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

land use

South Lincoln efforts continue with workshop for businesses

As part of a larger effort to revitalize the Lincoln Station area, the town is sponsoring a free workshop for Lincoln’s storefront business owners titled “Retail Best Practices: The Power of Presentation” on Wednesday, Jan. 9 from 8–9:30 a.m. at the Rural Land Foundation office at Lincoln Station (145 Lincoln Rd., second floor).

The session led by Christine Moynihan of Retail Visioning. Her program aims to help business owners improve the look and feel of their establishments as well as the customer experience and business planning and marketing in print and online. Attendees are also invited to participate in a private one-on-one free consultation with Moynihan in January or early February and could be eligible to receive a small grant to help implement recommendations made by the consultant.

For more information about the program or to register, contact Jennifer Burney, Director Planning and Land Use, at burneyj@lincolntown.org or 781-259-2684. Registration is not required but seating may be limited.

Funding for the workshop comes from a grant awarded to the South Lincoln Planning and Implementation Committee, which is steering several simultaneous projects aimed at revitalizing the area around Lincoln Station.

Other SLPIC projects

The MBTA subcommittee has recommended a list of improvements to the train station and commuter parking lots and expects to receive $500,000 from the state to pay for a study to design those improvements. The group is soliciting opinions as to whether the inbound and outbound train stops should be on the same side of the tracks, and whether non-Lincoln residents, or whether out-of-town commuters would be willing to pay for parking using a smartphone app. People can respond on the South Lincoln Revitalization Project website or by texting 781-702-3466.

Another SLPIC subcommittee is looking at zoning changes in South Lincoln that would encourage residential or mixed-use development in the area. The town hired Weston & Sampson more than a year ago to look at options for relocating and/or consolidating DPW operations on Lewis Street. Among the possibilities: moving the entire DPW to the transfer station, or co-locating some DPW functions on other land near Hanscom Field.

The study was expected to take only three months but is still not finished; the firm is expected to provide an update to SLPIC in January. “The work has taken longer due to the amount of parcels they had to review and apply the analysis to,” Burney said. “Unfortunately, projects often take longer than expected.”

Much of the study has consisted at examining and rating other possible DPW sites in town, as well as costs associated with any relocation. However, some North Lincoln residents have already voiced concerns about the idea of moving some or all of the DPW’s functions to the transfer station site.

With the help of grants, SLPIC’s Wayfinding Team has already installed wayfinding signs and a “pocket park” with a kiosk and bike repair station next to the railroad tracks. Among the items on the group’s to-do list for 2019: conducting a parking and sewer feasibility study, and seeking funds to spruce up the park-like area between Donelan’s and Lincoln Woods. A June 2017 report presented design ideas along with a cost estimate of $100,000.

New Minuteman High School on track for fall 2019 opening

Architect’s rendering of the new Minuteman High School (click to enlarge).

Construction on Minuteman High School in Lincoln is progressing smoothly and the new building will open its doors to students in September 2019.

The new building broke ground in June 2017 after years of effort, as Minuteman had to secure Town Meeting approvals from every town in the Minuteman school district before the project could be bonded. Faced with having to assume a portion of the school construction debt, seven of the 16 towns including Lincoln that sent very few students to Minuteman withdrew from the district. The other towns that withdrew are Belmont, Boxborough, Carlisle, Sudbury, Wayland, and Weston. The project cleared its last hurdle in September 2016 with a district-wide vote.

Before the withdrawal vote, a Lincoln working group determined that it would be cheaper to send Lincoln students to Minuteman or another vocational school as out-of-district students — even with an added capital fee and out-of-district tuition — than to remain in the district and pay a share of the debt. However, Lincoln has benefited from building permit fees of approximately $1 million from Minuteman — money that is being applied as the “free cash” portion of the budget for the Lincoln School project.

Students from Lincoln and other non-member towns are still eligible to enroll at Minuteman or other vocational school, but only if there are spaces available.

The Massachusetts School Building Authority is funding $44 million of the $145 million cost for the school, which is designed for 628 students. A repair-only option would have cost $105 million.

