The Lincoln Squirrel – News, features and photos from Lincoln, Mass.

land use

Property sales in November 2019

11 Old County Rd. — Patrick A. Zweidler-McKay to Kennth H. Jung and Min Wu for $1,250,000 (November 27)

333 Hemlock Circle — Sara M. Patnode to John and Linda Rowe for $535,000 (November 27)

32 Tower Rd. — Lucretia Giese to Thomas M. and Maria C.L. Ruenger for 1,350,000 (November 26)

36B Indian Camp Lane — Ellen Whited to Fidel R. Tutiven for $189,156 (November 15)

9A South Commons — Jill O. Montgomery to Ephraim Arelai for $420,000 (November 14)

11 Oak Meadow Rd. — Louise L. Dunn Trust to Mark Hurrie and Parul Singh-Hurrie for $985,000 (November 8)

110 Old Concord Rd. — Martin Torriani to James and Nancy Fleming for $1,475,000 (November 8)

234 Aspen Circle — Joan Rubin to James F. MacGuire and Mary D. Gershanoff for $535,000 (November 1)

Barrett, Stanley address Lincoln issues at meeting

Lincoln’s representatives in the state legislature, Sen. Mike Barrett and Rep. Tom Stanley, updated residents and town officials about locally issues important including transportation, housing, and sustainability.

At their December 16 meeting, selectmen asked about $500,000 that was allocated in a state bond bill for designing improvements to Lincoln’s commuter rail station. Although the bill passed in 2018, the money has yet to be released. This has been a source of frustration for Lincoln officials, who hope to upgrade the station as part of a larger plan to rezone South Lincoln to allow more mixed-use development, making it more attractive for commuters, residents and businesses.

“Is it worth the time and effort to continue to push in this direction, or start to make some noise in another direction?” Selectman James Craig asked.

“I understand some things are really riding on this… that’s good for us to know about,” Barrett said. “It’s not a good idea to plan on the assumption that that money is going to be available in the next two years… [but] it’s worthwhile pushing hard and asking us to push hard.”

Both legislators were optimistic that the state will authorize spending to address the Boston-area traffic and transportation crisis, which could encompass public transportation improvements such as those sought in Lincoln. “I believe in the next 24 months, serious money will be made available for transportation projects. Certainly the demand is there. It’s approaching anger,” Barrett said.

One avenue being pursued is the Transportation and Climate Initiative (TCI), a regional effort to institute a carbon cap-and-trade system that would also raise gasoline prices. “The particulars are gnarly, but if this is put in place, it would generate a huge amount of money,” Barrett said.

Stanley has also introduced legislation that would study the potential for a mileage-based fee to replace motor fuel taxes. The two proposals work in different ways to achieve the same goal: increasing revenue from gasoline while also driving down greenhouse gas emissions.

“Legislators are in the habit of putting in play many more projects that can be actually launched and funded,” Barrett said, referring to the stalled Lincoln MBTA funding, “but with TCI fnds, the odds change and many more projects become financially viable.”

Housing

Another important regional issue is the housing crunch. To make it easier for housing developments to win local approval, the proposed Act to Promote Housing Choices would lower the requirement for town-wide approvals from a two-thirds supermajority to a single majority. This would affect projects that require Town Meeting approval such as Oriole Landing, a mixed-income project that Lincoln voters approved in 2018.

Significantly larger so-called 40B affordable developments are looming in several towns bordering Lincoln that aren’t meeting the state requirement that 10 percent of their housing be affordable. The housing choice legislation, if approved, could result in even more projects.

However, that proposal is now being targeted for amendments from two differections. Some say the bill takes away too much local control, while others want it to go even further in relaxing requirements for developments. Meanwhile, Springfield and Needham are asking that they and about 70 other towns (including Lincoln) that already meet the 10 percent affordable-housing requirement would be exempt from the law, if passed.

Because of all the proposed changes, “the central idea is in danger of sinking,” Barrett said. “Already the idea is being slow-walked, and no one is really eager for that discussion,” especially heading into an election year, he added.

