its South Lincoln Planning and Advisory Committee (SLPAC) were working on rezoning proposals that would encourage more housing and mixed-use development in South Lincoln with the goal of creating a more vibrant village center for residents and businesses. Board chair Margaret Olson wondered how that work could proceed with the new uncertainties.

“I wouldn’t let this slow down your process,” Bard said, adding that it would be several months at least before state authorities give clearer guidance in implementing the new law. He suggested that when the Planning Board was ready, it could send a draft of its proposal to the DHCD for an advisory opinion.

Another unresolved question involves mixed-use development in which a single structure contains both housing and commercial space. “If the residential component is by right, but the commercial component is not, what prevents the town from effectively preventing the development based on aspects of the commercial development?” asked Michelle Barnes, chair of the RLF/Lincoln Land Conservation Trust, which hopes to redevelop the mall.

“Good question,” Bard replied.

Until further state guidance is forthcoming, all communities are considered to be in compliance with the Act, Bard said. Eventually, MBTA communities that do not comply will not be eligible for grant funding from the Housing Choice Initiative, the Local Capital Projects Fund, or the MassWorks infrastructure program. Town officials will gather information about how much funding Lincoln has received from these programs in recent years.

In 2018, the state allocated $500,000 for designing improvements to Lincoln’s MBTA station but never released the money. The fate of that funding is now more uncertain than ever. Meanwhile, the MBTA is cutting service everywhere after taking a financial hit from the Covid-19 pandemic, and it’s unclear what the long-term future holds for Lincoln’s train service.

Because many people may continue to work from home even after the pandemic is over, “use of the commuter rail may change dramatically… this whole notion of being an ‘MBTA community’ is kind of up in the air,” observed resident Sara Mattes.

Editor’s note: This story was originally published on or about February 13 but was lost after a website malfunction and later recovered.

A new state law will require rezoning part of the South Lincoln area to encourage multifamily housing around the commuter rail station — something the Planning Board has been wrestling with for years but has not been able to accomplish.

The Act Enabling Partnerships for Growth, signed into law by Gov. Baker on January 14, is intended to encourage multifamily development close to transportation stops to promote greater use of public transportation. It imposes new multifamily zoning requirements for “MBTA communities” that are within a half-mile of commuter rail stops and other transit locations in eastern Massachusetts. Those communities must now have at least one zoning district in which multifamily housing is allowed by right with no age restrictions, and that district must allow at least 15 units per acre.

The law also reduces the voting approval threshold for approving certain zoning bylaw amendments and special permits from a two-thirds majority to a simple majority. These amendments include those that allow (by right or by special permit) multifamily or mixed-use developments at “eligible locations” (which would include the South Lincoln area), accessory dwelling units, and open space residential developments.

The new law is a “comprehensive economic relief and stimulus bill that will affect a multitude of industries across the Commonwealth” and includes “provisions intended to spur housing development and economic growth,” according to this analysis by JD Supra, a company that provides commentary and analysis from lawyers and law firms.

Affected towns that do not amend their zoning bylaw as required will face penalties including loss of access to state grants.

In 2019, a subset of the South Lincoln Planning and Advisory Committee (SLPAC) presented a rezoning proposal that would have created a new South Lincoln Village District with subdistricts (commercial or mixed use, and residential), with buildings up to three and a half stories allowed if they were farther back from Lincoln Road. The measure would have also given the Planning Board the authority to approve special permits for some developments rather than requiring Town Meeting approval.

The goal was to create a more vibrant “village center” with housing options that would allow for housing that’s smaller and more affordable than single-family homes for smaller households and older residents who are downsizing but want to stay in Lincoln. However, the proposal was tabled after objections from residents who worried that the apartments and condos on Ridge Road could be squeezed out and were also uncomfortable with ceding too much authority to the Planning Board.

Lincoln officials are organizing a public multiboard meeting hosted by the town’s legal counsel, KP Law, to review the new legislation and its implications for Lincoln. “After that, the Planning Board will map the way forward with directions to SLPAC as to objectives and public process,” said Director of Planning and Land Use Paula Vaughn-MacKenzie.