Before work began, Minuteman hired an archeological firm to check for any historical artifacts but didn’t find any. However, excavation uncovered a large rock that probably marked the site of gatherings for several Native American tribes including the Abenaki. Workers planned to remove it with explosives, but officials decided to move it aside temporarily and then install it in a place of honor once work is complete.

“It’s a significant piece of history we wanted to honor and maintain that [shows what] this land and this ground is about,” Director/Superintendent Edward Bouquillon said in this video about the rock. This page on the Minuteman project website has links to more videos, including a 3D virtual tour of the completed building as well as construction updates shot with drones (the most recent one was filmed on November 30).

The current high school building just over the town line in Lexington will be torn down and replaced with athletic fields and parking, which were formerly on the Lincoln portion of the property. The district plans to explore public/private partnerships to develop an athletic complex and other facilities for use by its students and the Minuteman School District members. Lexington has promised funding for synthetic turf so organizations from that town will have somewhat greater access, Bouquillon said. 

Property sales in November

16 Juniper Ridge Rd. — Michael D. Russell to Pablo Acosta-Serafina and Romana Filipi for $935,000 (November 27)

352 Hemlock Circle — Patricia R. Walsh Trust to Christine Wanke for $560,000 (November 15)

37 Bedford Rd. — Edward G. Nardi to Lydia Ogden and Thaddeus Carlson for $1,412,500 (November 13)

25 Greenridge Lane — Andrew Papajohn to Yuan Zhao for $498,000 (November 8)

146 Chestnut Circle — Daniel L. Lynch Jr. to Margaret Hixon Trist for $660,000 (November 1)

 

McLean Hospital appeals court decision on Bypass Road property

McLean Hospital has filed a notice of intent to appeal a recent court decision regarding its Bypass Road property, and the town and a group of residents say they will continue to resist the hospital’s efforts to locate an inpatient program in a private home in the neighborhood

In October, the state Land Court denied McLean’s appeal of a 2016 decision by the Zoning Board of Appeals decision saying no to the hospital’s plan to use a single-family house for an outpatient facility for teenage boys and young adults with borderline personality disorder. The court sided with the ZBA, which said this did not constitute an educational use of the property, which would have been permitted under the state’s Dover amendment, although an earlier opinion by town counsel Joel Bard seemed to give McLean the go-ahead.

In response to McLean’s recent filing, selectmen voted to retain the services of attorney Jay Talerman “on an ongoing basis to continue the Town’s vigorous defense in this matter as necessary.” Talerman represented the town in McLean’s initial lawsuit.

“We in the neighborhood are unfortunately not surprised [by McLeans appeal]. And we are concerned about their goal,” said Steven Kanner, a leader of the group of residents who fought McLean’s proposal. The group retained an attorney and petitioned the court to intervene as co-defendants in McLean’s suit against the town.

“From the beginning, McLean has been disingenuous” in characterizing dialectical behavioral therapy or DBT (which McLean planned to use at the Bypass Road facility) as educational rather than medical or therapeutic, Kanner said. DBT “should take place in an acknowledged and legal medical setting (such as McLean Hospital) and not be camouflaged and wordsmithed into an ‘educational’ program to evade common and appropriate zoning restrictions.”

McLean was rebuffed by the ZBA and Land Court, “but they persist. Why?” Kanner said. “Their agenda is not publicly stated, but seeking to get psychiatric treatment facilities placed anywhere with no zoning restrictions would be a goal consistent with their actions. We believe that would be bad public policy, and certainly is not the current policy in the Commonwealth.”

Selectman “declared their intention to oppose any appeal by McLean, and the neighborhood group … will do the same in coordination with the town,” Kanner said.

Earlier this year, the group asked selectmen to add a funding measure based on a citizens’ petition to the Annual Town Meeting warrant to help defray their legal costs. But the board denied that request because the state’s anti-aid amendment prohibits public funding for private individuals and organizations that are not working under town control.

Dr. Philip Levendusky, senior vice president for business development and communications and director of McLean’s Psychology Department, and Diane Tillotson, McLean’s attorney in the case, did not return requests for comment.