Dover Amendment

Selectman James Dwyer asked the lawmakers if there was any possibility that the Dover Amendment requirements might be somehow “capped” for towns like Lincoln. That state law allows educational and religious institutions to bypass some local zoning rules and also have those parcels be exempt from local property taxes.

Lincoln’s tax revenue is limited by a combination of a small commercial tax base and a significant portion of state and federal land, such as Minuteman National Historic Park, Hanscom Air Force Base (where children of military retirees who live in tax-exempt base housing attend public school), and various nonprofit institutions. More land was lost to the tax rolls when McLean Hospital recently won a legal battle to create a tax-exempt residential treatment facility on Bypass Road.

“I like the Dover Amendment, but is there ever a limit as to how much a town could bear?” Dwyer asked.

Stanley said he was willing to work with the town on this issue, although changing the Dover Amendment is “very controversial,” he cautioned. Many other communities including Boston and Cambridge (with their universities and hospitals) and western Massachusetts with its many state parks and forests also lose out on some local tax revenue. “Lincoln has a case to make, but these other places would come forward with a surprising diversity of cases of their own,” he said.

Property taxes

Selectman Jennifer Glass noted that Lincoln is working on a proposal to limit the impact of rising property taxes on needy seniors with a local version of the state circuit-breaker program (a move that would need legislative approval even if Lincoln residents vote in favor). Lincoln hopes to expand the state criteria to include eligibility for renters as well as homeowners in town, she said.

“I think a home rule [petition] is the way to go, and I would be prepared to be very supportive,” Barrett said.

Public hearings coming up

Tree removal by DPW

On Tuesday, Dec. 3 at 7 p.m. at the Lincoln DPW Office (30 Lewis St.), a public hearing will be held by the Tree Warden, Deputy Tree Warden and/or their designees to consider the removal of the trees listed below that are in the public right of way. This meeting is consistent with the requirements of the Shade Tree Act (MGL,c.87) and Scenic Road Act.

The trees have been marked with a hearing notice and are being considered for removal because they are dead, in decline, or otherwise posing a safety or operational hazard. The trees are marked as to size and type along the following roads:

  • 10 Old Sudbury Rd., 20″ pine
  • 251 Lincoln Rd., 30″ oak right of drive
  • At Town Hall, 24″ hemlock
  • Baker Bridge Field South, between poles 49 and 50, 12″ maple
  • Baker Bridge Field South, between poles 48 and 49, 12″ maple
  • Baker Bridge Field South, between poles 47 and 48, 12″ maple
  • Baker Bridge Field South, between poles 46 and 47, 8″ maple
  • Baker Bridge Field South, between poles 45 and 46, two 12″ maples
  • Baker Bridge Field South, between poles 44 and 45, 12″ maple
  • Baker Bridge Field South, between poles 43 and 44, 8″ maple
  • 53 Lincoln Rd., 20″ ash
  • Lincoln Road across from Pierce Hill Road, 24″ ash
  • Across from 94 Lincoln Rd., 20″ ash
  • Ridge Road opposite pole 35/1, two 14″ maples
  • Ridge Road, between and opposite poles 35/1 and 35/2, two 14″ maples
  • Anyone with questions may call the DPW at 781-259-8999.

Zoning Board of Appeals

The Zoning Board of Appeals will hold a public hearing on Thursday, Dec. 5 at 7:30 p.m. in Town Hall to hear and to act on the following petitions under the Zoning Bylaws:

  • 9-11 Lewis Street Realty LLC, 9 Lewis St., for extension of original special permit for continued uses of 9, 11 and 11A Lewis St.
  • Rosamond and Francois Delori, 44 Tower Rd., for a special permit for an accessory apartment in loft above an existing garage.
  • Christopher Kalisch and Lindsay Norris, 158 Bedford Rd., for a special permit to replace an existing garage with a new garage and office above.