Property sales in October

2 Emerson Rd. — Daniel Boynton to Alexi and Yumi Alanoly for $677,000 (October 31)

11 Reiling Pond Rd. — Harold Gill III to Sean Wirtjes and Nivi Jaswal for $1,094,000 (October 31)

26 Longmeadow Rd. — Robert Talanian to William Hobbs and Caroline Mitchell for $1,480,000 (October 31)

16 Stratford Way — Suzanne DiCiccio to the Nancy Lynne Paul Sillman Trust and the Sherwood Daniel Sillman IV Trust for $2,500,000 (October 24)

120 Lexington Rd. — Christopher Silber to Johan Karl Olav Skog and Leonora Balaj for $1,810,000 (October 12)

16 Old Winter St. — Betty Levin Trust to Peter A. and Hathaway F. Ellis for $1,150,000 (October 11)

0 and 73 Weston Rd (two lots) — Joshua C. Stirling to (1) Keith F. McDonald and Peter Buchthal (2) Keith McDonald and Elise W. McDonald for a total of $1,889,000 (October 5)

177 Concord Rd. — Jackson A. Caine to Scott and Lauren Yockel for $679,000 (October 4)

5 Sandy Pond Rd. — John J. Atkins to Scott and Sara Lupkas for $1,730,000 (October 1)

Court rules against McLean Hospital in Bypass Road case

In a much-awaited decision released this week, the state land court has denied McLean Hospital’s appeal of a town decision against a plan to put a 12-bed residential facility for boys in a residential property on Bypass Road.

The saga began in 2016 when the hospital purchased the 6,700-square-foot home at 22 Bypass Rd. with plans to house boys age 15-21 for transitional care as part of its 3East program. McLean argued that this constituted an educational use of the property, which made it exempt from town zoning restrictions. The so-called Dover Amendment in state law requires towns to permit educational and religious facilities in areas not zoned for such uses.

Citing previous court cases, town attorney Joel Bard said in a May 2016 letter that he believed McLean’s use was educational and thus permitted, so then-Building Inspector Dan Walsh gave the initial go-ahead in a letter of his own in July 2016. But a group of neighborhood residents successfully appealed to the Zoning Board if Appeals, which overruled Walsh. McLean then filed suit to appeal the ZBA decision in late 2017, and the case went to trial in October 2017.

McLean argued that its program included a curriculum to teach clients coping skills drawn from dialectical behavior therapy. “But to conclude that the structure of the program essentially transforms a therapeutic program into an educational one for the purposes of Dover Amendment protection would, in fact, elevate form over substance,” the court ruled. “The primary and predominant purpose of the 3East Boys Program is the treatment of a serious mental condition. Accordingly, this court finds and rules that McLean’s 3East Boys Program is not an educational use entitled to the benefits and protections of the Dover Amendment.”

“We are gratified by the decision of the court which affirms the thoughtful approach of our ZBA, and its careful analysis of the facts, and upholds the integrity of the town’s bylaw,” the Board of Selectmen said in a statement. “The nature of the project raised passions on both sides, among those who were concerned, and among those who were generally supportive of McLean’s proposal… In the end, we believe the process yielded the right result for our community.

“We always said this was a medical program that should not be allowed in a residential area under the educational exemption,” said Steve Kanner, the primary organizer of the residents who fought McLean’s proposal. “We’re certainly highly pleased to see the court came down and said exactly that, including referring to a possible overreach of the argument.”

Kanner called the ruling “a ringing affirmation of the correctness of the ZBA’s decision,” adding, “I would hope there would be some institutional reflection on the original decision [that McLean’s proposal was allowable] and how and why it came about.”

Selectmen sounded a similar note in their statement. “Going forward, we will reflect on the process and evaluate what worked well and where there are opportunities for improvement, to help inform our response should a similar proposal come forward in the future.”

Special counsel Jay Talerman, who represented the town during the lawsuit, declined to comment on the decision but said town officials and attorneys planned to meet Friday to discuss it.

“I’m happy for the decision. It upheld the analysis and decision that the ZBA made in its very careful review,” said Joel Freedman, who as ZBA co-chair was one of the defendants in the case. “It probably breaks some new law in the area of the Dover amendment and the limits of it, which is interesting.”

Dr. Philip Levendusky, senior vice president for business development and communications and director of McLean’s Psychology Department, and Diane Tillotson, McLean’s attorney in the case, did not return calls or emails Wednesday requesting comment.

Marijuana business ban passes at Special Town Meeting

Residents took the first step to ban marijuana-based businesses in Lincoln, at least for now, as residents approved a full ban at the October 18 Special Town Meeting.

Because Lincoln residents voted in favor of legalizing recreational marijuana in the 2016 state election, a two-thirds majority was required to enact the ban. The vote total according to a standing count was 73 percent in favor (140 votes) vs. 27 percent against (53 votes). However, a simple majority must also approve the ban at the town election in March 2019.  

Before the vote on the ban, a large majority of residents approved extending the current moratorium on marijuana businesses until June 30, 2019.

In an earlier town survey sponsored by the Marijuana Study Committee that garnered 408 responses, 61 percent supported a full ban. Of the 39 percent who did not, 85 percent supported allowing marijuana cultivation in town and 70 percent were in favor of allowing retail sales of marijuana products. In the 2016 state vote, 53 percent of the 3,783 Lincoln residents who cast ballots residents voted to legalize recreational marijuana.

The Agricultural Commission voted in August to support commercial cultivation of marijuana in Lincoln. However, the Planning Board and the Board of Selectmen both unanimously recommended that residents approve the full ban. If the town were to allow commercial marijuana cultivation, it would be in keeping with the town’s agricultural character, the committee noted. However, the town would not gain any revenue, whereas if retail establishments were allowed, the town could reap up to 3 percent of gross sales.

  • Click here for FAQs on commercial marijuana in Lincoln (handout from the State of the Town meeting)

Town officials did not have any estimates on either the amount of revenue that retail sales might bring in, nor the cost of additional police time that could be incurred. Police Chief Kevin Kennedy noted that because sales of marijuana is still illegal federally, products must be paid for with cash, potentially increasing the risk of robbery. Marijuana establishments can hire private guards, but they can’t be armed, he said.

Selectmen noted on Saturday that the full ban can be reserved in the future, but once legalized, marijuana businesses could not be banned later. Bedford, Weston, Concord, Sudbury, and Lexington have already approved full commercial bans. Wayland has done so at the ballot box but not at Town Meeting, while Waltham’s vote is still pending.

Owing to its low population density and location, “Lincoln is a most unattractive town in which to put a retail establishment” said Lincoln resident and cannabis operator/educator Jean Welsh, who was a panelist at a public forum on the issue in May. However, existing medical marijuana cultivation facilities in Massachusetts “are extremely secure; we have regulated them to the hilt,” she said. There are 30 dispensaries and about a dozen medical marijuana farms in the Commonwealth, “and we’re just not having issues,” she said.

Saying that alcohol is more dangerous than pot, Welsh wondered if the town ought to ban growing hops, which are used to make beer. For adults, marijuana “just isn’t that dangerous, folks, and I think in five to ten years you’re going to be buying it at Whole Foods anyway.”

The ban does not affect personal, noncommercial growing and possession of recreational marijuana, Selectman James Craig pointed out. Massachusetts law allows residents 21 and older to use the drug and have up to one ounce on their person (up to 10 ounces in their homes). Households with one adult over 21 can also grow up to six marijuana plants, or 12 plants if there are two adults in the household.

The Lincoln move has no effect on potential home delivery of marijuana products. The state Cannabis Control Commission does not currently allow home delivery of cannabis for recreational use, but it is considering allowing small Massachusetts-based marijuana retailers to make in-state home deliveries.

A few residents spoke against instituting the full ban. Given the restrictions on lot size for cultivation and on public visibility of the marijuana plants, “It doesn’t seem like it’s going to change the landscape very much,” said Sharon Antia. “Let’s just do it.”