Property sales in October

0 South Great Rd. and 16 Old Sudbury Rd. — Martin D. Madaus to Solaire LLC NID for $6,000,000 (October 31)

9 Baker Farm Rd. — Jane G. Langton Trust to Cynthia G. Ferris for $880,000 (October 29)

90 Conant Rd. — Kathryn N. Doyle to Jessica W. and Christopher G. Tranchino for $1,360,000 (October 18)

82 Virginia Rd. #B412 — Linda W. Conrad to Robert Brenner and Bin Wang for $525,000 (October 15)

122 Chestnut Circle — Stephen H. Webster to Luiz de Oliveira for $675,000 (October 16)

19 Huckleberry Hill — Bor Yeu Tsaur to the Mark Zaitlin Trust and Linda Zaitlin Trust for $2,300,000 (October 11)

0 Baker Bridge Rd. — Carroll School to Robert and Debra Campbell for $750,000 (October 9)

129 Lexington Rd. — Larissa Kolontareva Trust to Lou Makrigiannis for $1,370,000 (October 3)

Lincoln grapples with growth within and outside its borders

By Alice Waugh

As the population in the MetroWest area keeps growing, Lincoln will have to decide how to allow more housing and businesses — or whether it even wants to.

In an effort to direct growth around the MBTA station in Lincoln, the South Lincoln Planning and Implementation Committee presented a draft of proposing zoning changes at the November 2 State of the Town meeting. Since Oriole Landing was approved, the town won’t face pressure for dense affordable housing developments for at least another decade — but several surrounding towns are not so lucky, Selectman Jennifer Glass noted in her “Setting the Context” presentation.

Neighboring communities are being forced to entertain 40B housing projects, which are allowed to circumvent many zoning restrictions for height and density in towns that have fallen short of state requirements for affordable housing. Hundreds of units (not all of them designated affordable) have been proposed or built in Sudbury, Wayland, Weston, and West Concord, Glass noted.

Already completed are the 250-unit Avalon apartment complex in Sudbury and the 56-unit Coolidge for residents 55+ in Wayland. For years, Sudbury residents fought Sudbury Station, a 250-unit rental housing proposal next to the cemetery at the town center. Last year, the town agreed to swap that property for another site on Route 117, where the developer has proposed the 274-unit Quarry North.

Weston has so many 40B proposals that it created a separate town web page on the topic. Among them: 180 rental units at 751 Boston Post Rd. just west of Weston Center; 150 rental units at 104 Boston Post Rd. close to the I-95 interchange; and 200 rental units on South Avenue near Weston High School. Sixteen rental units at 269 North Ave. just south of Dairy Joy and 10 condo units on Merriam Street are also being considered.

In Wayland, there are proposals for two major housing developments on Boston Post Road, one close to the Sudbury town line and the other on the site of the former Mahoney’s Garden Center.

Many of these proposals are tied up in court on appeals from either developers or residents, but eventually at least some of them will be built, and that means more traffic in and around Lincoln — as well as opportunities for local businesses. And South Lincoln may become more attractive because it’s one of the few towns in the area with a commuter rail station and commuter parking availability — hence the conversation around transit-oriented, middle-income housing.

“Adding some carefully planned mixed-use development near the station will help support the businesses we do have… and convince the MBTA that it’s in their economic interest to add more train service rather than slowly taking it away,” Glass said.

Lincoln is grappling with how to balance its desire for a sustainable, rural character and lots of conservation land vs. property tax hikes for the new school and other expenses down the road, including a possible community center. More businesses in South Lincoln could boost the tax base — but to encourage that kind of development, more housing is probably needed as well, which in turn costs money for schools and services. The State of the Town meeting touched on several of these interrelated topics: zoning, transportation, property taxes, the school project, and community choice electricity aggregation (now awaiting approval from the state Department of Public Utilities).

“This is an opportunity to reach out and collaborate and try to shape the coming changes to have a positive impact on Lincoln,” Glass said.

Changes in taxation, South Lincoln zoning debated at meeting

Should Lincoln try to ease the burden on taxpayers with a shift in property tax policy, and/or encouraging more commercial and housing development in South Lincoln? Residents got a chance at last week’s State of the Town meeting to discuss both ideas, and will likely have a chance to vote on then in the spring.

In the wake of the big tax increase resulting from the school project, the Property Tax Committee has been studying two ideas to help reduce the strain for some Lincoln homeowners: a local version of the existing state circuit-breaker program, and a residential tax exemption. Both ideas were also discussed at a public forum last month.

A circuit-breaker program would limit the percentage of income a homeowner would have to pay in property taxes based on their income, assets, length of time in town (10+ years), and age (65+). Funding would come from a small across-the-board tax rate increase. A residential tax exemption would exempt a certain percentage of the value of everyone’s property, meaning that the tax burden would shift toward those with higher-valued homes to benefit those with homes at the lower end of the range.

Under the local circuit-breaker scenario, “everyone pays a little bit more in order to provide significant benefits to those with identified need,” Selectman Jennifer Glass said at the November 2 town-wide meeting. Homeowners in Sudbury, which has a program like this, have seen an average increase of about $73 a year as a result, she added.

Glass acknowledged that some residents are unhappy with the idea of another tax hike for some property owners so soon after the big increase, seeing it as a “bait and switch” move. The median tax bill in fiscal 2020 rose by 12.7%, and the tax rate went up from $14.03 to $15.36 per $1,000 of assessed property. Of that new total, $1.95 is earmarked for the school project, she said.

Neither idea will be implemented without a town-wide vote; “it’s too big a policy decision to make without consulting the town,” Glass said, urging residents to fill out a short survey to express their opinions.

Residents at the October 15 forum were open to the circuit-breaker idea but mostly negative about a residential tax exemption. Sentiment was much the same for the few residents who spoke last Saturday.

“A residential exemption would have been a great discussion three years ago and might have factored into the decision-making process” about the school, former Finance Committee member Peyton Marshall said. “Now we’re encountering buyer’s remorse [when] people who didn’t show up in December opened their tax bill.” As a result, the town is in a “period of disequilibrium” when some are thinking of selling their homes either soon, or after the school project is finished.

“We should consider all this in three to five years after people have made their housing decisions… It’s really explosive” to discuss it now, Marshall said.

South Lincoln zoning

In an effort to make Lincoln more attractive to residents and businesses and perhaps boost the tax base, rezoning part of South Lincoln around the commuter rail station was also discussed at an earlier public forum.

At the State of the Town meeting, Planning Board members presented the proposal to replace the B-1 and B-2 districts in South Lincoln and create a new South Lincoln Village District zone with two subareas: Village Business and Village Residential (VB and VR). Handouts included a draft of bylaw language (created with the help of the Metropolitan Area Planning Council) that will be up for a vote at the Annual Town Meeting in March 2020.

In both subareas, the proposal would allow (by special permit) multifamily housing, with a “density bonus” in return for amenities and affordable housing. It would also expand the parameters of projects that would be allowed by right, and would set out design guidelines for the Planning Board to apply when evaluating projects. Mixed-use buildings could be up to 2.5 floors high along Lincoln Road, with residential structures up to three floors father back from the road.

This development in West Concord was cited by Lincoln officials as an example of a good mixed-use village project.

A recently completed mixed-use project in West Concord is “something on the order of what we want to see,” Taylor said. That project includes 74 housing units and 36,000 square feet of commercial space, and is located very close to the commuter rail station, village center, and rail trails.

The rezoning proposals come from a subcommittee of the South Lincoln Planning and Implementation Committee. As detailed in this presentation by Planning Board chair Margaret Olson, SLPIC’s goals include promoting the area as a vibrant public gathering place; encouraging business and professional services; offering a broader range of housing options; and supporting more sustainable transportation through MBTA station improvements, better parking, and regional shuttle services.

Former board member Robert Domnitz worried that the changes won’t get Town Meeting approval if residents didn’t retain veto power over individual projects. However, the current path for getting town go-ahead is “a very cumbersome process that makes development a lot harder,” said board member Gary Taylor.

“It’s clear what we’re asking you to do is place some confidence in the Planning Board. It’s a more streamlined process and that’s intentional,” Taylor said. “It’s very difficult to shape projects on the floor of Town Meeting.”