Two medical professionals voiced warnings about marijuana’s effects on teenage brains. In treating teenagers and young adults having their first psychotic break, “marijuana is the single most important factor I have seen over the years,” said Rakesh Kharmacharya, an associate professor of psychiatry at Harvard Medical School and a clinician at McLean Hospital.

But such information is missing the point of the Town Meeting vote, said Ben Wells. “This isn’t a vote to ban adult use. That genie is out of the bottle. I’m concerned about teen use [of marijuana], but that’s not what’s on the ballot today. I’d hate to see us punish our farmers and entrepreneurs to send a message,” he said.

Peter Braun argued in favor of the full ban. “I’m informed by the wisdom of our surrounding towns,” he said, adding that “we need to see how it plays out” in towns that do allow marijuana businesses.

Corrections

  • The agenda for the October 20 State of the Town meeting posted in the Squirrel on October 9 was incorrect. Here is the correct agenda for the meting, which will take place in Brooks auditorium from 10:30 a.m.–12:30 p.m.:
    • Campus building projects (10:30–11 a.m.)
    • South Lincoln planning (11–11:30 a.m.)
    • deCordova bylaws (11:30a.m.–noon)
    • Open forum (12–12:30 p.m.)
    • Post-meeting table session (12:45–1:15 p.m.)
  • A photo caption in the October 10 story headlined “Sales of dolls, antiques providing big share of MCC budget” was initially incorrect; the second person in the photo is Erica Gonella, the MCC’s treasurer and director of annual giving.

Both posts have bene updated to reflect these corrections.

Town Meeting and election information

(Editor’s note: This post has been updated to reflect the corrected agenda for the State of the Town meeting.)

Special Town Meeting and State of the Town

On Saturday, Oct. 20, there will be a Special Town Meeting vote on the status of marijuana businesses in Lincoln starting at 9 a.m., immediately followed by the State of the Town meeting at 10:30. During the Town Meeting, residents will be asked to vote to:

  • Extending the current town moratorium on marijuana-related businesses from Nov. 30, 2018 to June 1, 2019.
  • Amending the zoning bylaw to prohibit all marijuana establishments (retail, cultivation, testing, research, product manufacturing, etc.).

Click here for the warrant. Previous Lincoln Squirrel articles: 

State of the Town

There will be no votes at the State of the Town portion of the morning, but officials will present updates on the following:

  • Campus building projects (10:30–11 a.m.)
  • South Lincoln planning (11–11:30 a.m.)
  • deCordova bylaws (11:30a.m.–noon)
  • Open forum (12–12:30 p.m.)
  • Post-meeting table session (12:45–1:15 p.m.)

Early voting hours set

Early voting for the November 6 election will be offered in the Town Clerk’s office from Monday, Oct. 22–Friday, Nov. 2. Hours:

8:30 a.m.–4:30 p.m. on Mondays, Wednesdays, and Fridays

8:30 a.m.–7 p.m. on Tuesdays, Oct. 23 and 30, and Thursdays, Oct. 25 and Nov. 1

9 a.m.–3 p.m. on Saturday, Oct. 27.

Voting on Election Day takes place in the Smith gym from 7 a.m. to 8 p.m. Anyone who has not registered for the election must do so by Wednesday, Oct 17. Click here for a specimen ballot.

Property sales in August

14 Oak Meadow Rd. — Theofanie Mela to Mohammed Movassaghi for $959,000 (August 31)

265 South Great Rd. — Edmund Neuhaus to Alexander Tallett for $640,000 (August 31)

138 Tower Rd. — Blair Galinsky to Theofanie Mela for $886,500 (August 31)

0 baker Farm Rd, — John Adama Trust to Walden Woods Project for $100,000 (August 17)

25 Page Rd. — John Braasch tp Kennth Bassett and Mary Lorenz for $1,050,000 (August 15)

202 Concord Rd. — Tamas Oravecz to James and Li Kent for$1,080,000 (August 13)

62 Beaver Pond Rd. — Linda Menkis to Tamer Khafagy for $1,100,000 ((August 9)

35 Sandy Pond Rd. — John Veague to Richard and Christine Chesworth for $1,885,000 (August 3)