One of the goals is to make South Lincoln more attractive as a place to shop for Lincoln residents and others who already drive through town without stopping, while also encouraging everyone to use the commuter rail and underground parking. However, some residents said there will be more cars and traffic in the area if more housing is available, regardless of whether the commuter rail is more heavily used.

“We’re not lowering traffic in the sense of absolute numbers, but there will be less traffic impact going forward than there would be otherwise,” Taylor responded.

Resident Sarah Mattes urged officials to expand and publicize the commuter parking that’s already available before considering “drastic zoning changes.” Others questioned where there was real demand for more commercial and transportation services in South Lincoln from residents who already live there.

Public hearings coming up

Historical Commission
  • Public hearing on Tuesday, Nov. 5 at 7:30 p.m. to consider the application of Paul and Ann Kaplan to demolish the house and sheds at 19 South Great Rd.
Historic District Commission
  • Public hearing on Tuesday, Nov. 5 at 7:30 p.m. to review the application of Niels Bradshaw and Julia Kardon, 51 Stonehedge Rd., to replace the roof including addition of two inches of insulation, extend border of roof and replace glass in three skylights, insulate overhangs, and cover with cedar tongue and groove decking.
Conservation Commission
  • Public hearing on Wednesday, Nov. 6 at 7:15 p.m. in response to the notice of intent by David Johnston for the construction of a garage on existing driveway attached to existing home within the 100-foot buffer zone resource area at 65 Winter St.
  • Public hearing on Wednesday, Nov. 6 at 8:45 p.m. in response to the request for determination of applicability by Paul and Ann Kaplan, trustees of the South Great Road Realty Trust, for the removal of all existing structures, septic, driveway, fencing, and invasive plants to return the site to pre-construction conditions with work occurring in both the 50-foot and 100-foot buffer zone resource areas at 19 South Great Rd.

Zoning Board of Appeals

Public hearing on Thursday, Nov. 7 at 7:30 p.m. to hear and to act on the following petitions:

  • Kathleen Corkins, 18 Baker Bridge Rd., for renewal of a special permit for an accessory apartment.
  • Neal and Kimberly Rajdev, 18 Moccasin Hill Rd., for a special permit for an accessory structure and to convert garage to studio space with bathroom.

Planning Board

Public hearing at 7:15 p.m. on Tuesday, Nov. 26 to review an application for site plan review. The applicant, the School Building Committee for the town of Lincoln, proposes to construct a new school at 1-8 Ballfield Rd.

State of the Town meeting on Saturday

Updates on the school project, South Lincoln rezoning proposals, community electricity aggregation and property tax relief will make for a full agenda at Lincoln’s annual State of the Town meeting on Saturday, Nov. 2 at about 9:30 a.m., after the conclusion of a Special Town Meeting on Water Department funding. These links and Lincoln Squirrel stories offer some background on the issues.

School project
South Lincoln rezoning
Community electricity aggregation
Property Tax Study Committee

Property sales in September

39 Weston Rd. — Addison D. Parks to Maxwell L. Semler and Amelia G. Haney for $1,025,000 (September 18)

0 and 19 South Great Rd. — Robert C. Cantu Trust to Paul D. and Ann C. Kaplan for $2,000,000 (September 23)

31 Greenridge Lane — Shivakumar Vasanth to Michael J. and Lodna Kellett for $505,000 (September 30)

75 Winter St. — Meir Weinstein to Kevin M. Jung and Marie F. Osborn for $879,000 (September 6)

108 Tower Rd. — Christopher City to John and Linda De Valpine for $1,265,000 (September 17)

20 Farrar Rd. — Patrick R. Wardell to Daniel F. Eder and Hannah Flint for $1,240,000 (September 30)

9 Giles Rd. — Bryan Leibowitz to Kristen Ramirez for $982,000 (September 27)

8 Willarch Rd. — Robert J. Stoddard to Ma Yue and Niu Weiping for $1,230,000 (September 25)

267 Concord Rd. — John L. Braden Trust to Jeffrey R. Chabot and Randi D. Rotjan for $1,098,000 (September 25)

SJC rules against town in McLean Hospital case

Overruling an earlier Land Court decision, the Massachusetts Supreme Judicial Court ruled that a McLean Hospital residential facility for young men on Bypass Road property does in fact constitute an “educational use” of the property and is therefore not subject to town zoning regulations that would normally apply.

The September 23 decision is the latest chapter in the saga of McLean’s attempt to use the residential property as an expansion of its 3East transitional facility on the Belmont campus. The Bypass Road facility would house 12 boys aged 15–21 with “extreme emotional dysregulation” and give them classroom training in dialectical behavior therapy, teaching them social and emotional skills including mindfulness, emotional regulation, distress tolerance, and behavioral flexibility. Nearby homeowners said the residents posed a possible danger to the community.

The hospital argued — and neighbors disagreed — that the proposed use was primarily educational rather than medical or therapeutic in nature, meaning it qualified for zoning relief under the state’s Dover amendment, which allows exceptions for educational and religious uses of residential property. Appeals and other legal maneuvers followed.

Last year, the Land Court ruled in the town’s favor, saying that “the primary and predominant purpose of the (McLean) program is the treatment of a serious medical condition” — a decision that led to the current appeal.

Timeline of the case:

    • May 2016: Based on an opinion by town counsel Joel Bard, Daniel Walsh, Lincoln’s building inspector, says McLean Hospital’s proposal for bypass Road qualifies under the Dover amendment’s “educational use” clause and is permitted.
    • September 2016: A group of residents with homes near the Bypass Road property appeal the building inspector’s decision to the Lincoln Zoning Board of Appeals. The ZBA holds several public hearings on the matter.
    • November 3, 2016: The ZBA rules that the proposed use is not primarily educational and that McLean Hospital’s plans for the property are not allowed.
    • November 15, 2016: McLean Hospital sues the town and Walsh in Land Court.
    • October 22, 2018: the Land Court rules in the town’s favor, saying, “the primary and predominant purpose of the 3East Boys Program is the treatment of a serious mental condition.”
    • December 2018: McLean Hospital appeals the Land Court decision to the Supreme Judicial Court.
    • September 23, 2019: The SJC reverses the Land Court ruling, saying the Bypass Road proposal does in fact qualify for zoning relief under the Dover amendment.

“We conclude that, although not a conventional educational curriculum offered to high school or college students, the proposed facility and its skills-based curriculum fall well within the ‘broad and comprehensive’ meaning of ‘educational purposes’ under the Dover Amendment,” the SJC opinion reads.

The court relied heavily on an earlier case involving the town of Weston and Regis College. Regis claimed its plans for Regis East, a 362-unit on-campus retirement village, qualified as an educational facility by virtue of the fact that residents had to enroll in at least two courses per semester. In its 2012 decision, the SJC ruled that any Dover-qualifying use must have an “educationally significant goal that must be the ‘primary or dominant’ purpose for which the land or structures will be used.”

The Weston ZBA had unsuccessfully argued that  “the educational aspects of the project were mere ‘window dressing’ for what was in truth a luxury housing development,” according to a review of the case. However, despite its victory, Regis later dropped plans for the complex.

In this week’s McLean ruling, the SJC also noted that the Lincoln Residence, an existing transitional McLean transitional residence for adults in Lincoln at 5 Old Cambridge Turnpike in Lincoln, is a “protected educational facility.” Also, the fact that the Bypass Road facility would have medical staff on site is irrelevant, since public schools also have nurses, the court said.

“Despite the outcome, we are grateful to Special Town Counsel Jay Talerman who, along with Attorney Michael Fee on behalf of the Bypass Road neighborhood, worked to receive a favorable judgment at the Land Court and provide a vigorous and skillful defense before the SJC,” the Board of Selectmen said in a statement.

The board also thanked Special Town Counsel Jay Talerman for providing “a vigorous and skillful defense before the SJC,” and town boards for “their efforts to respond to McLean’s original application in a fair and professional manner.”

The town’s legal expenses in connection with the McLean case total $49,900 thus far. Selectmen will meet in executive session on Friday morning to discuss the decision.

Representatives of McLean Hospital and the Bypass Road residents could not be reached for comment Tuesday.